---
kind: "range"
citation: "22 U.S.C. §§ 277d–17–277d–25"
title: "22"
from: "277d–17"
to: "277d–25"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/22/277d-17..277d-25"
---

# §277d–17. Chamizal boundary settlement; investigations relating to river channel; acquisition of lands; relocation of facilities


In connection with the convention between the [United States](/usc/22/1395.md?p=a-1) of America and the United Mexican States for the solution of the problem of the Chamizal, signed August 29, 1963, the Secretary of State, acting through the [United States](/usc/22/1395.md?p=a-1) Commissioner, International Boundary and Water [Commission](/usc/22/277d–43.md?p=2), [United States](/usc/22/1395.md?p=a-1) and Mexico, is authorized—

a. to conduct technical and other investigations relating to: the demarcation or monumentation of the boundary between the [United States](/usc/22/1395.md?p=a-1) and Mexico; flood control; water resources; sanitation and prevention of pollution; channel relocation, improvement, and stabilization; and other matters related to the new river channel.

b. to acquire by donation, purchase, or condemnation, all lands required—

(1) for transfer to Mexico as provided in said convention;

(2) for construction of that portion of the new river channel and the adjoining levee in the territory of the [United States](/usc/22/1395.md?p=a-1);

(3) for relocation of highways, roadways, railroads, telegraph, telephone, electric transmission lines, bridges, related [facilities](/usc/22/2431a.md?p=8), and any publicly owned structure or [facility](/usc/22/2431a.md?p=8), the relocation of which, in the judgment of the said Commissioner, is necessitated by the project.

c. For the purpose of effecting said relocations—

(1) to perform any or all work involved in said relocations;

(2) to enter into contracts with the owners of properties to be relocated whereby they undertake to acquire any or all properties needed for said relocations, or undertake to perform any or all work involved in said relocations;

(3) to convey or exchange properties acquired or improved by the [United States](/usc/22/1395.md?p=a-1) under [sections 277d–17 to 277d–25](/usc/22/277d–17..277d–25.md) of this title or under said convention, with or without improvements, or to grant term or perpetual easements therein or thereover.


# §277d–18. Construction, operation, and maintenance of works; Bridge of the Americas

- (a) **In general—** The [United States](/usc/22/1395.md?p=a-1) Commissioner is authorized to construct, operate, and maintain all works provided for in said convention and [sections 277d–17 to 277d–25](/usc/22/277d–17..277d–25.md) of this title, and to turn over the operation and maintenance of any such works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the Commissioner may deem appropriate.
- (b) **Bridge of the Americas—** The [United States](/usc/22/1395.md?p=a-1) Commissioner is authorized to receive payments of money from public or private sources in the [United States](/usc/22/1395.md?p=a-1) or Mexico made for the purpose of sharing in the cost of operations, maintenance, and replacement of the Bridge of the Americas which crosses the Rio Grande between El Paso, Texas, and Cd. Juarez, Chihuahua. Notwithstanding any other provision of law, such payments of money shall be credited to any appropriation to the [Commission](/usc/22/277d–43.md?p=2) which is currently available. [Funds](/usc/22/2431a.md?p=9) received under this subsection shall be available only for the replacement of such bridge.
- (c) **Advance appropriations—** The authority of [subsection (b)](#b) may be exercised only to the extent or in such amounts as are provided in advance in appropriation Acts.

# §277d–19. Compensation of owners and tenants to prevent economic injury; regulations


The [United States](/usc/22/1395.md?p=a-1) Commissioner, under regulations approved by the Secretary of State, and upon application of the owners and tenants of lands to be acquired by the [United States](/usc/22/1395.md?p=a-1) to fulfill and accomplish the purposes of said convention, and to the extent administratively determined by the Commissioner to be fair and reasonable, is authorized to—

a. Reimburse the owners and tenants for expenses and other losses and damages incurred by them in the process and as a direct result of such moving of themselves, their [families](/usc/22/4304a.md?p=c-2), and their possessions as is occasioned by said acquisition: Provided, That the total of such reimbursement to the owners and tenants of any parcel of land shall in no event exceed 25 per centum of its [fair value](/usc/22/277d–24.md), as determined by the Commissioner. No payment under this subsection shall be made unless application therefor is supported by an itemized and certified statement of the expenses, losses, and damages incurred.

b. Compensate the said owners and tenants for identifiable, reasonable, and satisfactorily proved costs and losses to owners and tenants over and above those reimbursed under the foregoing subsection in the categories hereinafter provided, and for which purpose there shall be established by the Commissioner a [board](/usc/22/2431a.md?p=4) of examiners, consisting of such personnel employed and compensation fixed as he deems advisable, without regard to the provisions of the civil service laws and [chapter 51](/usc/22/ch51.md) and subchapter III of [chapter 53](/usc/5/chptIII-sptD-ch53.md) of title 5. Said [board](/usc/22/2431a.md?p=4) may hold hearings and shall examine submitted evidence and make determinations, subject to the Commissioner’s approval, regarding all claims in said categories as follows:

(1) For properties—

(a) For nonconforming abodes and minimum forms of shelter for which there are no comparable properties on the market in the city of El Paso and concerning which fair market [value](/usc/22/2794.md?p=2) would be inadequate to find minimum housing of equal utility, compensation to the owner up to an amount which when added to the market [value](/usc/22/2794.md?p=2) allowed for his property, including land [values](/usc/22/2794.md?p=2), would enable purchase of minimum habitable housing of similar utility in another residential section of said city.

(b) For commercial properties for which there are no comparable properties on the market in or near El Paso, Texas, compensation to the owner up to an amount which, when added to the total fair market [value](/usc/22/2794.md?p=2), including the land [value](/usc/22/2794.md?p=2), would compensate the owner for the “[value](/usc/22/2794.md?p=2) in use” of the real estate to him. Such “[value](/usc/22/2794.md?p=2) in use” is to be determined on the basis of replacement cost less deterioration and obsolescence in existing real estate and taking into consideration factors bearing upon income attributable to the real estate.

(2) For loss in business:

(a) Loss of profits directly resulting from relocation, limited to the period between termination of business in the old location and commencement of business in the new, such period not to exceed thirty days.

(b) Loss to owner resulting from inability to rent to others housing or commercial space that can be reasonably related to uncertainties arising out of the pending acquisition of the owner’s property by the [United States](/usc/22/1395.md?p=a-1), such losses limited to those incurred after July 18, 1963, and prior to the making by the [United States](/usc/22/1395.md?p=a-1) of a firm offer to purchase.

(3) For penalty costs to property owners for prepayment of mortgages incident to acquisition of the properties by the [United States](/usc/22/1395.md?p=a-1).


# §277d–20. Limitation on application for reimbursement or compensation


Application for reimbursement or compensation under [section 277d–19 of this title](/usc/22/277d–19.md) shall be submitted to the Commissioner within either one year from the date of acquisition or the date of vacating the premises by the applicant, whichever date is later. Applications not submitted within said period shall be forever barred.


# §277d–21. Attorneys’ fees; penalties


The Commissioner, in rendering an award in favor of any claimant under [section 277d–19 of this title](/usc/22/277d–19.md), may, as part of such award, determine and allow reasonable attorneys’ fees which shall not exceed 10 per centum of the amount awarded, to be paid out of but not in addition to the amount of award, to the attorneys representing the claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed by the terms of this section, if award be made, shall be fined not more than $2,000 or imprisoned not more than one year, or both.


# §277d–22. Prohibition against duplicate payments; eligibility for payments unaffected by means employed for acquisition of property; rights and powers unaffected


Payments to be made as herein provided shall be in addition to, but not in duplication of, any payments that may otherwise be authorized by law. The means employed to acquire the property, whether by condemnation or otherwise, shall not affect eligibility for reimbursement or compensation under [sections 277d–17 to 277d–25](/usc/22/277d–17..277d–25.md) of this title. Nothing contained in such sections shall be construed as creating any legal right or cause of action against the [United States](/usc/22/1395.md?p=a-1) or as precluding the exercise by the Government of the right of eminent domain or any other right or power that it may have under such sections or any other law; nor shall such sections be construed as precluding an owner or tenant from asserting any rights he may have under other laws or the Constitution of the [United States](/usc/22/1395.md?p=a-1).


# §277d–23. Taxation; exclusion from gross income


No amount received as an award under subsection a. and subsections b. (1) and (3) of [section 277d–19 of this title](/usc/22/277d–19.md) shall be included in gross income for purposes of [chapter 1](/usc/26/chstA-ch1.md) of title 26. However, amounts received under subsection b. (1) shall be included in gross income to the extent that such amounts are not used within one year of the receipt thereof to purchase replacement housing or [facilities](/usc/22/2431a.md?p=8).


# §277d–24. Definitions; exemption from administrative procedure provisions


As used in [sections 277d–17 to 277d–25](/usc/22/277d–17..277d–25.md) of this title, the term “land” shall include interests in land, and the term “fair value” shall mean fair value of the interest acquired. The provisions of such sections shall be exempt from the operations of subchapter II of [chapter 5](/usc/22/ch5.md), and [chapter 7](/usc/22/ch7.md), of [title 5](/usc/5.md).


# §277d–25. Authorization of appropriations


There are authorized to be appropriated to the Department of State for the use of the [United States](/usc/22/1395.md?p=a-1) section of said [Commission](/usc/22/277d–43.md?p=2) not to exceed $44,900,000 to carry out the provisions of said convention and [sections 277d–17 to 277d–25](/usc/22/277d–17..277d–25.md) of this title and for transfer to other Federal agencies to accomplish by them or other proper agency relocation of their [facilities](/usc/22/2431a.md?p=8) necessitated by the project. Of the appropriations authorized by this section, not to exceed $4,200,000 may be used to carry out the provisions of [section 277d–19 of this title](/usc/22/277d–19.md). The provisions of [section 277d–3 of this title](/usc/22/277d–3.md) are hereby expressly extended to apply to the carrying out of the provisions of said convention and [sections 277d–17 to 277d–25](/usc/22/277d–17..277d–25.md) of this title.