-CITE-
    43 USC TITLE 43 - PUBLIC LANDS                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    
-HEAD-    
                          TITLE 43 - PUBLIC LANDS                      

-MISC1-
                                                                
    Chap.                                                            Sec.
    1.      Bureau of Land Management                                  1
    2.      United States Geological Survey                           31
    3.      Surveys                                                   51
    4.      District Land Offices                                     70
    5       Land Districts                                           121
    6.      Withdrawal From Settlement, Location, Sale, or Entry     141
    7.      Homesteads                                               161
    8.      Timber and Stone Lands [Repealed]                        311
    8A.     Grazing Lands                                            315
    9.      Desert-Land Entries                                      321
    10.     Underground-Water Reclamation Grants [Repealed]          351
    11.     Discovery, Development, and Marking of Water Holes,
             etc., by Government                                     361
    11A.    Board on Geographic Names                                364
    12.     Reclamation and Irrigation of Lands by Federal
             Government                                              371
    12A.    Boulder Canyon Project                                   617
    12B.    Colorado River Storage Project                           620
    13.     Federal Lands Included in State Irrigation Districts     621
    14.     Grants of Desert Lands to States for Reclamation         641
    15.     Appropriation of Waters; Reservoir Sites                 661
    16.     Sale and Disposal of Public Lands                        671
    17.     Reservation and Sale of Town Sites on Public Lands       711
    18.     Survey of Public Lands                                   751
    19.     Bounty Lands [Repealed]                                  781
    20.     Reservations and Grants to States for Public
             Purposes                                                851
    21.     Grants in Aid of Railroads and Wagon Roads               881
    21A.    Forfeiture of Northern Pacific Railroad Indemnity
             Land Grants [Omitted]                                   921
    22.     Rights-of-way and Other Easements in Public Lands        931
    23.     Grants of Swamp and Overflowed Lands                     981
    24.     Drainage Under State Laws [Repealed]                    1021
    25.     Unlawful Inclosures or Occupancy; Obstructing
             Settlement or Transit                                  1061
    25A.    Lands Held Under Color of Title                         1068
    26.     Abandoned Military Reservations [Repealed]              1071
    27.     Public Lands in Oklahoma                                1091
    28.     Miscellaneous Provisions Relating to Public Lands       1151
    29.     Submerged Lands                                         1301
    30.     Administration of Public Lands [Repealed or Omitted]    1361
    31.     Department of the Interior                              1451
    32.     Colorado River Basin Project                            1501
    32A.    Colorado River Basin Salinity Control                   1571
    32B.    Colorado River Floodway                                 1600
    33.     Alaska Native Claims Settlement                         1601
    33A.    Implementation of Alaska Native Claims Settlement
             and Alaska Statehood                                   1631
    34.     Trans-Alaska Pipeline                                   1651
    35.     Federal Land Policy and Management                      1701
    36.     Outer Continental Shelf Resource Management             1801
    37.     Public Rangelands Improvement                           1901
    38.     Crude Oil Transportation Systems                        2001
    39.     Abandoned Shipwrecks                                    2101
    40.     Reclamation States Emergency Drought Relief             2201
    41.     Federal Land Transaction Facilitation                  2301.

-End-

-CITE-
    43 USC CHAPTER 1 - BUREAU OF LAND MANAGEMENT                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
                   CHAPTER 1 - BUREAU OF LAND MANAGEMENT               

-MISC1-
    Sec.                                                     
    1.          Repealed.                                             
    2.          Duties concerning public lands.                       
    3 to 5.     Repealed or Omitted.                                  
    6.          Duties of employees to certify, record, etc., patents.
    7 to 10.    Repealed or Omitted.                                  
    11.         Restriction on officers, clerks, and employees.       
    12.         Seal, books, and records.                             
    13.         Original papers on file as evidence.                  
    14.         Returns relative to lands.                            
    15.         Issuance and signing of patents by Secretary of the
                 Interior; delegation of authority; notice.           
    16.         Engrossing and recording patents.                     
    17.         Plats of land surveyed.                               
    18.         Copies of papers filed.                               
    19 to 25b.  Repealed.                                             

-End-

-CITE-
    43 USC Sec. 1                                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 1. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 632

-MISC1-
      Section, R.S. Sec. 446; 1946 Reorg. Plan No. 3, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, provided that there
    shall be in the Department of the Interior a Director of the Bureau
    of Land Management. Provision for a Bureau of Land Management in
    the Department of the Interior and for the structure of such Bureau
    is contained in section 403 of the 1946 Reorg. Plan No. 3, which is
    set out below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      For transfer of records, property, personnel, and funds, see
    sections 1001 to 1003 of Reorg. Plan No. 3 of 1946, eff. July 16,
    1946, 11 F.R. 7875, 60 Stat. 1097, set out in the Appendix to Title
    5, Government Organization and Employees.

-MISC1-
                     BUREAU OF LAND MANAGEMENT CREATED                 
      Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, provided:
      "(a) The functions of the General Land Office and of the Grazing
    Service in the Department of the Interior are hereby consolidated
    to form a new agency in the Department of the Interior to be known
    as the Bureau of Land Management. The functions of the other
    agencies named in subsection (d) of this section are hereby
    transferred to the Secretary of the Interior.
      "(b) There shall be at the head of such Bureau a Director of the
    Bureau of Land Management, who shall be appointed by the Secretary
    of the Interior under the classified civil service, who shall
    receive a salary at the rate of $10,000 per annum, and who shall
    perform such duties as the Secretary of the Interior shall
    designate.
      "(c) There shall be in the Bureau of Land Management an Associate
    Director of the Bureau of Land Management and so many Assistant
    Directors of the Bureau of Land Management as may be necessary, who
    shall be appointed by the Secretary of the Interior under the
    classified civil service and subject to the Classification Act of
    1923, as amended, and who shall perform such duties as the
    Secretary of the Interior may prescribe.
      "(d) The General Land Office, the Grazing Service, the offices of
    Commissioner of the General Land Office, Assistant Commissioner of
    the General Land Office, Director of the Grazing Service, all
    Assistant Directors of the Grazing Service, all registers of the
    district land offices, and United States Supervisor of Surveys,
    together with the Field Surveying Service now known as the
    Cadastral Engineering Service, are hereby abolished.
      "(e) The Bureau of Land Management and its functions shall be
    administered subject to the direction and control of the Secretary
    of the Interior, and the functions transferred to the Secretary by
    subsection (a) of this section shall be performed by the Secretary
    or, subject to his direction and control, by such officers and
    agencies of the Department of the Interior as he may designate."

-End-

-CITE-
    43 USC Sec. 2                                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 2. Duties concerning public lands

-STATUTE-
      The Secretary of the Interior or such officer as he may designate
    shall perform all executive duties appertaining to the surveying
    and sale of the public lands of the United States, or in anywise
    respecting such public lands, and, also, such as relate to private
    claims of land, and the issuing of patents for all grants of land
    under the authority of the Government.

-SOURCE-
    (R.S. Sec. 453; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 317; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 453 derived from acts Apr. 25, 1812, ch. 68, Sec. 1, 2
    Stat. 716; July 4, 1836, ch. 352, Sec. 1, 5 Stat. 107; June 6,
    1874, ch. 223, 18 Stat. 62; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat.
    317.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "The Secretary of the Interior or such officer as he may
    designate shall perform" substituted for "The Commissioner of the
    General Land Office shall perform, under the direction of the
    Secretary of the Interior," on authority of section 403 of Reorg.
    Plan No. 3 of 1946. See note set out under section 1 of this title.

-MISC1-
     BUREAU OF LAND MANAGEMENT DRUG ENFORCEMENT SUPPLEMENTAL AUTHORITY 
      Pub. L. 99-570, title V, subtitle C, as added by Pub. L. 100-690,
    title VII, Sec. 6254(d)(3), Nov. 18, 1988, 102 Stat. 4365, provided
    that:

      "SEC. 5061. SHORT TITLE.
      "This subtitle may be cited as the 'Bureau of Land Management
    Drug Enforcement Supplemental Authority Act'.

      "SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION.
      "In order to improve Federal law enforcement activities relating
    to the use and production of narcotics and controlled substances on
    Bureau of Land Management public lands, from amounts appropriated
    there are made available to the Secretary of the Interior, in
    addition to sums made available under other authority of law,
    $1,500,000 for fiscal year 1989, and for each fiscal year
    thereafter, to be used for the employment and training of
    additional and existing personnel, for equipment and facilities to
    be used by such personnel, and for expenses related to such
    employment, training, equipment, and facilities."

-End-

-CITE-
    43 USC Sec. 3                                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 3. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 632, 636

-MISC1-
      Section, acts July 11, 1890, ch. 667, Sec. 1, 26 Stat. 257; June
    17, 1910, ch. 297, 36 Stat. 512, provided for the office of an
    assistant commissioner of the General Land Office, which was
    subsequently abolished by Reorg. Plan No. 3 of 1946, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. That Plan provided for
    a Bureau of Land Management, including an Associate Director and as
    many Assistant Directors as the Secretary of the Interior may find
    necessary. See note set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 3a                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 3a. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 5, 1942, ch. 336, Sec. 1, 56 Stat. 312,
    provided for assistant or deputy commissioners of the General Land
    Office and Bureau of Indian Affairs. Insofar as it related to the
    General Land Office it was superseded by Reorg. Plan No. 3 of 1946,
    Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out
    as a note under section 1 of this title. Provisions unaffected by
    the Plan relating to the Bureau of Indian Affairs are set out as
    section 2a of Title 25, Indians.

-End-

-CITE-
    43 USC Secs. 4, 5                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Secs. 4, 5. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 632, 641

-MISC1-
      Section 4, act May 22, 1908, ch. 186, 35 Stat. 225, which
    provided for a temporary assistant commissioner of the General Land
    Office, was superseded by Reorg. Plan No. 3 of 1946, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under
    section 1 of this title.
      Section 5, R.S. Sec. 447, provided for a recorder of the former
    General Land Office.

-End-

-CITE-
    43 USC Sec. 6                                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 6. Duties of employees to certify, record, etc., patents

-STATUTE-
      It shall be the duty of such officers or employees of the Bureau
    of Land Management as may be designated by the Secretary of the
    Interior, in pursuance of instructions from the Secretary of the
    Interior or such officer as he may designate, to certify and affix
    the seal of the office to all patents for public lands, and to
    attend to the correct engrossing, recording, and transmission of
    such patents. They shall prepare alphabetical indexes of the names
    of patentees, and of persons entitled to patents; and shall prepare
    such copies and exemplifications of matters on file or recorded in
    the Bureau of Land Management as the Secretary or such officer may
    from time to time direct.

-SOURCE-
    (R.S. Sec. 459; 1940 Reorg. Plan No. III, Sec. 4, eff. June 30,
    1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 459 derived from acts Apr. 25, 1812, ch. 68, Sec. 8, 2
    Stat. 717; July 4, 1836, ch. 352, Sec. 4, 5 Stat. 111.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    and references to the Commissioner were changed to Secretary of the
    Interior or such officer as he may designate on authority of
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.
      Office of Recorder of General Land Office abolished and functions
    of recorder directed to be exercised under direction and
    supervision of Secretary of the Interior, through such officers or
    employees of General Land Office as he may designate, on authority
    of section 4 of Reorg. Plan No. III of 1940, set out in the
    Appendix to Title 5, Government Organization and Employees. See
    also sections 8 and 9 of Reorg. Plan No. III of 1940 for provisions
    relating to transfer of records, property, personnel, and funds.

-End-

-CITE-
    43 USC Sec. 7                                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 7. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 632, 641

-MISC1-
      Section, act May 22, 1908, ch. 186, 35 Stat. 225, authorized
    Secretary of the Interior to designate a temporary recorder for
    former General Land Office in certain cases. Reorg. Plan No. III of
    1940, Sec. 4, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set
    out in the Appendix to Title 5, Government Organization and
    Employees, abolished office of Recorder of former General Land
    Office and provided that his functions should be exercised under
    direction and supervision of Secretary of the Interior through
    those officers or employees of former General Land Office as he
    might designate.

-End-

-CITE-
    43 USC Sec. 8                                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 8. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 29, 1948, ch. 754, 62 Stat. 1114, provided for
    one clerk in the Bureau of Land Management to sign land patents,
    was from the Department of the Interior Appropriation Act, 1949,
    and was not repeated in subsequent appropriation acts.
      A prior section 8, R.S. Sec. 450; acts June 19, 1878, ch. 329, 20
    Stat. 183; May 24, 1922, ch. 199, 42 Stat. 552; Jan. 24, 1923, ch.
    42, 42 Stat. 1174; June 5, 1924, ch. 264, 43 Stat. 391; Mar. 3,
    1925, ch. 462, 43 Stat. 1142; May 10, 1926, ch. 277, 44 Stat. 456;
    Jan. 12, 1927, ch. 27, 44 Stat. 937; Mar. 7, 1928, ch. 137, 45
    Stat. 202; Mar. 4, 1929, ch. 705, 45 Stat. 1564; May 14, 1930, ch.
    273, 46 Stat. 281; Feb. 14, 1931, ch. 187, 46 Stat. 1117; Apr. 22,
    1932, ch. 125, 47 Stat. 92; Feb. 17, 1933, ch. 98, 47 Stat. 822;
    Mar. 2, 1934, ch. 38, 48 Stat. 364; May 9, 1935, ch. 101, 49 Stat.
    180; June 22, 1936, ch. 691, 49 Stat. 1761; Aug. 9, 1937, ch. 570,
    50 Stat. 568; May 9, 1938, ch. 187, 52 Stat. 295; May 10, 1939, ch.
    119, 53 Stat. 691; June 18, 1940, ch. 395, 54 Stat. 411; June 28,
    1941, ch. 259, 55 Stat. 309; July 2, 1942, ch. 473, 56 Stat. 511;
    July 12, 1943, ch. 219, 57 Stat. 455; June 28, 1944, ch. 298, 58
    Stat. 468; July 3, 1945, ch. 262, 59 Stat. 322; July 1, 1946, ch.
    529, 60 Stat. 352; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100; July 25, 1947, ch. 337, 61 Stat.
    460, was repealed by act June 17, 1948, ch. 496, Sec. 2(a), (d), 62
    Stat. 476.

-End-

-CITE-
    43 USC Sec. 9                                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 9. Repealed. June 17, 1948, ch. 496, Sec. 2(b), 62 Stat. 476

-MISC1-
      Section, R.S. Sec. 451; act June 19, 1878, ch. 329, 20 Stat. 183,
    provided for an assistant to sign land patents. See section 15 of
    this title.

-End-

-CITE-
    43 USC Sec. 10                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 10. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 632, 645

-MISC1-
      Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923,
    ch. 42, 42 Stat. 1177, related to depositary acting for
    commissioner as receiver of public moneys.

-End-

-CITE-
    43 USC Sec. 11                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 11. Restriction on officers, clerks, and employees

-STATUTE-
      The officers, clerks, and employees in the Bureau of Land
    Management are prohibited from directly or indirectly purchasing or
    becoming interested in the purchase of any of the public land; and
    any person who violates this section shall forthwith be removed
    from his office.

-SOURCE-
    (R.S. Sec. 452; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 452 derived from acts Apr. 25, 1812, ch. 68, Sec. 10, 2
    Stat. 717; July 4, 1836, ch. 352, Sec. 14, 5 Stat. 112.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
    set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 12                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 12. Seal, books, and records

-STATUTE-
      The Secretary of the Interior or such officer as he may designate
    shall retain the charge of the seal adopted for the Bureau of Land
    Management which may continue to be used, and of the records,
    books, papers, and other property appertaining to the Bureau of
    Land Management.

-SOURCE-
    (R.S. Sec. 454; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 454 derived from act Apr. 25, 1812, ch. 68, Secs. 4, 5,
    2 Stat. 717.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
    set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 13                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 13. Original papers on file as evidence

-STATUTE-
      Whenever the officer, as the Secretary of the Interior may
    designate, of any United States land office shall be served with a
    subpoena duces tecum or other valid legal process requiring him to
    produce, in any United States court or in any court of record of
    any State, the original application for entry of public lands or
    the final proof of residence and cultivation or any other original
    papers on file in the Bureau of Land Management of the United
    States on which a patent to land has been issued or which furnish
    the basis for such patent, it shall be the duty of such officer to
    at once notify the Secretary of the Interior, or such officer as he
    may designate, of the service of such process, specifying the
    particular papers he is required to produce, and upon receipt of
    such notice from any such officer of a United States land office
    the Secretary or such officer designated by him shall at once
    transmit to the officer of such land office the original papers
    specified in such notice, and which such officer is required to
    produce, and to attach to such papers a certificate, under seal of
    his office, properly authenticating them as the original papers
    upon which patent was issued; and such papers so authenticated
    shall be received in evidence in all courts of the United States
    and in the several State courts of the States of the Union:
    Provided, That the Secretary of the Interior shall make rules and
    regulations to secure the return of such documents to the Bureau of
    Land Management, after use in evidence, without cost to the United
    States.

-SOURCE-
    (Apr. 19, 1904, ch. 1398, 33 Stat. 186; 1946 Reorg. Plan No. 3,
    Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      References to Commissioner of General Land Office and registers
    of United States Land Offices changed to Secretary of the Interior
    or such officer as he may designate and "Bureau of Land Management"
    substituted for "General Land Office" on authority of section 403
    of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
    this title.

-End-

-CITE-
    43 USC Sec. 14                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 14. Returns relative to lands

-STATUTE-
      All returns relative to the public lands shall be made to the
    Secretary of the Interior or such officer as he may designate.

-SOURCE-
    (R.S. Sec. 456; July 31, 1894, ch. 174, Sec. 7, 28 Stat. 207; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 456 derived from act Apr. 25, 1812, ch. 68, Sec. 9, 2
    Stat. 717.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 15                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 15. Issuance and signing of patents by Secretary of the
      Interior; delegation of authority; notice

-STATUTE-
      All patents for public lands shall be issued and signed by the
    Secretary of the Interior in the name of the United States:
    Provided, That the Secretary may delegate his authority under this
    section to officers or employees of the Department of the Interior,
    but notice of any such delegation shall be given by publication in
    the Federal Register.

-SOURCE-
    (June 17, 1948, ch. 496, Sec. 1, 62 Stat. 476.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 15, R.S. Sec. 458; 1940 Reorg. Plan No. III, Sec.
    4 eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
    related to issuance of patents, prior to repeal by section 2(c) of
    act June 17, 1948.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 16                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 16. Engrossing and recording patents

-STATUTE-
      The engrossing and recording of patents for public lands may be
    done by means of typewriters or other machines, under regulations
    to be made by the Secretary of the Interior and approved by the
    President.

-SOURCE-
    (Mar. 2, 1895, ch. 177, Sec. 3, 28 Stat. 807.)

-End-

-CITE-
    43 USC Sec. 17                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 17. Plats of land surveyed

-STATUTE-
      The Secretary of of the Interior or such officer as he may
    designate shall, when required by the President or either House of
    Congress, make a plat of any land surveyed under the authority of
    the United States, and give such information respecting the public
    lands and concerning the business of the Bureau of Land Management
    as shall be directed.

-SOURCE-
    (R.S. Sec. 455; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 455 derived from act Apr. 25, 1812, ch. 68, Sec. 6, 2
    Stat. 717.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" and
    "Bureau of Land Management" for "his office" on authority of
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.

-End-

-CITE-
    43 USC Sec. 18                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 18. Copies of papers filed

-STATUTE-
      Whenever any person claiming to be interested in or entitled to
    land, under any grant or patent from the United States, applies to
    the Department of the Interior for copies of papers filed and
    remaining therein, in anywise affecting the title to such land, it
    shall be the duty of the Secretary of the Interior to cause such
    copies to be made out and authenticated, under his hand and the
    seal of the Bureau of Land Management, for the person so applying.

-SOURCE-
    (R.S. Sec. 460; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 460 derived from acts Jan. 23, 1823, ch. 6, 3 Stat.
    721; July 4, 1836, ch. 352, Sec. 7, 5 Stat. 111.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
    set out under section 1 of this title.

-End-

-CITE-
    43 USC Secs. 19 to 21                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Secs. 19 to 21. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1029

-MISC1-
      Section 19, R.S. Sec. 2469, related to certified copies of
    records of the General Land Office.
      Section 20, R.S. Sec. 2470, related to exemplification of the
    records of the General Land Office as evidence.
      Section 21, R.S. Sec. 461; acts Apr. 2, 1888, ch. 54, 25 Stat.
    76; Oct. 12, 1888, ch. 1098, 25 Stat. 557; May 29, 1908, ch. 220,
    Sec. 15, 35 Stat. 469; June 5, 1920, ch. 235, Sec. 1, 41 Stat. 908,
    related to fees for exemplifications.
      For Department of the Interior record provisions and Government
    records and papers, see section 1460 et seq. of this title, and
    section 1733 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-
    43 USC Sec. 22                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 22. Repealed. July 30, 1947, ch. 354, Sec. 2, 61 Stat. 522

-MISC1-
      Section, act June 5, 1920, ch. 235, 41 Stat. 908, related to cost
    of photolithographic copies of plats. See section 1460 of this
    title.

-End-

-CITE-
    43 USC Sec. 23                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 23. Repealed. Pub. L. 86-649, title II, Sec. 202(b), July 14,
      1960, 74 Stat. 507

-MISC1-
      Section, act Feb. 14, 1931, ch. 187, 46 Stat. 1118, prescribed
    fees for depositions in hearings in Bureau of Land Management. See
    section 1371 of this title. Similar provisions were contained in
    the following prior appropriation acts:
      Mar. 3, 1925, ch. 462, 43 Stat. 1145.
      June 5, 1924, ch. 264, 43 Stat. 395.
      Jan. 24, 1923, ch. 42, 42 Stat. 1179.
      May 24, 1922, ch. 199, 42 Stat. 558.
      Mar. 3, 1915, ch. 75, 38 Stat. 855.

-End-

-CITE-
    43 USC Sec. 24                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Sec. 24. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 632, 646, 647

-MISC1-
      Section, acts May 10, 1926, ch. 277, 44 Stat. 456; Jan 12, 1927,
    ch. 27, 44 Stat. 938; 1946 Reorg. Plan No. 3, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized payment of
    mileage for automobile travel.

-End-

-CITE-
    43 USC Secs. 25 to 25b                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 1 - BUREAU OF LAND MANAGEMENT

-HEAD-
    Secs. 25 to 25b. Repealed. Oct. 25, 1951, ch. 562, Sec. 1(25), 65
      Stat. 639

-MISC1-
      Section 25, act May 28, 1926, ch. 415, Sec. 1, 44 Stat. 672,
    related to transfer of records of United States land office to any
    State upon closing of last United States land office in that State.
      Section 25a, act May 28, 1926, ch. 415, Sec. 2, 44 Stat. 673,
    related to transfer of field notes and maps of United States land
    office to any State upon closing of last United States land office
    in that State.
      Section 25b, act May 28, 1926, ch. 415, Sec. 3, 44 Stat. 673,
    related to requirement that State provide by law for preservation
    and access of records, field notes, and maps.
      See section 3301 et seq. of Title 44, Public Printing and
    Documents.

-End-

-CITE-
    43 USC CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
                CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY            

-MISC1-
    Sec.                                                     
    31.         Director of United States Geological Survey.          
                  (a)  Establishment of office; appointment and
                        duties; examination of geological structure,
                        mineral resources, and products of national
                        domain; prohibitions in respect to lands and
                        surveys.                                      
                  (b)  Examination of geological structure, mineral
                        resources, and products outside national
                        domain.                                       
    31a.        Findings and purpose.                                 
                  (a)  Findings.                                      
                  (b)  Purpose.                                       
    31b.        Definitions.                                          
    31c.        Geologic mapping program.                             
                  (a)  Establishment.                                 
                  (b)  Responsibilities of the Survey.                
                  (c)  Program objectives.                            
                  (d)  Program components.                            
    31d.        Advisory committee.                                   
                  (a)  Establishment.                                 
                  (b)  Duties.                                        
    31e.        Geologic mapping program 5-year plan.                 
                  (a)  In general.                                    
                  (b)  Requirements.                                  
    31f.        National geologic map database.                       
                  (a)  Establishment.                                 
                  (b)  Standardization.                               
    31g.        Biennial report.                                      
    31h.        Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Allocation of appropriations.                  
    31i.        Report on resource research activities.               
    31j.        Biological research activity of Survey; review and
                 report by National Academy of Sciences.              
    32.         Acting Director.                                      
    33.         Repealed.                                             
    34.         Scientific employees.                                 
    35.         Repealed.                                             
    36.         Purchase of books.                                    
    36a.        Acquisition of scientific or technical books, maps,
                 etc., for library.                                   
    36b.        Acquisition of lands or interests therein for use in
                 gaging streams or underground water resources.       
    36c.        Acceptance of contributions from public and private
                 sources; cooperation with other agencies in
                 prosecution of projects.                             
    36d.        Cooperative agreements.                               
    37.         Omitted.                                              
    38.         Topographic surveys; marking elevations.              
    39, 40.     Omitted.                                              
    41.         Publications and reports; preparation and sale.       
    42.         Distribution of maps and atlases, etc.                
    42a.        Use of receipts from sale of maps for map printing and
                 distribution.                                        
    43.         Copies to Senators, Representatives, and Delegates.   
    44.         Sale of transfers or copies of data.                  
    45.         Production and sale of copies of photographs and
                 records; disposition of receipts.                    
    46 to 48.   Omitted or Repealed.                                  
    49.         Extension of cooperative work to Puerto Rico.         
    50.         Survey's share of cost of topographic mapping or water
                 resources investigations carried on with States.     
    50-1.       Funds for mappings and investigations considered
                 intragovernmental funds.                             
    50a.        Working capital fund for United States Geological
                 Survey.                                              
    50b.        Recording of obligations against accounts receivable
                 and crediting of amounts received; work involving
                 cooperation with State, Territory, etc.              
    50c.        Payment of costs incidental to utilization of services
                 of volunteers.                                       
    50d.        Services of students or recent graduates.             

-End-

-CITE-
    43 USC Sec. 31                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31. Director of United States Geological Survey

-STATUTE-
    (a) Establishment of office; appointment and duties; examination of
      geological structure, mineral resources, and products of national
      domain; prohibitions in respect to lands and surveys
      The Director of the United States Geological Survey, which office
    is established, under the Interior Department, shall be appointed
    by the President by and with the advice and consent of the Senate.
    This officer shall have the direction of the United States
    Geological Survey, and the classification of the public lands and
    examination of the geological structure, mineral resources, and
    products of the national domain. The Director and members of the
    United States Geological Survey shall have no personal or private
    interests in the lands or mineral wealth of the region under
    survey, and shall execute no surveys or examinations for private
    parties or corporations.
    (b) Examination of geological structure, mineral resources, and
      products outside national domain
      The authority of the Secretary of the Interior, exercised through
    the United States Geological Survey of the Department of the
    Interior, to examine the geological structure, mineral resources,
    and products of the national domain, is expanded to authorize such
    examinations outside the national domain where determined by the
    Secretary to be in the national interest.

-SOURCE-
    (Mar. 3, 1879, ch. 182, 20 Stat. 394; Pub. L. 87-626, Secs. 1, 2,
    Sept. 5, 1962, 76 Stat. 427; Pub. L. 93-608, Sec. 2(6), Jan. 2,
    1975, 88 Stat. 1971; Pub. L. 102-154, title I, Nov. 13, 1991, 105
    Stat. 1000; Pub. L. 104-66, title I, Sec. 1081(e), Dec. 21, 1995,
    109 Stat. 721.)

-COD-
                               CODIFICATION                           
      Subsec. (a) of this section is from act Mar. 3, 1879. Subsecs.
    (b) and (c) of this section are sections 1 and 2, respectively, of
    Pub. L. 87-626.
      Provisions of subsec. (a) of this section which limited the
    salary of the Director of the Geological Survey to $6,000 a year
    were omitted as obsolete. See section 5316 of Title 5, Government
    Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (c). Pub. L. 104-66 struck out subsec. (c) which
    read as follows: "The Secretary of the Interior shall report to the
    Speaker of the House of Representatives and the President of the
    Senate on January 31 of each year on all actions taken pursuant to
    subsection (b) of this section during the year ending on the
    December 31 immediately preceding the reporting date and on the
    results of such actions."
      1975 - Subsec. (c). Pub. L. 93-608 substituted requirement of an
    annual report for requirement of a semiannual report.

-CHANGE-
                              CHANGE OF NAME                          
      Pub. L. 102-285, Sec. 10(a), May 18, 1992, 106 Stat. 171,
    provided that: "The Geological Survey established by the Act of
    March 3, 1879 (43 U.S.C. 31(a)), is designated as and shall
    hereafter [on and after May 18, 1992] be known as the United States
    Geological Survey."
      "United States Geological Survey" substituted for "Geological
    Survey" in subsecs. (a) and (b) pursuant to provision of title I of
    Pub. L. 102-154, which provided: "That the Geological Survey (43
    U.S.C. 31(a)) shall hereafter [on and after Nov. 13, 1991] be
    designated the United States Geological Survey."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-MISC2-
              CONTINENTAL SCIENTIFIC DRILLING AND EXPLORATION          
      Pub. L. 100-441, Sept. 22, 1988, 102 Stat. 1760, provided: "That
    this Act may be cited as the 'Continental Scientific Drilling and
    Exploration Act'.

      "SEC. 2. PURPOSES.
      "The purpose of this Act is to - 
        "(1) implement section 323 of the joint resolution entitled
      'Joint Resolution making continuing appropriations for the fiscal
      year 1985, and for other purposes', approved October 12, 1984
      (Public Law 98-473; 98 Stat. 1875) [set out below] which supports
      and encourages the development of a national Continental
      Scientific Drilling Program;
        "(2) enhance fundamental understanding of the composition,
      structure, dynamics, and evolution of the continental crust, and
      how such processes affect natural phenomena such as earthquakes,
      volcanic eruptions, transfer of geothermal energy, distribution
      of mineral deposits, the occurrence of fossil fuels, and the
      nature and extent of aquifers;
        "(3) advance basic earth sciences research and technological
      development;
        "(4) obtain critical data regarding the earth's crust relating
      to isolation of hazardous wastes; and
        "(5) develop a long-range plan for implementation of the
      Continental Scientific Drilling Program.

      "SEC. 3. FINDINGS.
      "Congress finds that - 
        "(1) because the earth provides energy, minerals, and water,
      and is used as a storage medium for municipal, chemical, and
      nuclear waste, an understanding of the processes and structures
      in the earth's crust is essential to the well being of the United
      States;
        "(2) there is a need for developing long-range plans for a
      United States Continental Scientific Drilling Program; and
        "(3) the Continental Scientific Drilling Program would enhance -
       
          "(A) understanding of the crustal evolution of the earth and
        the mountain building processes;
          "(B) understanding of the mechanisms of earthquakes and
        volcanic eruptions and the development of improved techniques
        for prediction;
          "(C) understanding of the development and utilization of
        geothermal and other energy sources and the formation of and
        occurrence of mineral deposits;
          "(D) understanding of the migration of fluids in the earth's
        crust for evaluation of waste contamination and the development
        of more effective techniques for the safe subsurface disposal
        of hazardous wastes;
          "(E) understanding and definition of the size, source, and
        more effective use of aquifers and other water resources; and
          "(F) evaluation and verification of surface geophysical
        techniques needed for exploring and monitoring the earth's
        crust.

      "SEC. 4. IMPLEMENTATION OF CONTINENTAL SCIENTIFIC DRILLING
        PROGRAM.
      "The Secretary of the Department of Energy, the Secretary of the
    Department of the Interior through the United States Geological
    Survey, and the Director of the National Science Foundation shall
    implement the policies of section 323 of the joint resolution
    entitled 'Joint Resolution making continuing appropriations for the
    fiscal year 1985, and for other purposes', approved October 12,
    1984 (Public Law 98-473; 98 Stat. 1875) [set out below] by - 
        "(1) taking such action as necessary to assure an effective,
      cooperative effort in furtherance of the Continental Scientific
      Drilling Program of the United States;
        "(2) taking all reasonable administrative and financial
      measures to assure that the Interagency Accord on Continental
      Scientific Drilling continues to function effectively in support
      of such program;
        "(3) assuring the continuing effective operation of the
      Interagency Coordinating Group to further the objectives of such
      program;
        "(4) taking such action to assure that the Interagency
      Coordinating Group receives appropriate cooperation from any
      Federal agency that can contribute to the objectives of such
      program, without adversely affecting any program or activity of
      such agency;
        "(5) acting through the Interagency Coordinating Group,
      preparing and submitting to the Congress, within one hundred and
      eighty days after the enactment of this Act [Sept. 22, 1988] a
      report describing - 
          "(A) long and short-term policy objectives and goals of the
        United States Continental Scientific Drilling Program;
          "(B) projected schedules of desirable scientific and
        engineering events that would advance United States objectives
        in the Continental Scientific Drilling Program;
          "(C) the levels of resources and funding for fiscal year 1989
        that would be required by each participating Federal agency to
        carry out events pursuant to subparagraphs (A) and (B);
          "(D) the scientific, economic, technological, and social
        benefits expected to be realized through the implementation of
        such program at each level described in subparagraph (C);
          "(E) a recommended course for interaction with the
        international community in a cooperative effort to achieve the
        goals and purposes of this Act;
          "(F) the extent of participation or interest shown to date in
        the Continental Scientific Drilling Program by - 
            "(i) any other governmental agency;
            "(ii) any academic institution;
            "(iii) any organization in the private sector; and
            "(iv) any governmental or other entity in the international
          community;
          "(G) a plan to develop beneficial cooperative relationships
        among the entities mentioned in subparagraph (F), to the extent
        that the Interagency Coordinating Group deems practicable; and
          "(H) any other information or recommendations that the
        Interagency Coordinating Group deems appropriate; and
        "(6) submitting to the Congress annually, beginning one year
      after the submission of a report under paragraph (5), a report
      describing the levels of resources and funding that would be
      required by each participating Federal agency for the next fiscal
      year to carry out events pursuant to paragraph (5)(A) and (B)."
      [For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under section 4(6) of Pub. L. 100-441, set
    out above, is listed as the 10th item on page 149), see section
    3003 of Pub. L. 104-66, as amended, and section 1(a)(4) [div. A,
    Sec. 1402(1)] of Pub. L. 106-554, set out as notes under section
    1113 of Title 31, Money and Finance.]
      Pub. L. 98-473, title I, Sec. 101(c) [title III, Sec. 323], Oct.
    12, 1984, 98 Stat. 1837, 1875, provided that: "It is the sense of
    the Congress that the Continental Scientific Drilling Program is an
    important national scientific endeavor, benefiting the commerce of
    the Nation, which should be vigorously pursued by Government and
    the private sector. The Continental Scientific Drilling Program is
    an important national scientific endeavor that is vital to the
    understanding of the geologic evolution of the Earth and the
    economic value of its resources; the most effective and efficient
    means of realizing the fullest potential in the Continental
    Scientific Drilling Program is through a cooperative effort by the
    Department of Energy, the National Science Foundation, and the
    United States Geological Survey; many important commercial and
    scientific advances may result from the Continental Scientific
    Drilling Program; and many foreign nations are engaged in a
    comparable deep drilling program, and cooperation and coordination
    would be beneficial to United States efforts. It is the sense of
    the Congress that - 
        "(1) the Continental Scientific Drilling Program is an
      important national scientific endeavor by the United States which
      should be enthusiastically implemented through a joint
      cooperative effort among the United States Department of Energy,
      the National Science Foundation, and the United States Geological
      Survey;
        "(2) the private sector should be encouraged to support the
      Continental Scientific Drilling Program and the participating
      agencies should solicit appropriate private sector participation
      in such program; and
        "(3) the United States Government should cooperate to the
      extent practicable with the international community in developing
      this important scientific and technical activity."

-End-

-CITE-
    43 USC Sec. 31a                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31a. Findings and purpose

-STATUTE-
    (a) Findings
      The Congress finds and declares that - 
        (1) during the past 2 decades, the production of geologic maps
      has been drastically curtailed;
        (2) geologic maps are the primary data base for virtually all
      applied and basic earth-science investigations, including - 
          (A) exploration for and development of mineral, energy, and
        water resources;
          (B) screening and characterizing sites for toxic and nuclear
        waste disposal;
          (C) land use evaluation and planning for environmental
        protection;
          (D) earthquake hazards reduction;
          (E) predicting volcanic hazards;
          (F) design and construction of infrastructure requirements
        such as utility lifelines, transportation corridors, and
        surface-water impoundments;
          (G) reducing losses from landslides and other ground
        failures;
          (H) mitigating effects of coastal and stream erosion;
          (I) siting of critical facilities; and
          (J) basic earth-science research;

        (3) Federal agencies, State and local governments, private
      industry, and the general public depend on the information
      provided by geologic maps to determine the extent of potential
      environmental damage before embarking on projects that could lead
      to preventable, costly environmental problems or litigation;
        (4) the combined capabilities of State, Federal, and academic
      groups to provide geologic mapping are not sufficient to meet the
      present and future needs of the United States for national
      security, environmental protection, and energy self-sufficiency
      of the Nation;
        (5) States are willing to contribute 50 percent of the funding
      necessary to complete the mapping of the geology within the
      State;
        (6) the lack of proper geologic maps has led to the poor design
      of such structures as dams and waste-disposal facilities;
        (7) geologic maps have proven indispensable in the search for
      needed fossil-fuel and mineral resources;
        (8) geologic map information is required for the sustainable
      and balanced development of natural resources of all types,
      including energy, minerals, land, water, and biological
      resources;
        (9) advances in digital technology and geographical information
      system science have made geologic map databases increasingly
      important as decision support tools for land and resource
      management; and
        (10) a comprehensive nationwide program of geologic mapping of
      surficial and bedrock deposits is required in order to
      systematically build the Nation's geologic-map data base at a
      pace that responds to increasing demand.
    (b) Purpose
      The purpose of sections 31a to 31h of this title is to expedite
    the production of a geologic-map data base for the Nation, to be
    located within the United States Geological Survey, which can be
    applied to land-use management, assessment, and utilization,
    conservation of natural resources, groundwater management, and
    environmental protection.

-SOURCE-
    (Pub. L. 102-285, Sec. 2, May 18, 1992, 106 Stat. 166; Pub. L. 106-
    148, Sec. 2, Dec. 9, 1999, 113 Stat. 1719.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 31a to 31h of this title, referred to in subsec. (b),
    was in the original "this Act", meaning Pub. L. 102-285, which is
    classified principally to sections 31a to 31h of this title. For
    complete classification of this Act to the Code, see Short Title
    note below and Tables.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a)(8) to (10). Pub. L. 106-148 added pars. (8)
    and (9) and redesignated former par. (8) as (10) and inserted "of
    surficial and bedrock deposits" after "geologic mapping".

                       SHORT TITLE OF 1999 AMENDMENT                   
      Pub. L. 106-148, Sec. 1, Dec. 9, 1999, 113 Stat. 1719, provided
    that: "This Act [enacting sections 31e, 31g and 31h of this title,
    amending sections 31a to 31d and 31f of this title, and repealing
    former sections 31e, 31g, and 31h of this title] may be cited as
    the 'National Geologic Mapping Reauthorization Act of 1999'."

                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-36, Sec. 1, Aug. 5, 1997, 111 Stat. 1107, provided
    that: "This Act [amending sections 31b to 31h of this title and
    enacting provisions set out as a note under this section] may be
    cited as the 'National Geologic Mapping Reauthorization Act of
    1997'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 102-285 provided that: "This Act [enacting
    this section and sections 31b to 31h of this title, amending
    sections 1457, 1457a, and 1782 of this title, sections 450ii-3,
    665, 1133, and 3151 of Title 16, Conservation, section 262k of
    Title 22, Foreign Relations and Intercourse, section 1677 of Title
    25, Indians, sections 1, 1a, 2, 3, 4, 4c, 4d, 5, 6, 7, 8, 411, 412,
    804, 812, 871, 878, 1224, 1229, 1232, 1311, 1315, and 1604 of Title
    30, Mineral Lands and Mining, and sections 5814 and 6505 of Title
    42, The Public Health and Welfare, enacting provisions set out as
    notes under section 31 of this title and section 1 of Title 30, and
    amending provisions set out as a note under section 1231 of Title
    30] may be cited as the 'National Geologic Mapping Act of 1992'."

                                 FINDINGS                             
      Pub. L. 105-36, Sec. 2, Aug. 5, 1997, 111 Stat. 1107, provided
    that: "Congress finds that - 
        "(1) in enacting the National Geologic Mapping Act of 1992 (43
      U.S.C. 31a et seq.), Congress found, among other things, that - 
          "(A) during the 2 decades preceding enactment of that Act,
        the production of geologic maps had been drastically curtailed;
          "(B) geologic maps are the primary data base for virtually
        all applied and basic earth-science investigations;
          "(C) Federal agencies, State and local governments, private
        industry, and the general public depend on the information
        provided by geologic maps to determine the extent of potential
        environmental damage before embarking on projects that could
        lead to preventable, costly environmental problems or
        litigation;
          "(D) the lack of proper geologic maps has led to the poor
        design of such structures as dams and waste-disposal
        facilities;
          "(E) geologic maps have proven indispensable in the search
        for needed fossil fuel and mineral resources; and
          "(F) a comprehensive nationwide program of geologic mapping
        is required in order to systematically build the Nation's
        geologic-map data base at a pace that responds to increasing
        demand;
        "(2) the geologic mapping program called for by that Act has
      not been fully implemented; and
        "(3) it is time for this important program to be fully
      implemented."

-End-

-CITE-
    43 USC Sec. 31b                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31b. Definitions

-STATUTE-
      In sections 31a to 31h of this title:
      (1) Advisory committee
        The term "advisory committee" means the advisory committee
      established under section 31d of this title.
      (2) Association
        The term "Association" means the Association of American State
      Geologists.
      (3) Director
        The term "Director" means the Director of the United States
      Geological Survey.
      (4) Education component
        The term "education component" means the education component of
      the geologic mapping program described in section 31e(d)(3) (!1)
      of this title.

      (5) Federal component
        The term "Federal component" means the Federal component of the
      geologic mapping program described in section 31e(d)(1) (!2) of
      this title.

      (6) Geologic mapping program
        The term "geologic mapping program" means the National
      Cooperative Geologic Mapping Program established by section
      31c(a) of this title.
      (7) Secretary
        The term "Secretary" means the Secretary of the Interior.
      (8) State
        The term "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, the Commonwealth of the Northern
      Mariana Islands, American Samoa, Guam, and the Virgin Islands.
      (9) State component
        The term "State component" means the State component of the
      geologic mapping program described in section 31e(d)(2) (!3) of
      this title.

      (10) Survey
        The term "Survey" means the United States Geological Survey.

-SOURCE-
    (Pub. L. 102-285, Sec. 3, May 18, 1992, 106 Stat. 167; Pub. L. 105-
    36, Sec. 3(a), Aug. 5, 1997, 111 Stat. 1107; Pub. L. 106-148, Sec.
    3, Dec. 9, 1999, 113 Stat. 1719.)

-MISC1-
                                AMENDMENTS                            
      1999 - Pars. (4) to (10). Pub. L. 106-148 added pars. (4), (5),
    and (9) and redesignated former pars. (4), (5), (6), and (7) as
    (6), (7), (8), and (10), respectively.
      1997 - Pub. L. 105-36, Sec. 3(a)(1), substituted "In sections 31a
    to 31h of this title:" for "As used in sections 31a to 31h of this
    title:" in introductory provisions.
      Par. (1). Pub. L. 105-36, Sec. 3(a)(5), inserted heading.
      Par. (2). Pub. L. 105-36, Sec. 3(a)(2), (3), added par. (2).
    Former par. (2) redesignated (3).
      Pars. (3) to (5). Pub. L. 105-36, Sec. 3(a)(2), (5), redesignated
    pars. (2) to (4) as (3) to (5), respectively, and inserted
    headings. Par. (5) redesignated (7).
      Par. (6). Pub. L. 105-36, Sec. 3(a)(4), added par. (6).
      Par. (7). Pub. L. 105-36, Sec. 3(a)(2), (5), redesignated par.
    (5) as (7) and inserted heading.

-FOOTNOTE-
    (!1) So in original. Probably should be section "31c(d)(3)".

    (!2) So in original. Probably should be section "31c(d)(1)".

    (!3) So in original. Probably should be section "31c(d)(2)".

-End-

-CITE-
    43 USC Sec. 31c                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31c. Geologic mapping program

-STATUTE-
    (a) Establishment
      (1) In general
        There is established a national cooperative geologic mapping
      program between the United States Geological Survey and the State
      geological surveys, acting through the Association.
      (2) Design, development, and administration
        The cooperative geologic mapping program shall be - 
          (A) designed and administered to achieve the objectives set
        forth in subsection (c) of this section;
          (B) developed in consultation with the advisory committee;
        and
          (C) administered through the Survey.
    (b) Responsibilities of the Survey
      (1) Lead agency
        The Survey shall be the lead Federal agency responsible for
      planning, developing national priorities and standards for,
      coordinating, and managing the geologic mapping program. In
      carrying out this paragraph, the Secretary, acting through the
      Director, shall - 
          (A) develop a 5-year strategic plan for the geologic mapping
        program in accordance with section 31e of this title, which
        plan shall be submitted to the Committee on Resources of the
        House of Representatives and the Committee on Energy and
        Natural Resources of the Senate not later than 1 year after
        December 9, 1999;
          (B) appoint, with the advice and consultation of the
        Association, the advisory committee not later than 1 year after
        December 9, 1999, in accordance with section 31d of this title;
        and
          (C) not later than 3 years after December 9, 1999, and
        biennially thereafter, submit a report to the Committee on
        Energy and Natural Resources of the United States Senate and to
        the Committee on Resources of the House of Representatives
        identifying - 
            (i) how the Survey and the Association are coordinating the
          development and implementation of the geologic mapping
          program;
            (ii) how the Survey and the Association establish goals,
          mapping priorities, and target dates for implementation of
          the geologic mapping program; and
            (iii) how long-term staffing plans for the various
          components of the geologic mapping program affect successful
          implementation of the geologic mapping program.
      (2) Responsibilities of the Secretary
        In addition to paragraph (1), the Secretary, acting through the
      Director, shall be responsible for developing, as soon as
      practicable - 
          (A) in cooperation with the Association, other Federal and
        State agencies, public and private sector organizations and
        academia, the geologic-map data base; and
          (B) maps and mapping techniques which achieve the objectives
        specified in subsection (c) of this section.
    (c) Program objectives
      The objectives of the geologic mapping program shall include - 
        (1) determining the Nation's geologic framework through
      systematic development of geologic maps at scales appropriate to
      the geologic setting and the perceived applications, such maps to
      be contributed to the national geologic map data base;
        (2) development of a complementary national geophysical-map
      data base, geochemical-map data base, and a geochronologic and
      paleontologic data base that provide value-added descriptive and
      interpretative information to the geologic-map data base;
        (3) application of cost-effective mapping techniques that
      assemble, produce, translate and disseminate geologic-map
      information and that render such information of greater
      application and benefit to the public; and
        (4) development of public awareness of the role and application
      of geologic-map information to the resolution of national issues
      of land use management.
    (d) Program components
      (1) Federal component
        (A) In general
          The geologic mapping program shall include a Federal geologic
        mapping component, the objective of which shall be to determine
        the geologic framework of areas determined to be vital to the
        economic, social, environmental, or scientific welfare of the
        United States.
        (B) Mapping priorities
          For the Federal component, mapping priorities - 
            (i) shall be described in the 5-year plan under section 31e
          of this title; and
            (ii) shall be based on - 
              (I) national requirements for geologic map information in
            areas of multiple-issue need or areas of compelling single-
            issue need; and
              (II) national requirements for geologic map information
            in areas where mapping is required to solve critical earth
            science problems.
        (C) Interdisciplinary studies
          (i) In general
            The Federal component shall include interdisciplinary
          studies that add value to geologic mapping.
          (ii) Representative categories
            Interdisciplinary studies under clause (i) may include - 
              (I) establishment of a national geologic map database
            under section 31f of this title;
              (II) studies that lead to the implementation of cost-
            effective digital methods for the acquisition,
            compilation, analysis, cartographic production, and
            dissemination of geologic map information;
              (III) paleontologic, geochrono-logic, and isotopic
            investigations that provide information critical to
            understanding the age and history of geologic map units;
              (IV) geophysical investigations that assist in
            delineating and mapping the physical characteristics and 3-
            dimensional distribution of geologic materials and
            geologic structures; and
              (V) geochemical investigations and analytical operations
            that characterize the composition of geologic map units.
          (iii) Use of results
            The results of investigations under clause (ii) shall be
          contributed to national databases.
      (2) State component
        (A) In general
          The geologic mapping program shall include a State geologic
        mapping component, the objective of which shall be to establish
        the geologic framework of areas determined to be vital to the
        economic, social, environmental, or scientific welfare of
        individual States.
        (B) Mapping priorities
          For the State component, mapping priorities - 
            (i) shall be determined by State panels representing a
          broad range of users of geologic maps; and
            (ii) shall be based on - 
              (I) State requirements for geologic map information in
            areas of multiple-issue need or areas of compelling single-
            issue need; and
              (II) State requirements for geologic map information in
            areas where mapping is required to solve critical earth
            science problems.
        (C) Integration of Federal and State priorities
          A national panel including representatives of the Survey
        shall integrate the State mapping priorities under this
        paragraph with the Federal mapping priorities under paragraph
        (1).
        (D) Use of funds
          The Survey and recipients of grants under the State component
        shall not use more than 15.25 percent of the Federal funds made
        available under the State component for any fiscal year to pay
        indirect, servicing, or program management charges.
        (E) Federal share
          The Federal share of the cost of activities under the State
        component for any fiscal year shall not exceed 50 percent.
      (3) Education component
        (A) In general
          The geologic mapping program shall include a geologic mapping
        education component for the training of geologic mappers, the
        objectives of which shall be - 
            (i) to provide for broad education in geologic mapping and
          field analysis through support of field studies; and
            (ii) to develop academic programs that teach students of
          earth science the fundamental principles of geologic mapping
          and field analysis.
        (B) Investigations
          The education component may include the conduct of
        investigations, which - 
            (i) shall be integrated with the Federal component and the
          State component; and
            (ii) shall respond to mapping priorities identified for the
          Federal component and the State component.
        (C) Use of funds
          The Survey and recipients of grants under the education
        component shall not use more than 15.25 percent of the Federal
        funds made available under the education component for any
        fiscal year to pay indirect, servicing, or program management
        charges.
        (D) Federal share
          The Federal share of the cost of activities under the
        education component for any fiscal year shall not exceed 50
        percent.

-SOURCE-
    (Pub. L. 102-285, Sec. 4, May 18, 1992, 106 Stat. 167; Pub. L. 103-
    437, Sec. 16(a)(1), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 105-36,
    Sec. 3(b), Aug. 5, 1997, 111 Stat. 1108; Pub. L. 106-148, Sec. 4,
    Dec. 9, 1999, 113 Stat. 1720.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(1). Pub. L. 106-148, Sec. 4(1)(A), substituted
    "national priorities and standards for" for "priorities" in first
    sentence.
      Subsec. (b)(1)(A). Pub. L. 106-148, Sec. 4(1)(B), substituted
    "develop a 5-year strategic plan for the geologic mapping program"
    for "develop a geologic mapping program implementation plan" and
    "not later than 1 year after December 9, 1999" for "within 300 days
    after August 5, 1997".
      Subsec. (b)(1)(B). Pub. L. 106-148, Sec. 4(1)(C), substituted
    "not later than 1 year after December 9, 1999," for "within 90 days
    after August 5, 1997,".
      Subsec. (b)(1)(C). Pub. L. 106-148, Sec. 4(1)(D)(i), substituted
    "not later than 3 years after December 9, 1999, and biennially
    thereafter" for "within 210 days after August 5, 1997" in
    introductory provisions.
      Subsec. (b)(1)(C)(i). Pub. L. 106-148, Sec. 4(1)(D)(ii),
    substituted "are coordinating" for "will coordinate".
      Subsec. (b)(1)(C)(ii). Pub. L. 106-148, Sec. 4(1)(D)(iii),
    substituted "establish" for "will establish".
      Subsec. (b)(1)(C)(iii). Pub. L. 106-148, Sec. 4(1)(D)(iv),
    substituted "affect" for "will lead to".
      Subsec. (d). Pub. L. 106-148, Sec. 4(2), added subsec. (d) and
    struck out former subsec. (d) which set out the Federal, support,
    State, and education components of the geological mapping program.
      1997 - Subsec. (a). Pub. L. 105-36, Sec. 3(b)(1), added subsec.
    (a) and struck out heading and text of former subsec. (a). Text
    read as follows: "There is established in the United States
    Geological Survey a National Cooperative Geologic Mapping Program.
    The geologic mapping program shall be developed in consultation
    with the advisory committee and shall be designed and administered
    to achieve the objectives set forth in subsection (c) of this
    section."
      Subsec. (b). Pub. L. 105-36, Sec. 3(b)(2)(A), (D), substituted
    "the Survey" for "USGS" in heading and realigned text margins.
      Subsec. (b)(1). Pub. L. 105-36, Sec. 3(b)(2)(B)(i), (ii),
    inserted heading and realigned margins.
      Subsec. (b)(1)(A). Pub. L. 105-36, Sec. 3(b)(2)(B)(iii),
    substituted "Committee on Resources" for "Committee on Natural
    Resources" and "August 5, 1997" for "May 18, 1992".
      Subsec. (b)(1)(B). Pub. L. 105-36, Sec. 3(b)(2)(B)(iv),
    substituted "Association" for "State geological surveys" and
    "August 5, 1997" for "May 18, 1992".
      Subsec. (b)(1)(C). Pub. L. 105-36, Sec. 3(b)(2)(B)(v)(I), (II),
    in introductory provisions, substituted "August 5, 1997" for "May
    18, 1992" and "Committee on Resources" for "Committee on Natural
    Resources".
      Subsec. (b)(1)(C)(i). Pub. L. 105-36, Sec. 3(b)(2)(B)(v)(III),
    inserted "and the Association" after "the Survey".
      Subsec. (b)(1)(C)(ii). Pub. L. 105-36, Sec. 3(b)(2)(B)(v)(III),
    (IV), inserted "and the Association" after "the Survey" and "and"
    after semicolon at end.
      Subsec. (b)(1)(C)(iii), (iv). Pub. L. 105-36, Sec.
    3(b)(2)(B)(v)(V), substituted period for "; and" at end of cl.
    (iii) and struck out cl. (iv) which read as follows: "the degree to
    which geologic mapping activities traditionally funded by the
    Survey, including the use of commercially available aerial
    photography, geodesy, professional land surveying, photogrammetric
    mapping, cartography, photographic processing, and related
    services, can be contracted to professional private mapping firms."
      Subsec. (b)(2). Pub. L. 105-36, Sec. 3(b)(2)(C)(i), inserted
    heading.
      Subsec. (b)(2)(A). Pub. L. 105-36, Sec. 3(b)(2)(C)(ii),
    substituted "Association" for "State geological surveys".
      Subsec. (c)(2). Pub. L. 105-36, Sec. 3(b)(3)(A), substituted
    "interpretative information" for "interpretive information".
      Subsec. (c)(4). Pub. L. 105-36, Sec. 3(b)(3)(B), substituted
    "public awareness of" for "public awareness for".
      Subsec. (d)(1). Pub. L. 105-36, Sec. 3(b)(4)(A), inserted
    heading.
      Subsec. (d)(2). Pub. L. 105-36, Sec. 3(b)(4)(B)(i), inserted
    heading.
      Subsec. (d)(2)(D). Pub. L. 105-36, Sec. 3(b)(4)(B)(ii), added
    subpar. (D) and struck out former subpar. (D) which read as
    follows: "geochronologic and isotopic investigations that (i)
    provide radiometric age dates for geologic-map units and (ii)
    fingerprint the geothermometry, geobarometry, and alteration
    history of geologic-map units, which investigations shall be
    contributed to a national geochronologic data base;".
      Subsec. (d)(3). Pub. L. 105-36, Sec. 3(b)(4)(C), inserted
    heading.
      Subsec. (d)(4). Pub. L. 105-36, Sec. 3(b)(4)(D), added par. (4)
    and struck out former par. (4) which read as follows: "A geologic
    mapping education component, whose objective shall be - 
        "(A) to develop the academic programs that teach earth-science
      students the fundamental principles of geologic mapping and field
      analysis; and
        "(B) to provide for broad education in geologic mapping and
      field analysis through support of field teaching institutes.
    Investigations conducted under the geologic mapping education
    component shall be integrated with the other mapping components of
    the geologic mapping program, and shall respond to priorities
    identified for those components."
      1994 - Subsec. (b)(1)(A), (C). Pub. L. 103-437 substituted
    "Natural Resources" for "Interior and Insular Affairs" before "of
    the House".

-End-

-CITE-
    43 USC Sec. 31d                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31d. Advisory committee

-STATUTE-
    (a) Establishment
      (1) In general
        There shall be established a 10-member geologic mapping
      advisory committee to advise the Director on planning and
      implementation of the geologic mapping program.
      (2) Members ex officio
        Federal agency members shall include the Administrator of the
      Environmental Protection Agency or a designee, the Secretary of
      Energy or a designee, the Secretary of Agriculture or a designee,
      and the Assistant to the President for Science and Technology or
      a designee.
      (3) Appointed members
        Not later than 1 year after December 9, 1999, in consultation
      with the Association, the Secretary shall appoint to the advisory
      committee two representatives from the Survey (including the
      Chief Geologist, as Chairman), two representatives from the State
      geological surveys, one representative from academia, and one
      representative from the private sector.
    (b) Duties
      The advisory committee shall - 
        (1) review and update the 5-year plan prepared by the Director
      pursuant to section 31e of this title;
        (2) review the scientific progress of the geologic mapping
      program; and
        (3) submit an annual report to the Secretary that evaluates the
      progress of the Federal, State, and university mapping activities
      and evaluates the progress made toward fulfilling the purposes of
      sections 31c through 31f of this title.

-SOURCE-
    (Pub. L. 102-285, Sec. 5, May 18, 1992, 106 Stat. 169; Pub. L. 105-
    36, Sec. 3(c), Aug. 5, 1997, 111 Stat. 1110; Pub. L. 106-148, Sec.
    5, Dec. 9, 1999, 113 Stat. 1722.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a)(3). Pub. L. 106-148, Sec. 5(1), substituted "1
    year after December 9, 1999," for "90 days after August 5, 1997,".
      Subsec. (b)(1). Pub. L. 106-148, Sec. 5(2)(A), substituted
    "update the 5-year plan" for "critique the draft implementation
    plan".
      Subsec. (b)(3). Pub. L. 106-148, Sec. 5(2)(B), substituted
    "sections 31c through 31f of this title" for "sections 31a to 31h
    of this title".
      1997 - Subsec. (a). Pub. L. 105-36, Sec. 3(c)(1), added subsec.
    (a) and struck out heading and text of former subsec. (a). Text
    read as follows: "There shall be established a sixteen member
    geologic mapping advisory committee to advise the Director on
    planning and implementation of the geologic mapping program. The
    President shall appoint one representative each from the
    Environmental Protection Agency, the Department of Energy, the
    Department of Agriculture, and the Office of Science and Technology
    Policy. Within 90 days and with the advice and consultation of the
    State Geological Surveys, the Secretary shall appoint to the
    advisory committee 2 representatives from the Survey (including the
    Chief Geologist, as Chairman), 4 representatives from the State
    geological surveys, 3 representatives from academia, and 3
    representatives from the private sector."
      Subsec. (b)(3). Pub. L. 105-36, Sec. 3(c)(2), substituted
    "Federal, State, and university mapping activities" for "Federal
    and State mapping activities".

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by Congress, its duration is otherwise
    provided by law, see section 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    43 USC Sec. 31e                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31e. Geologic mapping program 5-year plan

-STATUTE-
    (a) In general
      The Secretary, acting through the Director, shall, with the
    advice and review of the advisory committee, prepare a 5-year plan
    for the geologic mapping program.
    (b) Requirements
      The 5-year plan shall identify - 
        (1) overall priorities for the geologic mapping program; and
        (2) implementation of the overall management structure and
      operation of the geologic mapping program, including - 
          (A) the role of the Survey in the capacity of overall
        management lead, including the responsibility for developing
        the national geologic mapping program that meets Federal needs
        while fostering State needs;
          (B) the responsibilities of the State geological surveys,
        with emphasis on mechanisms that incorporate the needs,
        missions, capabilities, and requirements of the State
        geological surveys, into the nationwide geologic mapping
        program;
          (C) mechanisms for identifying short- and long-term
        priorities for each component of the geologic mapping program,
        including - 
            (i) for the Federal component, a priority-setting mechanism
          that responds to - 
              (I) Federal mission requirements for geologic map
            information;
              (II) critical scientific problems that require geologic
            maps for their resolution; and
              (III) shared Federal and State needs for geologic maps,
            in which joint Federal-State geologic mapping projects are
            in the national interest;

            (ii) for the State component, a priority-setting mechanism
          that responds to - 
              (I) specific intrastate needs for geologic map
            information; and
              (II) interstate needs shared by adjacent States that have
            common requirements; and

            (iii) for the education component, a priority-setting
          mechanism that responds to requirements for geologic map
          information that are dictated by Federal and State mission
          requirements;

          (D) a mechanism for adopting scientific and technical mapping
        standards for preparing and publishing general- and special-
        purpose geologic maps to - 
            (i) ensure uniformity of cartographic and scientific
          conventions; and
            (ii) provide a basis for assessing the comparability and
          quality of map products; and

          (E) a mechanism for monitoring the inventory of published and
        current mapping investigations nationwide to facilitate
        planning and information exchange and to avoid redundancy.

-SOURCE-
    (Pub. L. 102-285, Sec. 6, as added Pub. L. 106-148, Sec. 6, Dec. 9,
    1999, 113 Stat. 1722.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 31e, Pub. L. 102-285, Sec. 6, May 18, 1992, 106
    Stat. 170; Pub. L. 105-36, Sec. 3(d), Aug. 5, 1997, 111 Stat. 1110,
    provided for the preparation of a geologic mapping program
    implementation plan, prior to repeal by Pub. L. 106-148, Sec. 6,
    Dec. 9, 1999, 113 Stat. 1722.

-End-

-CITE-
    43 USC Sec. 31f                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31f. National geologic map database

-STATUTE-
    (a) Establishment
      (1) In general
        The Survey shall establish a national geologic map database.
      (2) Function
        The database shall serve as a national catalog and archive,
      distributed through links to Federal and State geologic map
      holdings, that includes - 
          (A) all maps developed under the Federal component and the
        education component;
          (B) the databases developed in connection with investigations
        under subclauses (III), (IV), and (V) of section
        31c(d)(1)(C)(ii) of this title; and
          (C) other maps and data that the Survey and the Association
        consider appropriate.
    (b) Standardization
      (1) In general
        Geologic maps contributed to the national archives shall have
      format, symbols, and technical attributes that adhere to
      standards so that archival information can be accessed,
      exchanged, and compared efficiently and accurately, as required
      by Executive Order 12906 (59 Fed. Reg. 17,671 (1994)), which
      established the National Spatial Data Infrastructure.
      (2) Development of standards
        Entities that contribute geologic maps to the national archives
      shall develop the standards described in paragraph (1) in
      cooperation with the Federal Geographic Data Committee, which is
      charged with standards development and other data coordination
      activities as described in Office of Management and Budget
      revised Circular A-16.

-SOURCE-
    (Pub. L. 102-285, Sec. 7, May 18, 1992, 106 Stat. 171; Pub. L. 105-
    36, Sec. 3(e), Aug. 5, 1997, 111 Stat. 1110; Pub. L. 106-148, Sec.
    7, Dec. 9, 1999, 113 Stat. 1723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 12906, referred to in subsec. (b)(1), is set out
    as a note under section 1457 of this title.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-148 substituted "geologic map database" for
    "geologic-map data base" in section catchline, added subsec. (a),
    and struck out heading and text of former subsec. (a). Text read as
    follows: "The Survey shall establish a national geologic-map data
    base. Such data base shall be a national archive that includes all
    maps developed pursuant to sections 31a to 31h of this title, the
    data bases developed pursuant to the investigations under sections
    31c(d)(2)(C), (D), (E), and (F) of this title, and other maps and
    data as the Survey deems appropriate."
      1997 - Subsec. (b). Pub. L. 105-36 added subsec. (b) and struck
    out heading and text of former subsec. (b). Text read as follows:
    "Geologic maps contributed to the national archives should have
    standardized format, symbols, and technical attributes so that
    archival information can be assimilated, manipulated, accessed,
    exchanged, and compared efficiently and accurately."

-End-

-CITE-
    43 USC Sec. 31g                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31g. Biennial report

-STATUTE-
      Not later 3 (!1) years after December 9, 1999, and biennially
    thereafter, the Secretary shall submit to the Committee on
    Resources of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report that - 

        (1) describes the status of the national geologic mapping
      program;
        (2) describes and evaluates the progress achieved during the
      preceding 2 years in developing the national geologic map
      database; and
        (3) includes any recommendations that the Secretary may have
      for legislative or other action to achieve the purposes of
      sections 31c through 31f of this title.

-SOURCE-
    (Pub. L. 102-285, Sec. 8, as added Pub. L. 106-148, Sec. 8, Dec. 9,
    1999, 113 Stat. 1724.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 31g, Pub. L. 102-285, Sec. 8, May 18, 1992, 106
    Stat. 171; Pub. L. 103-437, Sec. 16(a)(1), Nov. 2, 1994, 108 Stat.
    4594; Pub. L. 105-36, Sec. 3(f), Aug. 5, 1997, 111 Stat. 1111; Pub.
    L. 105-362, title IX, Sec. 902(b), Nov. 10, 1998, 112 Stat. 3291,
    directed the Secretary to submit a biennial report to Congress
    describing the status of the nationwide geologic mapping program
    and evaluating the progress achieved during the preceding fiscal
    year in developing the national geologic-map data base, prior to
    repeal by Pub. L. 106-148, Sec. 8, Dec. 9, 1999, 113 Stat. 1724.

-FOOTNOTE-
    (!1) So in original. Probably should be preceded by "than".

-End-

-CITE-
    43 USC Sec. 31h                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31h. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated to carry out sections 31a
    to 31h of this title - 
        (1) $28,000,000 for fiscal year 1999;
        (2) $30,000,000 for fiscal year 2000;
        (3) $37,000,000 for fiscal year 2001;
        (4) $43,000,000 for fiscal year 2002;
        (5) $50,000,000 for fiscal year 2003;
        (6) $57,000,000 for fiscal year 2004; and
        (7) $64,000,000 for fiscal year 2005.
    (b) Allocation of appropriations
      Of any amounts appropriated for any fiscal year in excess of the
    amount appropriated for fiscal year 2000 - 
        (1) 48 percent shall be available for the State component; and
        (2) 2 percent shall be available for the education component.

-SOURCE-
    (Pub. L. 102-285, Sec. 9, as added Pub. L. 106-148, Sec. 9, Dec. 9,
    1999, 113 Stat. 1724.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 31h, Pub. L. 102-285, Sec. 9, May 18, 1992, 106
    Stat. 171; Pub. L. 105-36, Sec. 3(g), Aug. 5, 1997, 111 Stat. 1111,
    authorized appropriations for the national cooperative geologic
    mapping program, prior to repeal by Pub. L. 106-148, Sec. 9, Dec.
    9, 1999, 113 Stat. 1724.

-End-

-CITE-
    43 USC Sec. 31i                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31i. Report on resource research activities

-STATUTE-
      Once every five years the National Academy of Sciences shall
    review and report on the resource research activities of the
    Survey.

-SOURCE-
    (Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-165; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-End-

-CITE-
    43 USC Sec. 31j                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 31j. Biological research activity of Survey; review and report
      by National Academy of Sciences

-STATUTE-
      Beginning in fiscal year 1998 and once every five years
    thereafter, the National Academy of Sciences shall review and
    report on the biological research activity of the Survey.

-SOURCE-
    (Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30,
    1996, 110 Stat. 3009-181, 3009-189.)

-End-

-CITE-
    43 USC Sec. 32                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 32. Acting Director

-STATUTE-
      The Secretary of the Interior may authorize one of the geologists
    to act as Director of the United States Geological Survey in the
    absence of that officer.

-SOURCE-
    (July 31, 1894, ch. 174, Sec. 1, 28 Stat. 197; Pub. L. 102-154,
    title I, Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 33                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 33. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-
      Section, act June 16, 1880, ch. 235, 21 Stat. 274, authorized
    Secretary of War to detail officers of Ordnance Corps to serve with
    Geological Survey.

-End-

-CITE-
    43 USC Sec. 34                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 34. Scientific employees

-STATUTE-
      The scientific employees of the United States Geological Survey
    shall be selected by the Director, subject to the approval of the
    Secretary of the Interior exclusively for their qualifications as
    professional experts.

-SOURCE-
    (July 7, 1884, ch. 332, 23 Stat. 212; Pub. L. 102-154, title I,
    Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 35                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 35. Repealed. Pub. L. 87-304, Sec. 9(a)(2), Sept. 26, 1961, 75
      Stat. 664

-MISC1-
      Section, act June 30, 1906, ch. 3914, Sec. 1, 34 Stat. 727,
    authorized scientific and other employees of the United States
    Geological Survey employed in the field to make assignments of pay,
    and that they be reimbursed for expenses incurred in the discharge
    of duty in the field and paid from personal funds. See section 5525
    of Title 5, Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 36                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 36. Purchase of books

-STATUTE-
      The purchase of professional and scientific books and periodicals
    needed for statistical purposes by the scientific divisions of the
    United States Geological Survey is authorized to be made and paid
    for out of appropriations made for the said Survey.

-SOURCE-
    (June 28, 1902, ch. 1301, Sec. 1, 32 Stat. 455.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 36a                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 36a. Acquisition of scientific or technical books, maps, etc.,
      for library

-STATUTE-
      The Director of the United States Geological Survey, under the
    general supervision of the Secretary of the Interior, is authorized
    to acquire for the United States, by gift or devise, scientific or
    technical books, manuscripts, maps, and related materials, and to
    deposit the same in the library of the United States Geological
    Survey for reference and use as authorized by law.

-SOURCE-
    (May 14, 1940, ch. 190, 54 Stat. 212; Pub. L. 102-154, title I,
    Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 36b                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 36b. Acquisition of lands or interests therein for use in
      gaging streams or underground water resources

-STATUTE-
      The Secretary of the Interior may, on behalf of the United States
    and for use by the United States Geological Survey in gaging
    streams and underground water resources, acquire lands by donation
    or when funds have been appropriated by Congress by purchase or
    condemnation, but not in excess of ten acres for any one stream
    gaging station or observation well site. For the same purpose the
    Secretary of the Interior may obtain easements, licenses, rights-of-
    way, and leases limited to run for such a period of time or term
    of years as may be required for the effective performance of the
    function of gaging streams and underground water resources:
    Provided, That nothing in this section shall be construed as
    affecting or intended to affect or in any way to interfere with the
    laws of any State or Territory relating to the control,
    appropriation, use, or distribution of water used in irrigation, or
    any vested right acquired thereunder, and the Secretary of the
    Interior, in carrying out the provisions of this section, shall
    proceed in conformity with such laws, and nothing in this section
    shall in any way affect any right of any State or of the Federal
    Government or of any landowner, appropriator, or user of water, in,
    to, or from any interstate stream or the waters thereof.

-SOURCE-
    (Dec. 24, 1942, ch. 822, 56 Stat. 1086; Pub. L. 86-406, Apr. 4,
    1960, 74 Stat. 14; Pub. L. 102-154, title I, Nov. 13, 1991, 105
    Stat. 1000.)

-MISC1-
                                AMENDMENTS                            
      1960 - Pub. L. 86-406 authorized Secretary of the Interior to
    acquire lands and interests in lands for observation well sites to
    gage underground water resources.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-End-

-CITE-
    43 USC Sec. 36c                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 36c. Acceptance of contributions from public and private
      sources; cooperation with other agencies in prosecution of
      projects

-STATUTE-
      In fiscal year 1987 and thereafter the United States Geological
    Survey is authorized to accept lands, buildings, equipment, and
    other contributions from public and private sources and to
    prosecute projects in cooperation with other agencies, Federal,
    State, or private.

-SOURCE-
    (Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat.
    1783-242, 1783-252, and Pub. L. 99-591, Sec. 101(h) [title I], Oct.
    30, 1986, 100 Stat. 3341-242, 3341-252; Pub. L. 102-154, title I,
    Nov. 13, 1991, 105 Stat. 1000.)

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-End-

-CITE-
    43 USC Sec. 36d                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 36d. Cooperative agreements

-STATUTE-
      Notwithstanding the provisions of the Federal Grant and
    Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), the United
    States Geological Survey is authorized to continue existing, and on
    and after November 10, 2003, to enter into new cooperative
    agreements directed towards a particular cooperator, in support of
    joint research and data collection activities with Federal, State,
    and academic partners funded by appropriations herein, including
    those that provide for space in cooperator facilities.

-SOURCE-
    (Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1254.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Grant and Cooperative Agreement Act of 1977, referred
    to in text, is Pub. L. 95-224, Feb. 3, 1978, 92 Stat. 3, which was
    classified generally to chapter 8 (Sec. 501 et seq.) of Title 41,
    Public Contracts, and was repealed and reenacted as chapter 63
    (Sec. 6301 et seq.) of Title 31, Money and Finance, by Pub. L. 97-
    258, Secs. 1, 5(b), Sept. 13, 1982, 96 Stat. 877, 1068.
      Appropriations herein, referred to in text, probably means
    appropriations under the headings "United States Geological
    Survey", "surveys, investigations, and research" and
    "administrative provisions", of the annual Department of the
    Interior and Related Agencies Appropriations Act.

-MISC1-
                            SIMILAR PROVISIONS                        
      Provisions similar to those in this section were contained in the
    following appropriation act:
      Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 228.

-End-

-CITE-
    43 USC Sec. 37                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 37. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 12, 1917, ch. 27, 40 Stat. 144, related to
    purchases or services for the Geological Survey, was omitted as
    superseded.

-End-

-CITE-
    43 USC Sec. 38                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 38. Topographic surveys; marking elevations

-STATUTE-
      In making topographic surveys west of the ninety-fifth meridian
    elevations above a base level located in each area under survey
    shall be determined and marked on the ground by iron or stone posts
    or permanent bench marks, at least two such posts or bench marks to
    be established in each township, or equivalent area, except in the
    forest-clad and mountain areas, where at least one shall be
    established, and these shall be placed, whenever practicable, near
    the township corners of the public-land surveys; and in the areas
    east of the ninety-fifth meridian at least one such post or bench
    mark shall be similarly established in each area equivalent to the
    area of a township of the public land surveys.

-SOURCE-
    (June 11, 1896, ch. 420, 29 Stat. 435.)

-End-

-CITE-
    43 USC Secs. 39, 40                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Secs. 39, 40. Omitted

-COD-
                               CODIFICATION                           
      Section 39, act Feb. 27, 1925, ch. 360, Sec. 1, 43 Stat. 1011,
    authorized the President to complete a general utility
    topographical survey of the territory of the United States within a
    period of twenty years from Feb. 27, 1925.
      Section 40, act Feb. 27, 1925, ch. 360, Sec. 2, 43 Stat. 1011,
    related to cooperative agreements with States to expedite
    completion of topographical survey.

-End-

-CITE-
    43 USC Sec. 41                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 41. Publications and reports; preparation and sale

-STATUTE-
      Except as otherwise provided in section 1318 of title 44, the
    publications of the United States Geological Survey shall consist
    of geological and economic maps, illustrating the resources and
    classification of the lands, and reports upon general and economic
    geology and paleontology. All special memoirs and reports of said
    survey shall be issued in uniform quarto series if deemed necessary
    by the director, but otherwise in ordinary octavos. Three thousand
    copies of each shall be published for scientific exchanges and for
    sale at the price of publication, and all literary and cartographic
    materials received in exchange shall be the property of the United
    States and form a part of the library of the organization; and the
    money resulting from the sale of such publications shall be covered
    into the Treasury of the United States, under the direction of the
    Secretary of the Interior.

-SOURCE-
    (Mar. 3, 1879, ch. 182, 20 Stat. 394; Aug. 7, 1946, ch. 770, Sec.
    1(10), 60 Stat. 867; Pub. L. 102-154, title I, Nov. 13, 1991, 105
    Stat. 1000.)

-COD-
                               CODIFICATION                           
      "Section 1318 of title 44" substituted in text for "section 260
    of title 44" on authority of Pub. L. 90-620, Sec. 2(b), Oct. 22,
    1968, 82 Stat. 1238, the first section of which enacted Title 44,
    Public Printing and Documents.
      The words "Except as otherwise provided in section 260 of title
    44" were originally inserted in text to avoid conflict with the
    provisions of such section 260 of title 44, as set out prior to the
    general revision of title 44 by Pub. L. 90-620, derived from Joint
    Res. May 16, 1902, No. 22.

-MISC1-
                                AMENDMENTS                            
      1946 - Act Aug. 7, 1946, repealed all provisions requiring
    preparation, and transmission by Secretary of the Interior, of an
    annual report of operations.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 42                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 42. Distribution of maps and atlases, etc.

-STATUTE-
      The Director of the United States Geological Survey is authorized
    and directed, on the approval of the Secretary of the Interior, to
    dispose of the topographic and geologic maps and atlases of the
    United States, made and published by the United States Geological
    Survey, at such prices and under such regulations as may from time
    to time be fixed by him and approved by the Secretary of the
    Interior; and a number of copies of each map or atlas, not
    exceeding five hundred, shall be distributed gratuitously among
    foreign governments and departments of our own Government to
    literary and scientific associations, and to such educational
    institutions or libraries as may be designated by the Director of
    the Survey and approved by the Secretary of the Interior. On and
    after June 7, 1924, the distribution of geological publications to
    libraries designated as special depositaries of such publications
    shall be discontinued.

-SOURCE-
    (Feb. 18, 1897, No. 13, Sec. 1, 29 Stat. 701; June 7, 1924, ch.
    303, 43 Stat. 592; Pub. L. 102-154, title I, Nov. 13, 1991, 105
    Stat. 1000.)

-COD-
                               CODIFICATION                           
      The first sentence is from Joint Res. Feb. 18, 1897; the second
    sentence is from act June 7, 1924.
      Joint Res. Feb. 18, 1897 superseded a provision contained in act
    June 11, 1896, ch. 420, 29 Stat. 436, authorizing the sale of
    topographical maps with text at cost and ten per centum added.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 42a                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 42a. Use of receipts from sale of maps for map printing and
      distribution

-STATUTE-
      In fiscal year 1984 and thereafter, all receipts from the sale of
    maps sold or stored by the United States Geological Survey shall be
    available for map printing and distribution to supplement funds
    otherwise available, to remain available until expended.

-SOURCE-
    (Pub. L. 98-146, title I, Nov. 4, 1983, 97 Stat. 926; Pub. L. 102-
    154, title I, Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-End-

-CITE-
    43 USC Sec. 43                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 43. Copies to Senators, Representatives, and Delegates

-STATUTE-
      One copy of each map and atlas shall be sent to each Senator and
    each Representative and Delegate in Congress, if published within
    his term; and a second copy shall be placed at the disposal of each
    such Senator, Representative and Delegate

-SOURCE-
    (Feb. 18, 1897, No. 13, Sec. 2, 29 Stat. 701.)

-End-

-CITE-
    43 USC Sec. 44                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 44. Sale of transfers or copies of data

-STATUTE-
      The Director of the United States Geological Survey shall, if the
    regular map work of the Survey is in no wise interfered with
    thereby, furnish to any person, concern, institution, State or
    foreign government, that shall pay in advance the whole cost
    thereof with 10 per centum added, transfers or copies of any
    cartographic or other engraved or lithographic data in the division
    of engraving and printing of the Survey, and the moneys received by
    the Director for such transfers or copies shall be deposited in the
    Treasury.

-SOURCE-
    (June 30, 1906, ch. 3914, 34 Stat. 727; Pub. L. 102-154, title I,
    Nov. 13, 1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 45                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 45. Production and sale of copies of photographs and records;
      disposition of receipts

-STATUTE-
      The Director of the United States Geological Survey on and after
    March 4, 1909 may produce and sell on a reimbursable basis to
    interested persons, concerns, and institutions, copies of aerial or
    other photographs and mosaics that have been obtained in connection
    with the authorized work of the United States Geological Survey and
    photographic or photostatic reproductions of records in the
    official custody of the Director at such prices (not less than the
    estimated cost of furnishing such copies or reproductions) as the
    Director, with the approval of the Secretary of the Interior, may
    determine, the money received from such sales to be deposited in
    the Treasury to the credit of the appropriation then current and
    chargeable for the cost of furnishing copies or reproductions as
    herein authorized.

-SOURCE-
    (Mar. 4, 1909, ch. 299, 35 Stat. 989; July 21, 1947, ch. 273, 61
    Stat. 398.)

-MISC1-
                                AMENDMENTS                            
      1947 - Act July 21, 1947, authorized production and sale of
    aerial or other photographs and reproductions of records on a
    reimbursement of appropriations basis.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 46                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 46. Omitted

-COD-
                               CODIFICATION                           
      Section, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 785,
    related to exchange of old freight carrying vehicles as part
    payment for new, was from the Interior Department Appropriation
    Act, 1950, and was not repeated in subsequent appropriation acts.
    Similar provisions were contained in the following prior
    appropriation acts:
      June 29, 1948, ch. 754, 62 Stat. 1133.
      July 25, 1947, ch. 337, 61 Stat. 477.
      July 1, 1946, ch. 529, 60 Stat. 369.
      July 3, 1945, ch. 262, 59 Stat. 343.
      June 28, 1944, ch. 298, 58 Stat. 491.
      July 12, 1943, ch. 219, 57 Stat. 477.
      July 2, 1942, ch. 473, 56 Stat. 537.
      June 28, 1941, ch. 259, 55 Stat. 339.
      June 18, 1940, ch. 395, 54 Stat. 439.
      May 10, 1939, ch. 119, 53 Stat. 719.
      May 9, 1938, ch. 187, 52 Stat. 325.
      Aug. 9, 1937, ch. 570, 50 Stat. 598.
      June 22, 1936, ch. 691, 49 Stat. 1785.
      May 9, 1935, ch. 101, 49 Stat. 200.
      Mar. 2, 1934, ch. 38, 48 Stat. 382.
      Feb. 17, 1933, ch. 98, 47 Stat. 846.
      Apr. 22, 1932, ch. 125, 47 Stat. 118.
      Feb. 14, 1931, ch. 187, 46 Stat. 1147.
      May 14, 1930, ch. 273, 46 Stat. 310.
      Mar. 4, 1929, ch. 705, 45 Stat. 1594.
      Mar. 7, 1928, ch. 137, 45 Stat. 231.
      Jan. 12, 1927, ch. 27, 44 Stat. 961.
      May 10, 1926, ch. 277, 44 Stat. 486.
      Mar. 3, 1925, ch. 462, 43 Stat. 1172.
      June 5, 1924, ch. 264, 43 Stat. 419.
      Jan. 24, 1923, ch. 42, 42 Stat. 1208.
      May 24, 1922, ch. 199, 42 Stat. 586.

-End-

-CITE-
    43 USC Sec. 47                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 47. Repealed. Aug. 7, 1946, ch. 770, Sec. 1(11), 60 Stat. 867

-MISC1-
      Section, act May 10, 1926, ch. 277, 44 Stat. 487, required annual
    statements and reports of expenditures for the benefit of Indians
    relating to the operation of oil and gas leases, and the mining of
    other minerals, on Indian lands.

-End-

-CITE-
    43 USC Sec. 48                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 48. Omitted

-COD-
                               CODIFICATION                           
      Section, act Jan. 12, 1927, ch. 27, 44 Stat. 963, required
    amounts received by the Geological Survey from any State, Territory
    or political subdivision thereof in carrying on work involving
    cooperation to be used in reimbursing the appropriation from which
    the expense of such work was paid, was from the act making
    appropriations for the Department of the Interior for the fiscal
    year ending June 30, 1928 and for other purposes, and was not
    repeated in subsequent appropriation acts. Similar provisions were
    contained in the following act: May 10, 1926, ch. 277, 44 Stat.
    487.

-End-

-CITE-
    43 USC Sec. 49                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 49. Extension of cooperative work to Puerto Rico

-STATUTE-
      The provisions of law authorizing the making of topographic and
    geological surveys and conducting investigations relating to
    mineral and water resources by the United States Geological Survey
    in various portions of the United States be, and the same are,
    extended to authorize such surveys and investigations in Puerto
    Rico.

-SOURCE-
    (June 17, 1935, ch. 268, 49 Stat. 386.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 50                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 50. Survey's share of cost of topographic mapping or water
      resources investigations carried on with States

-STATUTE-
      The share of the United States Geological Survey in any
    topographic mapping or water resources data collection and
    investigations carried on in cooperation with any State or
    municipality shall not exceed 50 per centum of the cost thereof.

-SOURCE-
    (Pub. L. 109-54, title I, Aug. 2, 2005, 119 Stat. 510.)

-COD-
                               CODIFICATION                           
      Section text is based on act July 31, 1953, ch. 298, title I,
    Sec. 1, 67 Stat. 269, as continued and modified for the fiscal year
    covered by the appropriation act cited as the credit to this
    section.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3052.
      Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1254.
      Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 228.
      Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 427.
      Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 931.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-145.
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-242.
      Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1552.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-190.
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-165; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2507.
      Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1387.
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1384.
      Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.
      Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1924.
      Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 710.
      Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1790.
      Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
    1329-213, 1329-224.
      Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat.
    1783-242, 1783-252, and Pub. L. 99-591, Sec. 101(h) [title I], Oct.
    30, 1986, 100 Stat. 3341-242, 3341-252.
      Pub. L. 99-190, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat.
    1224, 1231.
      Pub. L. 98-473, title I, Sec. 101(c) [title I], Oct. 12, 1984, 98
    Stat. 1837, 1845.
      Pub. L. 98-146, title I, Nov. 4, 1983, 97 Stat. 926.
      Pub. L. 97-394, title I, Dec. 30, 1982, 96 Stat. 1972.
      Pub. L. 97-100, title I, Dec. 23, 1981, 95 Stat. 1397.
      Pub. L. 96-514, title I, Dec. 12, 1980, 94 Stat. 2963.
      Pub. L. 96-126, title I, Nov. 27, 1979, 93 Stat. 961.
      Pub. L. 95-465, title I, Oct. 17, 1978, 92 Stat. 1285.
      Pub. L. 95-74, title I, July 26, 1977, 91 Stat. 290.
      Pub. L. 94-373, title I, July 31, 1976, 90 Stat. 1048.
      Pub. L. 94-165, title I, Dec. 23, 1975, 89 Stat. 983.
      Pub. L. 93-404, title I, Aug. 31, 1974, 88 Stat. 808.
      Pub. L. 93-120, title I, Oct. 4, 1973, 87 Stat. 434.
      Pub. L. 92-369, title I, Aug. 10, 1972, 86 Stat. 513.
      Pub. L. 92-76, title I, Aug. 10, 1971, 85 Stat. 234.
      Pub. L. 91-361, title I, July 31, 1970, 84 Stat. 674.
      Pub. L. 91-98, title I, Oct. 29, 1969, 83 Stat. 152.
      Pub. L. 90-425, title I, July 26, 1968, 82 Stat. 431.
      Pub. L. 90-28, title I, June 24, 1967, 81 Stat. 64.
      Pub. L. 89-435, title I, May 31, 1966, 80 Stat. 175.
      Pub. L. 89-52, title I, June 28, 1965, 79 Stat. 181.
      Pub. L. 88-356, title I, July 7, 1964, 78 Stat. 280.
      Pub. L. 88-79, title I, July 26, 1963, 77 Stat. 103.
      Pub. L. 87-578, title I, Aug. 9, 1962, 76 Stat. 341.
      Pub. L. 87-122, title I, Aug. 3, 1961, 75 Stat. 252.
      Pub. L. 86-455, title I, May 13, 1960, 74 Stat. 108.
      Pub. L. 86-60, title I, June 23, 1959, 73 Stat. 96.
      Pub. L. 85-439, title I, June 4, 1958, 72 Stat. 159.
      Pub. L. 85-77, title I, July 1, 1957, 71 Stat. 261.
      June 13, 1956, ch. 380, title I, 70 Stat. 261.
      June 16, 1955, ch. 147, title I, 69 Stat. 145.
      July 1, 1954, ch. 446, title I, 68 Stat. 368.
      July 31, 1953, ch. 298, title I, 67 Stat. 269.
      July 9, 1952, ch. 597, title I, 66 Stat. 454.
      Aug. 31, 1951, ch. 375, title I, 65 Stat. 259.
      Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 690.

-End-

-CITE-
    43 USC Sec. 50-1                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 50-1. Funds for mappings and investigations considered
      intragovernmental funds

-STATUTE-
      Beginning October 1, 1990, and thereafter, funds received from
    any State, territory, possession, country, international
    organization, or political subdivision thereof, for topographic,
    geologic, or water resources mapping or investigations involving
    cooperation with such an entity shall be considered as
    intragovernmental funds as defined in the publication titled "A
    Glossary of Terms Used in the Federal Budget Process".

-SOURCE-
    (Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1924.)

-End-

-CITE-
    43 USC Sec. 50a                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 50a. Working capital fund for United States Geological Survey

-STATUTE-
      There is hereby established in the Treasury of the United States
    a working capital fund to assist in the management of certain
    support activities of the United States Geological Survey
    (hereafter referred to as the "Survey"), Department of the
    Interior. The fund shall be available on and after November 5,
    1990, without fiscal year limitation for expenses necessary for
    furnishing materials, supplies, equipment, work, facilities, and
    services in support of Survey programs, and, as authorized by law,
    to agencies of the Federal Government and others. Such expenses may
    include laboratory modernization and equipment replacement,
    computer operations, maintenance, and telecommunications services;
    requirements definition, systems analysis, and design services;
    acquisition or development of software; systems support services
    such as implementation assistance, training, and maintenance;
    acquisition and replacement of computer, publications, scientific
    instrumentation, telecommunications, and related automatic data
    processing equipment; and, such other activities as may be approved
    by the Secretary of the Interior.
      There are authorized to be transferred to the fund, at fair and
    reasonable values at the time of transfer, inventories, equipment,
    receivables, and other assets, less liabilities, related to the
    functions to be financed by the fund as determined by the Secretary
    of the Interior: Provided, That the fund shall be credited with
    appropriations and other funds of the Survey, and other agencies of
    the Department of the Interior, other Federal agencies, and other
    sources, for providing materials, supplies, equipment, work, and
    services as authorized by law and such payments may be made in
    advance or upon performance: Provided further, That charges to
    users will be at rates approximately equal to the costs of
    furnishing the materials, supplies, equipment, facilities, and
    services, including such items as depreciation of equipment and
    facilities, and accrued annual leave: Provided further, That all
    existing balances as of November 5, 1990, from amortization fees
    resulting from the Survey providing telecommunications services and
    deposited in a special fund established on the books of the
    Treasury and available for payment of replacement or expansion of
    telecommunications services as authorized by Public Law 99-190, are
    hereby transferred to and merged with the working capital fund, to
    be used for the same purposes as originally authorized: Provided
    further, That funds that are not necessary to carry out the
    activities to be financed by the fund, as determined by the
    Secretary, shall be covered into miscellaneous receipts of the
    Treasury.

-SOURCE-
    (Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1924; Pub. L.
    102-154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 103-332,
    title I, Sept. 30, 1994, 108 Stat. 2507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Provisions relating to the special fund authorized by Public Law
    99-190, referred to in text, were formerly classified to this
    section. See Prior Provisions note below.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 50a, Pub. L. 99-190, Sec. 101(d) [title I], Dec.
    19, 1985, 99 Stat. 1224, 1231, related to deposit of amortization
    fees from Geological Survey providing telecommunications services.

                                AMENDMENTS                            
      1994 - Pub. L. 103-332 in first par., in second sentence after
    "work," inserted "facilities,", in third sentence after "include"
    inserted "laboratory modernization and equipment replacement,",
    after "operations" inserted ", maintenance,", and after
    "replacement of computer," inserted "publications, scientific
    instrumentation," and in second par., in second proviso after
    "depreciation of equipment" inserted "and facilities,".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted for "Geological
    Survey" in first paragraph pursuant to provision of title I of Pub.
    L. 102-154, set out as a note under section 31 of this title.

-End-

-CITE-
    43 USC Sec. 50b                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 50b. Recording of obligations against accounts receivable and
      crediting of amounts received; work involving cooperation with
      State, Territory, etc.

-STATUTE-
      Before, on, and after October 18, 1986, in carrying out work
    involving cooperation with any State, Territory, possession, or
    political subdivision thereof, the United States Geological Survey
    may, notwithstanding any other provision of law, record obligations
    against accounts receivable from any such entities and shall credit
    amounts received from such entities to this appropriation.

-SOURCE-
    (Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat.
    1783-242, 1783-252, and Pub. L. 99-591, Sec. 101(h) [title I], Oct.
    30, 1986, 100 Stat. 3341-242, 3341-252; Pub. L. 102-154, title I,
    Nov. 13, 1991, 105 Stat. 1000.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This appropriation, referred to in text, probably means
    appropriations under the headings "Geological Survey" and "surveys,
    investigations, and research" of the annual Department of the
    Interior and Related Agencies Appropriations Act.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
      In text, "Before, on, and after October 18, 1986" substituted for
    "heretofore and hereafter".

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-End-

-CITE-
    43 USC Sec. 50c                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 50c. Payment of costs incidental to utilization of services of
      volunteers

-STATUTE-
      Appropriations herein and on and after December 22, 1987, made
    shall be available for paying costs incidental to the utilization
    of services contributed by individuals who serve without
    compensation as volunteers in aid of work of the United States
    Geological Survey, and that within appropriations herein and on and
    after December 22, 1987, provided, United States Geological Survey
    officials may authorize either direct procurement of or
    reimbursement for expenses incidental to the effective use of
    volunteers such as, but not limited to, training, transportation,
    lodging, subsistence, equipment, and supplies: Provided further,
    That provision for such expenses or services is in accord with
    volunteer or cooperative agreements made with such individuals,
    private organizations, educational institutions, or State or local
    government.

-SOURCE-
    (Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
    1329-213, 1329-224; Pub. L. 102-154, title I, Nov. 13, 1991, 105
    Stat. 1000.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Appropriations herein, referred to in text, probably means
    appropriations under the headings "Geological Survey", "surveys,
    investigations, and research" and "administrative provisions", of
    the annual Department of the Interior and Related Agencies
    Appropriations Act.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted in text for
    "Geological Survey" pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-End-

-CITE-
    43 USC Sec. 50d                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 2 - UNITED STATES GEOLOGICAL SURVEY

-HEAD-
    Sec. 50d. Services of students or recent graduates

-STATUTE-
      The United States Geological Survey may on and after November 29,
    1999, contract directly with individuals or indirectly with
    institutions or nonprofit organizations, without regard to section
    5 of title 41, for the temporary or intermittent services of
    students or recent graduates, who shall be considered employees for
    the purposes of chapters 57 and 81 of title 5, relating to
    compensation for travel and work injuries, and chapter 171 of title
    28, relating to tort claims, but shall not be considered to be
    Federal employees for any other purposes.

-SOURCE-
    (Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999,
    113 Stat. 1535, 1501A-146.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112
    Stat. 2681-231, 2681-243.

-End-

-CITE-
    43 USC CHAPTER 3 - SURVEYS                                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
                            CHAPTER 3 - SURVEYS                        

-MISC1-
    Sec.                                                     
    51.         Omitted.                                              
    52.         Surveying duties.                                     
    53.         Powers devolved on Secretary of the Interior on
                 turning over of papers to States.                    
    54.         Completion of surveys; delivery to States.            
    55.         Field notes delivered to States; access to.           
    56.         Conditions of delivery to States.                     
    57.         Authenticated copies or extracts from records as
                 evidence.                                            
    58.         Transcripts from records of Louisiana.                
    59.         Official papers in office of surveyor general in
                 California; copies.                                  
    60.         Stationery for mineral surveys.                       
    61 to 63.   Repealed.                                             

-End-

-CITE-
    43 USC Sec. 51                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 51. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 3, 1925, ch. 462, 43 Stat. 1144, which
    abolished office of surveyor general and transferred its functions
    to Field Surveying Service under Supervisor of Surveys, was
    superseded by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under section 1
    of this title.
      The office of surveyor general abolished in certain States by
    acts July 31, 1876, ch. 246, 19 Stat. 121, and Oct. 2, 1888, ch.
    1069, 25 Stat. 525, and discontinued in others pursuant to R.S.
    Sec. 2218.
      So far as they were not already superseded or obsolete by reason
    of abolition or discontinuance of the office, or otherwise, the
    following provisions were superseded by former provisions of this
    section:
      R.S. Sec. 2207, providing for appointment of surveyors general in
    States and territories therein named, and acts Apr. 10, 1890, ch.
    77, Sec. 1, 26 Stat. 53, and July 24, 1897, ch. 14, Sec. 2, 30
    Stat. 215, providing for surveyors general in North and South
    Dakota and Alaska;
      R.S. Secs. 2208 to 2211; acts Apr. 10, 1890, ch. 77, Sec. 2, 26
    Stat. 53; July 24, 1897, ch. 14, Sec. 3, 30 Stat. 215, concerning
    salaries of particular surveyors general;
      R.S. Secs. 2212 to 2214, concerning number and location, of
    offices, and place of residence, of surveyors general.
      R.S. Secs. 2215 and 2216, concerning bonds of surveyors general;
      R.S. Sec. 2217, concerning duration of term of office of
    surveyors general;
      R.S. Secs. 2226 and 2227, concerning allowances for clerk hire
    and office expenses;
      Act Mar. 3, 1893, ch. 211, 27 Stat. 709, relative to
    consolidation of offices of two or more surveyors general; and
    provisions of act May 24, 1922, ch. 199, 42 Stat. 556, and prior
    acts concerning detail of clerks from office of one surveyor
    general to another.

-End-

-CITE-
    43 USC Sec. 52                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 52. Surveying duties

-STATUTE-
      The Secretary of the Interior or such officer as he may designate
    shall engage a sufficient number of skillful surveyors as his
    deputies, to whom he is authorized to administer the necessary
    oaths upon their appointments. He shall have authority to frame
    regulations for their direction, not inconsistent with law or the
    instructions of the Bureau of Land Management, and to remove them
    for negligence or misconduct in office.
      Second. He shall cause to be surveyed, measured, and marked,
    without delay, all base and meridian lines through such points and
    perpetuated by such monuments, and such other correction parallels
    and meridians as may be prescribed by law or by instructions from
    the Bureau of Land Management, in respect to the public lands to
    which the Indian title has been or may be extinguished.
      Third. He shall cause to be surveyed all private land claims
    after they have been confirmed by authority of Congress, so far as
    may be necessary to complete the survey of the public lands.
      Fourth. He shall transmit to the officer, as the Secretary of the
    Interior may designate, of the respective land offices general and
    particular plats of all lands surveyed by him for each land
    district; and he shall forward copies of such plats to such officer
    as the Secretary may designate.
      Fifth. He shall, so far as is compatible with the desk duties of
    his office, occasionally inspect the surveying operations while in
    progress in the field, sufficiently to satisfy himself of the
    fidelity of the execution of the work according to contract, and
    the actual and necessary expenses incurred by him while so engaged
    shall be allowed; and where it is incompatible with his other
    duties for the Secretary of the Interior or such officer as he may
    designate to devote the time necessary to make a personal
    inspection of the work in progress, then he is authorized to depute
    a confidential agent to make such examination; and the actual and
    necessary expenses of such person shall be allowed and paid for
    that service, and $5 a day during the examination in the field; but
    such examination shall not be protracted beyond thirty days; and in
    no case longer than is actually necessary; and when the Secretary
    or such officer, or any person employed in his office at a regular
    salary, is engaged in such special service, he shall receive only
    his necessary expenses in addition to his regular salary.

-SOURCE-
    (R.S. Sec. 2223; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-COD-
                               CODIFICATION                           
      Provisions different from those of the fifth paragraph of this
    section, for inspection of surveying operations, were made by
    several Sundry Civil Appropriation Acts, in connection with the
    appropriations for surveys and resurveys, and limited to the
    expenditure of the particular appropriation.
      R.S. Sec. 2223 derived from acts May 18, 1796, ch. 29, Sec. 1, 1
    Stat. 464; Apr. 29, 1816, ch. 151, Sec. 1, 3 Stat. 325; Mar. 3,
    1831, ch. 116, Sec. 1, 4 Stat. 492; Mar. 3, 1853, ch. 145, Secs. 3,
    10, 10 Stat. 245, 247; Apr. 24, 1874, ch. 127, 18 Stat. 34; Aug. 9,
    1876, ch. 256, 19 Stat. 126.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      References to Supervisor of Surveys and Commissioner of General
    Land Office changed to Secretary of the Interior or such officer as
    he may designate, reference to manager changed to officer
    designated by Secretary of the Interior, and "Bureau of Land
    Management" substituted for "General Land Office" on authority of
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.
      Previously, references to surveyors general were changed to
    supervisor of surveys and provisions limiting application of
    section to points "within his surveying district" were omitted on
    authority of act Mar. 3, 1925, which abolished office of surveyor
    general and transferred its activities to Field Surveying Service
    under jurisdiction of United States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 53                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 53. Powers devolved on Secretary of the Interior on turning
      over of papers to States

-STATUTE-
      In all cases where, as provided in section 54 of this title, the
    field notes, maps, records, and other papers appertaining to land
    titles in any State are turned over to the authorities of such
    State, the same authority, powers, and duties in relation to the
    survey, resurvey, or subdivision of the lands therein, and all
    matters and things connected therewith, as previously exercised by
    the surveyor general, whose district included such State, shall be
    vested in, and devolved upon, the Secretary of the Interior or such
    officer as he may designate.

-SOURCE-
    (R.S. Sec. 2219; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2219 derived from act Jan. 22, 1853, ch. 24, Sec. 1, 10
    Stat. 152.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-MISC1-
                             SURVEYOR GENERAL                         
      Abolition of office of surveyor general, see note set out under
    section 51 of this title.

-End-

-CITE-
    43 USC Sec. 54                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 54. Completion of surveys; delivery to States

-STATUTE-
      The Secretary of the Interior shall take all the necessary
    measures for the completion of the surveys in the several surveying
    districts, at the earliest periods compatible with the purposes
    contemplated by law; and whenever the surveys and records of any
    such district are completed, the Secretary of the Interior or such
    officer as he may designate shall deliver over to the secretary of
    state of the respective States, including such surveys, or to such
    other officer as may be authorized to receive them, all the field
    notes, maps, records, and other papers appertaining to land titles
    within the same.

-SOURCE-
    (R.S. Sec. 2218; June 5, 1924, ch. 264, 43 Stat. 394; Mar. 3, 1925,
    ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      The original text of R.S. Sec. 2218 provided for completion of
    surveys "in the several surveying-districts for which surveyors
    general have been, or may be, appointed" and also provided that
    "the surveyor general thereof shall be required to deliver over"
    all papers appertaining to land titles within the district, "and
    the office of surveyor general in every such district shall
    thereafter cease and be discontinued." The references to the
    surveyors general were omitted in view of act Mar. 3, 1925
    (classified to section 51 of this title) abolishing office of
    surveyor general and transferring its activities to the Field
    Surveying Service, under the jurisdiction of the U.S. Supervisor of
    Surveys. See, also, Transfer of Functions note below.
      R.S. Sec. 2207, formerly cited as a credit to this section, which
    provided for appointment of surveyors general, was superseded by
    act Mar. 3, 1925 (classified to section 51 of this title) and
    repealed by act Mar. 3, 1933, ch. 202, Sec. 1, 47 Stat. 1429.
      Act June 5, 1924, appropriated funds for use in making the
    surveys in twelve districts.
      Act May 25, 1906, ch. 2554, 34 Stat. 199, provided for a survey,
    pursuant to R.S. Sec. 2218, of unsurveyed lands in Louisiana, and
    was omitted.
      Provisions of act Oct. 2, 1888, ch. 1069, 25 Stat. 525, which
    provided for transfer to State officials of field notes, maps,
    records and other papers appertaining to land surveys in Nebraska
    and Iowa, were omitted.
      All records, etc., belonging to office of recorder of land titles
    for Missouri were delivered to State upon discontinuance of office,
    by provisions of act June 6, 1874, ch. 223, Sec. 3, and act July
    31, 1876, ch. 246.
      R.S. Sec. 2218 derived from acts June 12, 1840, ch. 36, Sec. 1, 5
    Stat. 384; July 31, 1876, ch. 246, 19 Stat. 121.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Supervisor of Surveys" on authority of section 403
    of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
    this title.

-End-

-CITE-
    43 USC Sec. 55                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 55. Field notes delivered to States; access to

-STATUTE-
      Under the authority and direction of the Secretary of the
    Interior or such officer as he may designate, any deputy surveyor
    or other agent of the United States shall have free access to any
    field notes, maps, records, and other papers, mentioned in section
    53 of this title, for the purpose of taking extracts therefrom, or
    making copies thereof, without charge of any kind.

-SOURCE-
    (R.S. Sec. 2220; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      The word "such" before "field notes" was omitted and the words
    "mentioned in section 53 of this title" were inserted after
    "papers,".
      R.S. Sec. 2220 derived from act Jan. 22, 1853, ch. 24, Sec. 2, 10
    Stat. 152.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 56                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 56. Conditions of delivery to States

-STATUTE-
      The field notes, maps, records, and other papers mentioned in
    section 53 of this title, shall in no case be turned over to the
    authorities of any State, until such State has provided by law for
    the reception and safe-keeping of the same as public records, and
    for the allowance of free access to the same by the authorities of
    the United States.

-SOURCE-
    (R.S. Sec. 2221.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2221 derived from acts Jan. 22, 1853, ch. 24, Sec. 3,
    10 Stat. 152; June 6, 1874, ch. 223, Sec. 3, 18 Stat. 62.

-End-

-CITE-
    43 USC Sec. 57                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 57. Authenticated copies or extracts from records as evidence

-STATUTE-
      Any copy of or extract from the plats, field notes, records, or
    other papers of the offices of the former surveyors general for the
    districts of Oregon and California, when authenticated by the seal
    and signature of the Secretary of the Interior or such officer as
    he may designate, shall be evidence in all cases in which the
    original would be evidence.

-SOURCE-
    (R.S. Sec. 2224; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-COD-
                               CODIFICATION                           
      This section is from a part of R.S. Sec. 2224, as affected by act
    Mar. 3, 1925. The original text provided for the continuation of
    the use of the official seals authorized for the offices of the
    surveyors general of Oregon, California, and Louisiana. This
    provision was superseded by act Mar. 3, 1925 (classified to section
    51 of this title), abolishing the office of surveyor-general. The
    rest of the section became inapplicable to Louisiana upon the
    discontinuance of the office of surveyor general of Louisiana
    pursuant to R.S. Sec. 2218. The text of this section was changed to
    provide for authentication by the supervisor of surveys, instead of
    a surveyor-general, in view of act Mar. 3, 1925 (classified to
    section 51 of this title) abolishing the office of surveyor general
    and transferring its activities to the Field Surveying Service,
    under the jurisdiction of the U.S. Supervisor of Surveys. See,
    also, Transfer of Functions note below.
      R.S. Sec. 2224 derived from act Mar. 3, 1853, ch. 145, Secs. 2,
    11, 10 Stat. 245, 248.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Supervisor of Surveys" on authority of section 403
    of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
    this title.

-End-

-CITE-
    43 USC Sec. 58                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 58. Transcripts from records of Louisiana

-STATUTE-
      Any copy of a plat of survey, or transcript from the records of
    the office of the former surveyor general of Louisiana, duly
    certified, shall be admitted as evidence in all the courts of the
    United States and the Territories thereof.

-SOURCE-
    (R.S. Sec. 2225.)

-COD-
                               CODIFICATION                           
      The word "former" was inserted in text before "surveyor general"
    because of the discontinuance of the office of surveyor general in
    Louisiana.
      R.S. Sec. 2225 derived from act Mar. 3, 1831, ch. 116, Sec. 5, 4
    Stat. 493.

-End-

-CITE-
    43 USC Sec. 59                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 59. Official papers in office of surveyor general in
      California; copies

-STATUTE-
      All official books, papers, instruments of writing, documents,
    archives, official seals, stamps, or dies, which have been
    authorized by law to be collected and deposited in the surveyor
    general's office in California, shall be safely and securely kept
    by the Secretary of the Interior, or such officer as he may
    designate, in the archives of his office until disposed of as
    provided by law; and copies thereof, authenticated by the Secretary
    or such officer under his seal of office, shall be evidence in all
    cases where the originals would be evidence.

-SOURCE-
    (R.S. Sec. 2229; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100; Oct. 25, 1951, ch. 562, Sec. 3(3), 65 Stat. 639.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2229 derived from act May 18, 1858, ch. 39, Sec. 1, 11
    Stat. 289.

-MISC1-
                                AMENDMENTS                            
      1951 - Act Oct. 25, 1951, inserted "until disposed of as provided
    by law".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Supervisor of Surveys" on authority on section 403
    of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
    this title.
      Previously, "Supervisor of Surveys" was substituted for "surveyor
    general" by act Mar. 3, 1925.

-End-

-CITE-
    43 USC Sec. 60                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Sec. 60. Stationery for mineral surveys

-STATUTE-
      The stationery and drafting instruments purchased on and after
    March 3, 1901, for exclusive use of the Secretary of the Interior
    or such officers as he may designate in the preparation of plats
    and field notes of mineral surveys, as also the rent of additional
    quarters that may be necessary for the execution of such work,
    shall be paid for out of the fund created by deposits made by
    individuals to the credit of the United States to cover the cost of
    office work on such mineral surveys.

-SOURCE-
    (Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 1003; Mar. 3, 1925, ch.
    462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Field Surveying Service" on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.
      Previously, "Field Surveying Service" substituted for "surveyors-
    general" on authority of act Mar. 3, 1925, which abolished office
    of surveyor general and transferred its activities to Field
    Surveying Service.

-End-

-CITE-
    43 USC Secs. 61 to 63                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 3 - SURVEYS

-HEAD-
    Secs. 61 to 63. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1029

-MISC1-
      Section 61, R.S. Sec. 2230; act Mar. 3, 1925, ch. 462, 43 Stat.
    1144, related to bonds for deputy surveyors.
      Section 62, R.S. Sec. 2231, act Mar. 3, 1925, ch. 462, 43 Stat.
    1144, related to oath of deputy surveyors.
      Section 63, R.S. Sec. 2232; act Mar. 3, 1925, ch. 462, 43 Stat.
    1144, related to suits on bond of deputy surveyors.

-End-

-CITE-
    43 USC CHAPTER 4 - DISTRICT LAND OFFICES                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
                     CHAPTER 4 - DISTRICT LAND OFFICES                 

-MISC1-
    Sec.                                                     
    70 to 74.   Repealed or Omitted.                                  
    75.         Administration of oaths.                              
    75a to 79b. Repealed.                                             
    79c.        Payment of fees, commissions, etc.; deposit in
                 Treasury.                                            
    79d.        Alaska land claimant liable for fees, commissions or
                 purchase money; deposit in Treasury.                 
    80 to 82.   Repealed.                                             
    83.         Transcripts of records as evidence.                   
    84, 85.     Repealed or Omitted.                                  
    86.         Accounting for fees for notices of cancellation of
                 entries.                                             
    87, 88.     Repealed.                                             
    89.         Monthly returns of district land offices.             
    90.         Omitted.                                              
    91.         Deposit in Treasury of unearned fees and unofficial
                 moneys.                                              
    92.         Lists furnished with deposits.                        
    93.         Deposit of moneys deposited by unknown parties.       
    94.         Reimbursement of sums disbursed as special disbursing
                 agents.                                              
    95 to 98a.  Repealed.                                             
    99.         Repayment of moneys deposited and covered into
                 Treasury.                                            
    100.        Disqualification.                                     
    101.        Report of disqualification; designation of officer to
                 act.                                                 
    102.        Attendance of witnesses.                              
    103.        Witnesses' fees.                                      
    104.        Disobedience to subpoena.                             
    105.        Depositions of witnesses residing outside county.     
    106.        Continuing taking of depositions in behalf of opposite
                 party.                                               
    107.        Penalty for false information.                        

-End-

-CITE-
    43 USC Secs. 70 to 73                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Secs. 70 to 73. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,
      80 Stat. 632, 638, 645, 646

-MISC1-
      Section 70, act Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208,
    consolidated offices of register and receiver.
      Section 71, act Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided
    for consolidation of offices of register and receiver, effective
    July 1, 1925.
      Section 72, R.S. Sec. 2334; acts Jan. 27, 1898, ch. 10, 30 Stat.
    234; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925,
    ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, 11 F.R.
    7876, 60 Stat. 1100, related to duties of Secretary of the Interior
    concerning sale of public lands.
      Section 73, act Oct. 28, 1921, ch. 114, Sec. 2, 42 Stat. 208,
    related to designation of chief clerk to act in case of death,
    resignation, removal, or disability of register.

                             PRIOR PROVISIONS                         
      Provisions similar to section 71 of this title were contained in
    the following prior appropriation acts:
      Jan. 24, 1923, ch. 42, 42 Stat. 1179.
      June 30, 1922, ch. 255, Sec. 1, 42 Stat. 766.
      May 24, 1922, ch. 199, 42 Stat. 557.
      Mar. 24, 1921, ch. 161, 41 Stat. 1397.
      June 5, 1920, ch. 235, 41 Stat. 907.
      July 19, 1919, ch. 24, 41 Stat. 194.
      Act May 24, 1922, ch. 199, 42 Stat. 557, abolished land office at
    Springfield and offices of register and receiver thereat.
      Act May 2, 1914, ch. 74, Secs. 1, 2, 38 Stat. 371, 372, abolished
    office of receiver of public moneys at Springfield, Mo.,
    transferred his duties and custody of books, records, etc., to
    register, and contained other provisions concerning register's
    duties.
      Act. Mar. 2, 1895, ch. 177, Sec. 3, 28 Stat. 807, required
    duplication of reports and returns of registers and receivers to be
    prevented by regulations.
      Act. Oct. 1, 1890, ch. 1269, Sec. 2, 26 Stat. 657, concerned
    taking of final proofs by remaining officer in case of a vacancy in
    office of register or receiver.

-End-

-CITE-
    43 USC Sec. 74                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 74. Omitted

-COD-
                               CODIFICATION                           
      Section, R.S. Sec. 2228, acts Oct. 28, 1921, ch. 114, Sec. 1, 42
    Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, which authorized
    President to transfer duties of register in any district to
    Supervisor of Surveys, was omitted pursuant to Reorg. Plan No. 3 of
    1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.
    See note set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 75                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 75. Administration of oaths

-STATUTE-
      The officer designated by the Secretary of the Interior is
    authorized, and it shall be his duty, to administer any oath
    required by law or the instructions of the Bureau of Land
    Management, in connection with the entry or purchase of any tract
    of the public lands; but he shall not charge or receive, directly
    or indirectly, any compensation for administering such oath.

-SOURCE-
    (R.S. Sec. 2246; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar.
    3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      The words "or receiver" which followed "register" in the original
    text were omitted, in view of act Mar. 3, 1925 (classified to
    section 71 of this title), providing for the consolidation of the
    offices of register and receiver. See, also, Transfer of Functions
    note below.
      R.S. Sec. 2246 derived from act June 12, 1840, ch. 35, 5 Stat.
    384.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Reference to "register" changed to "officer designated by the
    Secretary of the Interior" and "Bureau of Land Management"
    substituted for "General Land Office" on authority of section 403
    of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
    this title.

-End-

-CITE-
    43 USC Secs. 75a to 79b                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Secs. 75a to 79b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 632, 645, 646, 652

-MISC1-
      Section 75a, act May 17, 1926, ch. 303, 44 Stat. 558, authorized
    administration of oaths by an employee of Department of the
    Interior designated to act as register.
      Section 76, R.S. Sec. 2244; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to term
    of office of registers.
      Section 77, R.S. Sec. 2222; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for
    continuation of duties and bond of register after expiration of his
    commission.
      Section 78, R.S. Sec. 2235; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required
    register to reside at place where land office was located.
      Section 79, R.S. Sec. 2236; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required
    registers to give bond in the penal sum of $10,000.
      Section 79a, act Apr. 24, 1944, ch. 177, Sec. 1, 58 Stat. 215,
    related to bond for registers.
      Section 79b, act Apr. 24, 1944, ch. 177, Sec. 2, 58 Stat. 215,
    related to compensation for registers.

-End-

-CITE-
    43 USC Sec. 79c                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 79c. Payment of fees, commissions, etc.; deposit in Treasury

-STATUTE-
      No provision of this Act shall relieve any public land applicant
    or claimant from the necessity of making payment of fees,
    commissions, or other moneys required by law or regulation.
    Commencing sixty days after April 24, 1944, the officials of
    district land offices shall not receive any compensation based on
    fees, commissions, or other receipts and all amounts collected by
    them shall be covered into the Treasury of the United States.

-SOURCE-
    (Apr. 24, 1944, ch. 177, Sec. 3, 58 Stat. 215; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act Apr. 24, 1944, ch. 177, 58
    Stat. 215, as amended, which enacted sections 79a to 79c of this
    title, repealed sections 80 and 80a of this title, and enacted
    provisions set out as notes under this section. For complete
    classification of this Act to the Code, see Tables.

-MISC1-
                                  REPEALS                              
      Section 4 of act Apr. 24, 1944, provided: "Sections 2237 and 2240
    of the Revised Statutes and the act of May 21, 1928 (45 Stat. 684;
    43 U.S.C., sec. 80), as amended [sections 80 and 80a of this
    title], are hereby repealed, and all other provisions of law
    inconsistent with this Act [See References in Text note above] are
    repealed to the extent of such inconsistency."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "officials of district land offices" substituted for
    "registers" on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.

-MISC2-
                            EXTENSION TO ALASKA                        
      Section 5 of act Apr. 24, 1944, provided that the provisions of
    this Act [see References in Text note above] not extend to the
    territory of Alaska.

-End-

-CITE-
    43 USC Sec. 79d                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 79d. Alaska land claimant liable for fees, commissions or
      purchase money; deposit in Treasury

-STATUTE-
      No provision of this Act shall relieve any public land claimant
    from the necessity of making payment of fees, commissions, or
    purchase money required by law or regulation in connection with an
    application, selection, location, or lease of public lands in
    Alaska, and all such payments, when made, shall be covered into the
    Treasury of the United States.

-SOURCE-
    (Oct. 9, 1942, ch. 584, Sec. 5, 56 Stat. 779.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act Oct. 9, 1942, ch. 584, 56
    Stat. 778, which enacted sections 79d and 123a of this title and
    sections 366 and 367 of Title 48, Territories and Insular
    Possessions, amended sections 80 and 751b of this title, repealed
    sections 366 and 367 of Title 48, and enacted provisions formerly
    set out as notes under section 366 of Title 48. For complete
    classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 367a of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Secs. 80, 80a                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Secs. 80, 80a. Repealed. Apr. 24, 1944, ch. 177, Sec. 4, 58 Stat.
      215

-MISC1-
      Section 80, R.S. Secs. 2237, 2240; acts Oct. 28, 1921, ch. 114,
    Sec. 1, 42 Stat. 208; May 21, 1928, ch. 661, 45 Stat. 684; Aug. 22,
    1935, ch. 602, 49 Stat. 680; Oct. 9, 1942, ch. 584, Sec. 7, 56
    Stat. 779, provided that from and after Sept. 1, 1935, registers
    should be paid $2,000 per annum together with fees and commissions
    limited to $3,600 per annum. See section 79c of this title.
      Section 80a, R.S. Secs. 2237, 2240, provided that receivers
    should be paid $500 per annum together with fees and commissions
    limited to $3,000 per annum. See section 79c of this title.

-End-

-CITE-
    43 USC Sec. 81                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 81. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 632, 645, 646

-MISC1-
      Section, R.S. Sec. 2243; acts Oct. 28, 1921, ch. 115, Sec. 1, 42
    Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to
    commencement of compensation of registers.

-End-

-CITE-
    43 USC Sec. 82                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 82. Repealed. Pub. L. 86-649, title II, Sec. 202(b), July 14,
      1960, 74 Stat. 507

-MISC1-
      Section, R.S. Sec. 2238; acts May 14, 1880, ch. 89, Sec. 2, 21
    Stat. 141; Dec. 17, 1880, ch. 2, 21 Stat. 311; July 26, 1892, ch.
    251, 27 Stat. 270; Mar. 22, 1904, ch. 748, 33 Stat. 144; May 29,
    1908, ch. 220, Sec. 14, 35 Stat. 468; Jan. 24, 1923, ch. 42, 42
    Stat. 1179; June 5, 1924, ch. 264, 43 Stat. 395; Mar. 3, 1925, ch.
    462, 43 Stat. 1145, related to fees and commissions required to be
    collected by district land offices. See section 1734 of this title.

-End-

-CITE-
    43 USC Sec. 83                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 83. Transcripts of records as evidence

-STATUTE-
      Transcripts of the records in the district land offices, when
    made and duly certified to by the Secretary of the Interior or such
    officers as he may designate for individuals, shall be admitted as
    evidence in all courts of the United States and the Territories
    thereof, and before all officials authorized to receive evidence,
    with the same force and effect as the original records.

-SOURCE-
    (Mar. 22, 1904, ch. 748, 33 Stat. 144; Oct. 28, 1921, ch. 114, Sec.
    1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-COD-
                               CODIFICATION                           
      The words "and receivers" which followed "registers" in the
    original text were omitted as superseded by acts Oct. 28, 1921, and
    Mar. 3, 1925, providing for consolidation of the two offices. See,
    also, Transfer of Functions note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "district land offices" substituted for "offices of
    registers" and "the Secretary of the Interior or such officers as
    he may designate" substituted for "them" on authority of section
    403 of 1946 Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.

-End-

-CITE-
    43 USC Sec. 84                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 84. Repealed. Pub. L. 86-649, title II, Sec. 202(b), July 14,
      1960, 74 Stat. 507

-MISC1-
      Section, R.S. Sec. 2239; acts Oct. 28, 1921, ch. 114, Sec. 1, 42
    Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees
    for consolidated land offices. See section 1734 of this title.

-End-

-CITE-
    43 USC Sec. 85                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 85. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Mar. 3, 1887, ch. 362, 24 Stat. 526; Oct. 28, 1921,
    ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat.
    1145; May 21, 1928, ch. 661, 45 Stat. 684, which required all fees
    collected by registers which would increase their salaries beyond a
    certain amount to be covered into the Treasury, except for certain
    clerical fees, was superseded by sections 79c and 79d of this
    title, which require all fees to be covered into the Treasury.

-End-

-CITE-
    43 USC Sec. 86                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 86. Accounting for fees for notices of cancellation of entries

-STATUTE-
      On and after March 4, 1911, all money or fees received or
    collected by the Secretary of the Interior or such officers as he
    may designate of United States land offices for issuing notices of
    cancellation of entries shall be reported and accounted for by the
    Secretary or such officers in the same manner as other fees or
    moneys received or collected.

-SOURCE-
    (Mar. 4, 1911, ch. 261, Secs. 1, 2, 36 Stat. 1352; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      References to "registers of United States land offices" and "such
    registers" changed to "Secretary of the Interior or such officers
    as he may designate" and "the Secretary or such officers",
    respectively, on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.

-End-

-CITE-
    43 USC Secs. 87, 88                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Secs. 87, 88. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966,
      80 Stat. 632, 634, 645, 646

-MISC1-
      Section 87, acts Mar. 3, 1883, ch. 101, Sec. 2, 22 Stat. 484;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, 11 F.R. 7876,
    60 Stat. 1100, related to plats of townships and lists of lands
    sold.
      Section 88, R.S. Sec. 2242; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to
    receipt of illegal fees by registers.

-End-

-CITE-
    43 USC Sec. 89                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 89. Monthly returns of district land offices

-STATUTE-
      The Secretary of the Interior or such officer as he may designate
    shall make to the Secretary of the Treasury monthly returns of the
    moneys received in district land offices, and pay over such money
    pursuant to his instructions.

-SOURCE-
    (R.S. Sec. 2245; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar.
    3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      The office of receiver consolidated with that of register by act
    Mar. 3, 1925, under a register only, the office of receiver being
    abolished. See, also, Transfer of Functions note below.
      R.S. Sec. 2245 derived from act July 4, 1836, ch. 352, Sec. 9, 5
    Stat. 111.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "registers", "district land offices" substituted
    for "their several offices", and former last sentence relating to
    returns to Commissioner of the General Land Office omitted on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 90                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 90. Omitted

-COD-
                               CODIFICATION                           
      Section, act July 1, 1946, ch. 529, 60 Stat. 352, which required
    authorization of Commissioner of the General Land Office for
    expenses chargeable to the Government incurred by registers, was
    omitted pursuant to Reorg. Plan No. 3 of 1946, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under
    section 1 of this title, which abolished the offices of registers
    and Commissioner of the General Land Office. Section was not
    repeated in the Interior Department Appropriation Act, 1948, act
    July 25, 1947, ch. 337, 61 Stat. 460. Similar provisions were
    contained in the following prior appropriation acts:
      July 3, 1945, ch. 262, 59 Stat. 323.
      June 28, 1944, ch. 298, 58 Stat. 468.
      July 12, 1943, ch. 219, 57 Stat. 455.
      July 2, 1942, ch. 473, 56 Stat. 511.
      June 28, 1941, ch. 259, 55 Stat. 310.
      June 18, 1940, ch. 395, 54 Stat. 412.
      May 10, 1939, ch. 119, 53 Stat. 692.
      May 9, 1938, ch. 187, 52 Stat. 297.
      Aug. 9, 1937, ch. 570, 50 Stat. 569.
      June 22, 1936, ch. 691, 49 Stat. 1762.
      May 9, 1935, ch. 101, 49 Stat. 180.
      Mar. 2, 1934, ch. 38, 48 Stat. 366.
      Feb. 17, 1933, ch. 98, 47 Stat. 823.
      Apr. 22, 1932, ch. 125, 47 Stat. 93.
      Feb. 14, 1931, ch. 187, 46 Stat. 1117.
      May 14, 1930, ch. 273, 46 Stat. 283.
      Mar. 4, 1929, ch. 705, 45 Stat. 1565.
      Mar. 7, 1938, ch. 137, 45 Stat. 203.
      Jan. 12, 1927, ch. 27, 44 Stat. 938.
      May 10, 1926, ch. 277, 44 Stat. 457.
      June 5, 1924, ch. 264, 43 Stat. 395.
      Jan. 24, 1923, ch. 42, 42 Stat. 1179.
      May 24, 1922, ch. 199, 42 Stat. 557.
      June 12, 1917, ch. 27, 40 Stat. 142.
      Mar. 3, 1915, ch. 75, 38 Stat. 855.

-End-

-CITE-
    43 USC Sec. 91                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 91. Deposit in Treasury of unearned fees and unofficial moneys

-STATUTE-
      Officers of district land officers, as designated by the
    Secretary of the Interior are authorized, under the direction of
    the Secretary of the Interior or such officer as he may designate,
    to deposit to the credit of the Treasurer of the United States all
    unearned fees and unofficial moneys that have been carried upon the
    books of their respective offices for a period of five years or
    more, which sums shall be covered into the Treasury by warrant and
    carried to the credit of the parties from whom such fees or moneys
    were received, and into an appropriation account to be denominated
    "Outstanding liabilities."

-SOURCE-
    (Mar. 2, 1907, ch. 2562, Sec. 1, 34 Stat. 1245; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      This section, as originally enacted, related to receivers of
    public moneys for land districts. The office of receiver was
    consolidated with that of register by acts Mar. 3, 1925, and Oct.
    28, 1921, under which the office of receiver was abolished. See,
    also, Transfer of Functions note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officers of district land offices, as designated by the
    Secretary of the Interior," substituted for "registers" and
    "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-MISC1-
                              APPROPRIATIONS                          
      Effective July 1, 1935, the appropriation provided for in this
    section was repealed and provision was made for annual
    appropriations of sums necessary to meet expenditures by act June
    26, 1934, ch. 756, Sec. 17, 48 Stat. 1230, which was repealed by
    Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1074. See
    section 1322 of Title 31, Money and Finance.

-End-

-CITE-
    43 USC Sec. 92                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 92. Lists furnished with deposits

-STATUTE-
      At the time of making such deposit the officer designated by the
    Secretary of the Interior shall furnish a list showing the date
    when the money was paid to him or to his predecessor; the names and
    residences of the parties; the purposes of the payments and the
    amounts thereof, which list shall bear the certificate of the
    officer that the same is correct; that the amounts are due and
    payable; that diligence has been exercised to return the same, and
    that the sums specified have remained unclaimed for a period of
    five years or more.

-SOURCE-
    (Mar. 2, 1907, ch. 2562, Sec. 2, 34 Stat. 1245; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      This section, as originally enacted, related to receivers of
    public moneys for land districts. The office of receiver was
    consolidated with that of register by acts Mar. 3, 1925, and Oct.
    28, 1921, under which the office of receiver was abolished. See,
    also, Transfer of Functions note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "officer designated by the Secretary of the Interior" and
    "officer" substituted for "register" on authority of section 403 of
    Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
    title.

-End-

-CITE-
    43 USC Sec. 93                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 93. Deposit of moneys deposited by unknown parties

-STATUTE-
      Amounts that appear in the accounts of a district land office as
    "Moneys deposited by unknown parties" shall also be deposited to
    the credit of the Treasurer of the United States, accompanied by a
    list showing the amount and, if possible, the date of the receipt
    of each item; which list shall bear the certificate of the officer
    designated by the Secretary of the Interior that, after careful
    investigation, the ownership of said moneys could not be
    determined, and that they have been reported in the unearned fees
    and unofficial moneys accounts for five years or more.

-SOURCE-
    (Mar. 2, 1907, ch. 2562, Sec. 3, 34 Stat. 1245; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      This section, as originally enacted, related to receivers of
    public moneys for land districts. The office of receiver was
    consolidated with that of register by acts Mar. 3, 1925, and Oct.
    28, 1921, under which the office of receiver was abolished. See,
    also, Transfer of Functions note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "the accounts of a district land office" substituted for "a
    register's accounts" and "officer designated by the Secretary of
    the Interior" substituted for "register" on authority of section
    403 of 1946 Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.

-End-

-CITE-
    43 USC Sec. 94                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 94. Reimbursement of sums disbursed as special disbursing
      agents

-STATUTE-
      The Secretary of the Treasury is authorized and directed to pay,
    out of any unexpended balances of appropriations for contingent
    expenses of land offices, for the expenses of hearings in land
    entries and the expenses of depositing public moneys, such sums as
    have been or may be disbursed by officers designated by the
    Secretary of the Interior acting as special disbursing agents at
    United States land offices, before the receipt of Government funds:
    Provided, That no payment shall be made under this section in
    excess of the amount appropriated by the Congress for the
    particular purpose in each instance and for the fiscal year in
    which such disbursements were made: Provided, That all such
    disbursements shall have been or shall be made in pursuance of law
    in carrying out departmental regulations or to meet authorizations
    by the Secretary of the Interior or such officer as he may
    designate: Provided further, That the accounts containing such
    items shall have been duly approved by the Secretary of the
    Interior or such officer as he may designate.

-SOURCE-
    (Mar. 2, 1907, ch. 2563, 34 Stat. 1245; Oct. 28, 1921, ch. 114,
    Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100.)

-COD-
                               CODIFICATION                           
      This section, as originally enacted, referred to receivers of
    public moneys. The office of receiver was consolidated with that of
    register by acts Mar. 3, 1925, and Oct. 28, 1921, under which the
    office of receiver was abolished. See, also, Transfer of Functions
    note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officers designated by the Secretary of the Interior"
    substituted for "registers" and "Secretary of the Interior or such
    officer as he may designate" substituted for "Commissioner of the
    General Land Office" on authority of section 403 of Reorg. Plan No.
    3 of 1946. See note set out under section 1 of this title.

-End-

-CITE-
    43 USC Secs. 95 to 98a                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Secs. 95 to 98a. Repealed. Pub. L. 86-649, title II, Sec. 204(b),
      July 14, 1960, 74 Stat. 507

-MISC1-
      Section 95, acts Mar. 26, 1908, ch. 102, Sec. 1, 35 Stat. 48;
    Dec. 11, 1919, ch. 5, 41 Stat. 366, related to repayment of
    purchase moneys paid under applications rejected.
      Section 96, acts Mar. 26, 1908, ch. 102, Sec. 2, 35 Stat. 48;
    Dec. 11, 1919, ch. 5, 41 Stat. 366, related to repayment of excess
    payments.
      Section 97, acts Mar. 26, 1908, ch. 102, Sec. 3, 35 Stat. 48;
    Dec. 11, 1919, ch. 5, 41 Stat. 366; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    certification of amount of excess moneys and repayment.
      Section 98, act Mar. 26, 1908, ch. 102, Sec. 4, as added Dec. 11,
    1919, ch. 5, 41 Stat. 367, related to rules and regulations.
      Section 98a, act June 27, 1930, ch. 642, 46 Stat. 822, made
    sections 95 to 98 of this title applicable to all payments in
    excess of lawful requirements made under statutes relating to
    disposition of public lands.

-End-

-CITE-
    43 USC Sec. 99                                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 99. Repayment of moneys deposited and covered into Treasury

-STATUTE-
      Any person or persons who shall have made payment to an officer
    designated by the Secretary of the Interior or to his predecessor,
    and the money shall have been covered into the Treasury pursuant to
    section 91 or 93 of this title, shall, on presenting satisfactory
    evidence of such payment to the Government Accountability Office,
    be entitled to have the same returned by the settlement of an
    account and the issuing of a warrant in his favor according to the
    practice in other cases of authorized and liquidated claims against
    the United States: Provided, That when such moneys shall remain
    unclaimed in the Treasury for more than five years the right to
    recover the same shall be barred: Provided, That no homestead
    entryman shall be required to make payment of the purchase money on
    any application to make a cash entry until the same shall have been
    approved by the officer designated by the Secretary of the
    Interior, but such payment shall be made within ten days after
    notice of such approval.

-SOURCE-
    (Mar. 2, 1907, ch. 2562, Sec. 4, 34 Stat. 1245; June 10, 1921, ch.
    18, title III, Sec. 304, 42 Stat. 24; Oct. 28, 1921, ch. 114, Sec.
    1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-COD-
                               CODIFICATION                           
      This section, as originally enacted, related to receivers of
    public moneys for land districts. The office of receiver was
    consolidated with that of register by acts Mar. 3, 1925, and Oct.
    28, 1921, under which the office of receiver was abolished. See,
    also, Transfer of Functions note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "officer designated by the Secretary of the Interior"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946. See note set out under section 1 of this title.
      "Government Accountability Office" substituted in text for
    "General Accounting Office" pursuant to section 8(b) of Pub. L. 108-
    271, set out as a note under section 702 of Title 31, Money and
    Finance, which redesignated the General Accounting Office and any
    references thereto as the Government Accountability Office.
    Previously, "General Accounting Office" substituted in text for
    "proper officer of the Treasury Department" pursuant to act June
    10, 1921, which transferred all powers and duties of the
    Comptroller, six auditors, and certain other employees of the
    Treasury to the General Accounting Office. See section 701 et seq.
    of Title 31.

-End-

-CITE-
    43 USC Sec. 100                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 100. Disqualification

-STATUTE-
      No officer shall receive evidence in, hear, or determine any
    cause pending in any district land office in which cause he is
    interested directly or indirectly, or has been of counsel, or where
    he is related to any of the parties in interest by consanguinity or
    affinity within the fourth degree, computing by the rules adopted
    by the common law.

-SOURCE-
    (Jan. 11, 1894, ch. 10, Sec. 1, 28 Stat. 26; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      This section, as originally enacted, was applicable to both
    registers and receivers. The office of receiver was abolished by
    acts Oct. 28, 1921, and Mar. 3, 1925, which consolidated the two
    offices. See, also, Transfer of Functions note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Word "officer" substituted for "register" on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.

-End-

-CITE-
    43 USC Sec. 101                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 101. Report of disqualification; designation of officer to act

-STATUTE-
      It shall be the duty of every officer so disqualified to report
    the fact of his disqualification to the Secretary of the Interior
    or such officer as he may designate as soon as he shall ascertain
    it, and before the hearing of such cause, who thereupon, with the
    approval of the Secretary of the Interior, shall designate some
    other officer or special agent of the Land Department to act in the
    place of the disqualified officer, and the same authority is
    conferred on the officer so designated which such officer would
    otherwise have possessed to act in such case.

-SOURCE-
    (Jan. 11, 1894, ch. 10, Sec. 2, 28 Stat. 26; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Word "officer" substituted for "register" and "Secretary of the
    Interior or such officer as he may designate" substituted for
    "Commissioner of the General Land Office" on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 102                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 102. Attendance of witnesses

-STATUTE-
      Officers of district land offices designated by the Secretary of
    the Interior in all matters requiring a hearing before them are
    authorized and empowered to issue subpoenas directing the
    attendance of witnesses, which subpoenas may be served by any
    person by delivering a true copy thereof to such witness, and when
    served, witnesses shall be required to attend in obedience thereto:
    Provided, That if any subpoena be served under the provisions of
    this section by any person other than an officer authorized by the
    laws of the United States, or of the State or Territory in which
    the depositions are taken, the service thereof shall be proved by
    the affidavit of the person serving the same: Provided further,
    That said subpoenas shall be served within the county in which
    attendance is required, and at least five days before attendance is
    required.

-SOURCE-
    (Jan. 31, 1903, ch. 344, Sec. 1, 32 Stat. 790; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      The original text of this section referred to both registers and
    receivers, but reference to the latter was omitted in view of the
    abolition of such office under acts Oct. 28, 1921, and Mar. 3,
    1925, which provided for the consolidation of the two offices under
    a register only. See, also, Transfer of Functions note below.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officers of district land offices designated by the Secretary of
    the Interior" substituted for "Registers of the land office, or
    either of them," on authority of section 403 of Reorg. Plan No. 3
    of 1946. See note set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 103                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 103. Witnesses' fees

-STATUTE-
      Witnesses shall have the right to receive their fee for one day's
    attendance and mileage in advance. The fees and mileage of
    witnesses shall be the same as that provided by law in the district
    courts of the United States in the district in which such land
    offices are situated; and the witness shall be entitled to receive
    his fee for attendance in advance from day to day during the
    hearing.

-SOURCE-
    (Jan. 31, 1903, ch. 344, Sec. 2, 32 Stat. 790.)

-End-

-CITE-
    43 USC Sec. 104                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 104. Disobedience to subpoena

-STATUTE-
      Any person willfully neglecting or refusing obedience to such
    subpoena, or neglecting or refusing to appear and testify when
    subpoenaed, his fees having been paid if demanded, shall be deemed
    guilty of a misdemeanor, for which he shall be punished by
    indictment in the district court of the United States or in the
    district courts of the Territories exercising the jurisdiction of
    district courts of the United States. The punishment for such
    offense, upon conviction, shall be a fine of not more than $200, or
    imprisonment not to exceed ninety days, or both, at the discretion
    of the court: Provided, That if such witness has been prevented
    from obeying such subpoena without fault upon his part he shall not
    be punished under the provisions of this section.

-SOURCE-
    (Jan. 31, 1903, ch. 344, Sec. 3, 32 Stat. 790; Mar. 3, 1911, ch.
    231, Sec. 291, 36 Stat. 1167.)

-COD-
                               CODIFICATION                           
      Act Mar. 3, 1911, conferred the powers and duties of the former
    circuit courts upon the district courts.

-End-

-CITE-
    43 USC Sec. 105                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 105. Depositions of witnesses residing outside county

-STATUTE-
      Whenever the witness resides outside the county in which the
    hearing occurs any party to the proceeding may take the testimony
    of such witness in the county of such witness's residence in the
    form of depositions by giving ten days' written notice of the time
    and place of taking such depositions to the opposite party or
    parties. The depositions may be taken before any United States
    magistrate judge, notary public, judge, or clerk of a court of
    record. Subpoenas for witnesses before the officer taking
    depositions may issue from the office of the officer designated by
    the Secretary of the Interior or may be issued by the officer
    taking the depositions, and disobedience thereof, as defined in
    section 104 of this title, shall also be punished; and the witness
    shall receive the same fees and mileage and be subject to the same
    penalties in all respects as in case of violation of a subpoena to
    appear before the officer designated by the Secretary of the
    Interior and subject to the same limitations. The fees of the
    officer taking the depositions shall be the same as those allowed
    in the State or Territorial courts, and shall be paid by the party
    taking the deposition, and an itemized account of the fees shall be
    made by the officer taking the depositions and attached to the
    depositions.

-SOURCE-
    (Jan. 31, 1903, ch. 344, Sec. 4, 32 Stat. 790; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17,
    1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
    1990, 104 Stat. 5117.)

-COD-
                               CODIFICATION                           
      The original text of this section referred to both registers and
    receivers, but reference to the latter was omitted in view of the
    abolition of such office under acts Mar. 3, 1925, and Oct. 28,
    1921, which provided for the consolidation of the two offices under
    a register only. See, also, Transfer of Functions note below.

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judge" substituted in text for "United
    States magistrate" pursuant to section 321 of Pub. L. 101-650, set
    out as a note under section 631 of Title 28, Judiciary and Judicial
    Procedure. Previously, "United States magistrate" substituted for
    "United States commissioner" pursuant to Pub. L. 90-578. See
    chapter 43 (Sec. 631 et seq.) of Title 28.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "officer designated by the Secretary of the Interior"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946. See note set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 106                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 106. Continuing taking of depositions in behalf of opposite
      party

-STATUTE-
      Whenever the taking of any depositions taken in pursuance of
    section 105 of this title is concluded the opposite party may
    proceed at once at his own expense to take depositions in his own
    behalf, at the same time and place and before the same officer:
    Provided, That he shall, before taking of the depositions in the
    first instance is entered upon, give notice to the opposing party,
    or any agent or attorney representing him in the taking of said
    depositions of his intention to do so.

-SOURCE-
    (Jan. 31, 1903, ch. 344, Sec. 5, 32 Stat. 791.)

-End-

-CITE-
    43 USC Sec. 107                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 4 - DISTRICT LAND OFFICES

-HEAD-
    Sec. 107. Penalty for false information

-STATUTE-
      If any person applies to any officer designated by the Secretary
    of the Interior to enter any land whatever, and the officer
    knowingly and falsely informs the person so applying that the same
    has already been entered, and refuses to permit the person so
    applying to enter the same, such officer shall be liable therefor,
    to the person so applying, for $5 for each acre of land which the
    person so applying offered to enter, to be recovered by action of
    debt in any court of record having jurisdiction of the amount.

-SOURCE-
    (R.S. Sec. 2247; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2247 derived from act July 4, 1836, ch. 352, Sec. 13, 5
    Stat. 112.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      References to "register" changed to "officer designated by the
    Secretary of the Interior" and "officer" on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.

-End-

-CITE-
    43 USC CHAPTER 5 - LAND DISTRICTS                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
                        CHAPTER 5 - LAND DISTRICTS                    

-MISC1-
    Sec.                                                     
    121.        Discontinuance of land offices by President.          
    122.        Discontinuance of land offices by Secretary of the
                 Interior.                                            
    123.        Continuance of land offices when required by public
                 convenience.                                         
    123a.       Continuation of existing land districts and offices in
                 Alaska; change of district boundaries, or
                 discontinuance of districts; designation and location
                 of land offices.                                     
    124.        Consolidation of land offices.                        
    125.        Annexation of discontinued district to adjacent
                 district.                                            
    126.        Change of location of land offices.                   
    127.        Change of boundaries of land districts.               
    128.        Division or change of boundaries; continuance of
                 business of original district.                       
    129.        Office rent and clerk hire for consolidated land
                 offices.                                             
    130.        Entry of public lands in States where no land offices
                 exist.                                               

-End-

-CITE-
    43 USC Sec. 121                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 121. Discontinuance of land offices by President

-STATUTE-
      Upon the recommendation of the Secretary of the Interior, the
    President may order the discontinuance of any land office and the
    transfer of any of its business and archives to any other land
    office within the same State or Territory.

-SOURCE-
    (R.S. Sec. 2252; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2252 derived from act May 30, 1862, ch. 86, Sec. 5, 12
    Stat. 409.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "the Commissioner of the General Land Office, approved by"
    omitted on authority of section 403 of Reorg. Plan No. 3 of 1946.
    See note set out under section 1 of this title.

                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.

-End-

-CITE-
    43 USC Sec. 122                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 122. Discontinuance of land offices by Secretary of the
      Interior

-STATUTE-
      Whenever the quantity of public land remaining unsold in any land
    district is reduced to a number of acres less than one hundred
    thousand, it shall be the duty of the Secretary of the Interior to
    discontinue the land office of such district; and if any land in
    any such district remains unsold at the time of the discontinuance
    of a land office, the same shall be subject to sale at some one of
    the existing land offices most convenient to the district in which
    the land office has been discontinued, of which the Secretary of
    the Interior shall give notice.

-SOURCE-
    (R.S. Sec. 2248.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2248 derived from act June 12, 1840, ch. 36, Sec. 2, 5
    Stat. 385.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 123                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 123. Continuance of land offices when required by public
      convenience

-STATUTE-
      The Secretary of the Interior may continue any land district in
    which is situated the seat of government of any one of the States,
    and may continue the land office in such district, notwithstanding
    the quantity of land unsold in such district may not amount to one
    hundred thousand acres, when, in his opinion, such continuance is
    required by public convenience, or in order to close the land
    system in such State.

-SOURCE-
    (R.S. Sec. 2249.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2249 derived from act Sept. 4, 1841, ch. 16, Sec. 7, 5
    Stat. 455.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 123a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 123a. Continuation of existing land districts and offices in
      Alaska; change of district boundaries, or discontinuance of
      districts; designation and location of land offices

-STATUTE-
      Subject to the authority conferred upon the Secretary of the
    Interior by this section, the land districts and land offices
    existing in Alaska on October 9, 1942 are continued. The Secretary
    of the Interior is authorized and empowered in his discretion to
    change the boundaries of, or discontinue, any land district in
    Alaska, and in lieu thereof to designate such land district, or
    land region, as, in his opinion, is necessary for the transaction
    of the business relating to the public lands in the Territory and
    to designate or change the location of any land office for such
    land district or land region.

-SOURCE-
    (Oct. 9, 1942, ch. 584, Sec. 6, 56 Stat. 779.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 365 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                 LAND DISTRICTS AND LAND OFFICES CONTINUED             
      Provisions of acts Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 20;
    Mar. 2, 1907, ch. 2537, Sec. 1, 34 Stat. 1232, which constituted
    former section 365 of Title 48, Territories and Insular
    Possessions, and were repealed by section 7 of Act Oct. 9, 1942,
    which enacted this section, read as follows: "There shall be two
    land districts in Alaska, the boundaries of which shall be
    designated by the President, to be known as the Nome land district
    and the Fairbanks land district, with the land offices located,
    respectively, at Nome, Alaska, and Fairbanks, Alaska, and one other
    land district and land office, the location of which shall be fixed
    by the President."

-End-

-CITE-
    43 USC Sec. 124                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 124. Consolidation of land offices

-STATUTE-
      It shall be the duty of the Secretary of the Interior to
    consolidate the district land offices where practicable and
    consistent with the public interests.

-SOURCE-
    (Aug. 5, 1892, ch. 380, Sec. 1, 27 Stat. 368.)

-MISC1-
                              APPROPRIATIONS                          
      The Secretary of the Interior was required to consolidate the
    district land offices so as to bring the total compensation of the
    registers and receivers for the fiscal year 1894, within the
    appropriation made therefor by the sundry Civil Appropriation Act
    for that year, act Mar. 3, 1893, ch. 208, 27 Stat. 591, which was
    fixed at $520,000.

-End-

-CITE-
    43 USC Sec. 125                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 125. Annexation of discontinued district to adjacent district

-STATUTE-
      Whenever the cost of collecting the revenue from the sales of the
    public lands in any land district is as much as one-third of the
    whole amount of revenue collected in such district, it may be
    lawful for the President, if, in his opinion, not incompatible with
    the public interest, to discontinue the land office in such
    district, and to annex the same to some other adjoining land
    district.

-SOURCE-
    (R.S. Sec. 2250.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2250 derived from act Mar. 3, 1853, ch. 97, Sec. 1, 10
    Stat. 189, 194.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.

-End-

-CITE-
    43 USC Sec. 126                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 126. Change of location of land offices

-STATUTE-
      The President is authorized to change the location of the land
    offices in the several land districts established by law, and to
    relocate the same from time to time at such point in the district
    as he deems expedient.

-SOURCE-
    (R.S. Sec. 2251.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2251 derived from acts Mar. 3, 1853, ch. 97, Sec. 1, 10
    Stat. 204; Mar. 3, 1853, ch. 144, 10 Stat. 244.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.

-End-

-CITE-
    43 USC Sec. 127                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 127. Change of boundaries of land districts

-STATUTE-
      The President is authorized to change and reestablish the
    boundaries of land districts whenever, in his opinion, the public
    interests will be subserved thereby, without authority to increase
    the number of land offices or land districts.

-SOURCE-
    (R.S. Sec. 2253.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2253 derived from act June 29, 1870, ch. 171, 16 Stat.
    171.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Interior of authority vested
    in President by this section, see Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.

-End-

-CITE-
    43 USC Sec. 128                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 128. Division or change of boundaries; continuance of business
      of original district

-STATUTE-
      In case of the division of existing land districts by the
    erection of new ones, or by a change of boundaries by the
    President, all business in such original districts shall be
    entertained and transacted without prejudice or change, until the
    offices in the new districts are duly opened by public announcement
    under the direction of the Secretary of the Interior. All sales or
    disposals of the public lands heretofore regularly made at any land
    office, after such lands have been made part of another district by
    any Act of Congress, or by any act of the President, are confirmed,
    provided the same are free from conflict with prior valid rights.

-SOURCE-
    (R.S. Sec. 2254.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2254 derived from act May 31, 1872, ch. 241, 17 Stat.
    192.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 129                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 129. Office rent and clerk hire for consolidated land offices

-STATUTE-
      The Secretary of the Interior is authorized to make a reasonable
    allowance for office rent for each consolidated land office; and
    when satisfied of the necessity therefor, to approve the employment
    of one or more clerks, at a reasonable per diem compensation, for
    such time as such clerical force is absolutely required to keep up
    the current public business, which clerical force shall be paid out
    of the surplus fees authorized to be charged by section 84 (!1) of
    this title, if any, and if no surplus exists, then out of the
    appropriation for incidental expenses of district land offices; but
    no clerk shall be so paid unless his employment has been first
    sanctioned by the Secretary of the Interior.

-SOURCE-
    (R.S. Sec. 2255; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 84 of this title, referred to in text, was repealed by
    Pub. L. 86-649, title II, Sec. 202(b), July 14, 1960, 74 Stat. 507.
    See section 1734 of this title.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2255 derived from act Feb. 18, 1861, ch. 38, Sec. 2, 12
    Stat. 131.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "by the register" following "to approve the employment"
    omitted on authority of section 403 of Reorg. Plan No. 3 of 1946.
    See note set out under section 1 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 130                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 5 - LAND DISTRICTS

-HEAD-
    Sec. 130. Entry of public lands in States where no land offices
      exist

-STATUTE-
      Public lands situated in States in which there are no land
    offices may be entered at the Bureau of Land Management, subject to
    the provisions of law touching the entry of public lands; and the
    necessary proofs and affidavits required in such cases may be made
    before some officer competent to administer oaths, whose official
    character shall be duly certified by the clerk of a court of
    record. And moneys received by the Secretary of the Interior, or
    such officer as he may designate, for lands entered by cash entry
    shall be covered into the Treasury.

-SOURCE-
    (Mar. 3, 1877, ch. 102, Sec. 1, 19 Stat. 315; June 19, 1878, ch.
    329, Sec. 1, 20 Stat. 201; 1946 Reorg. Plan No. 3, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    and "Secretary of the Interior, or such officer as he may
    designate," substituted for "Commissioner of the General Land
    Office" on authority of section 403 of Reorg. Plan No. 3 of 1946.
    See note set out under section 1 of this title.

-End-

-CITE-
    43 USC CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION,
           SALE, OR ENTRY                                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
     CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY 

-MISC1-
    Sec.                                                     
    141.        Repealed.                                             
    142.        Rights of occupants or claimants of oil- or
                 gas-bearing lands; exceptions to withdrawals.        
    143.        Repealed.                                             
    144.        Entries on land withdrawn as valuable for oil or gas
                 validated.                                           
    145.        Sale of lands withdrawn.                              
    146.        Patents to purchasers of lands withdrawn.             
    147.        Disposition of proceeds of sale of withdrawn lands.   
    148.        Repealed.                                             
    149.        Exchange of private lands included in Indian
                 reservation for other lands.                         
    150.        Withdrawals of land for Indian reservations
                 prohibited.                                          
    151.        Opening of lands restored to entry after withdrawals. 
    152.        Restoration of lands previously withdrawn.            
    153.        Reservation of lands in North Dakota.                 
    154.        Vacation of withdrawals under reclamation law; lands
                 valuable for minerals; reservation of rights, ways,
                 and easements; rules and regulations.                
    155.        Withdrawal, reservation, or restriction of public
                 lands for defense purposes; "public lands" defined;
                 exception.                                           
    156.        Approval by Congress necessary for withdrawal,
                 reservation, or restriction of over 5,000 acres for
                 any Department of Defense project or facility.       
    157.        Application for withdrawal, reservation, or
                 restriction; specifications.                         
    158.        Mineral resources on withdrawn lands; disposition and
                 exploration.                                         

-End-

-CITE-
    43 USC Sec. 141                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 141. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act June 25, 1910, ch. 421, Sec. 1, 36 Stat. 847,
    authorized the withdrawal and reservation of lands for water-power
    sites and other purposes.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that this section is
    repealed effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-EXEC-
                EX. ORD. NO. 10355. DELEGATION OF AUTHORITY            
      Ex. Ord. No. 10355, eff. May 26, 1952, 17 F.R. 4831, as amended
    by Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov.
    5, 1990, 104 Stat. 1427, 1454, provided:
      Section 1. (a) Subject to the provisions of subsections (b), (c),
    and (d) of this section, I hereby delegate to the Secretary of the
    Interior the authority vested in the President by section 1 of the
    act of June 25, 1910, ch. 421, 36 Stat. 847 [this section], and the
    authority otherwise vested in him to withdraw or reserve lands of
    the public domain and other lands owned or controlled by the United
    States in the continental United States or Alaska for public
    purposes, including the authority to modify or revoke withdrawals
    and reservations of such lands heretofore or hereafter made.
      (b) All orders issued by the Secretary of the Interior under the
    authority of this order shall be designated as public land orders
    and shall be submitted to the Division of the Federal Register,
    General Services Administration, for filing and for publication in
    the Federal Register.
      (c) No order affecting land under the administrative jurisdiction
    of any executive department or agency of the Government other than
    the Department of the Interior shall be issued by the Secretary of
    the Interior under the authority of this order without the prior
    approval or concurrence, so far as the order affects such land, of
    the head of the department or agency concerned, or of such officer
    of the department or agency concerned as the head thereof may
    designate for such purpose: Provided, that such officer is required
    to be appointed by the President by and with the advice and consent
    of the Senate.
      (d) Any disagreement between two or more executive departments or
    agencies with respect to any proposed withdrawal or reservation
    shall be referred to the Director of the Bureau of the Budget [now
    Office of Management and Budget] for consideration and adjustment.
    The Director may, in his discretion, submit the matter to the
    President for his determination.
      Sec. 2. The Secretary of the Interior is authorized to issue such
    rules and regulations, and to prescribe such procedures, as he may
    from time to time deem necessary or desirable for the exercise of
    the authority delegated to him by this order.
      Sec. 3. The Secretary of the Interior is authorized to redelegate
    the authority delegated to him by this order to one or more of the
    following-designated officers: the Deputy Secretary of the Interior
    and the Assistant Secretaries of the Interior.
      Sec. 4. This order supersedes Executive Order No. 9337 of April
    24, 1943, entitled "Authorizing the Secretary of the Interior to
    Withdraw and Reserve Lands of the Public Domain and Other Lands
    Owned or Controlled by the United States".

      EX. ORD. NO. 12688. TRANSFER AUTHORITY CHOCTAWHATCHEE NATIONAL
                              FOREST, FLORIDA
      Ex. Ord. No. 12688, Aug. 15, 1989, 54 F.R. 34129, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including Pub. L. No.
    668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to ensure that
    excess property under the control of the Department of Defense
    within and adjacent to the Choctawhatchee National Forest, Florida,
    is transferred to the Department of Agriculture for inclusion in
    the National Forest, it is hereby ordered as follows:
      The Secretary of Defense is hereby delegated the President's
    authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655
    (1940), to transfer such property within or adjacent to the
    boundaries of Choctawhatchee National Forest, Florida, that is no
    longer required for military purposes, to the Secretary of
    Agriculture to be restored to national forest status. To the extent
    this order delegates the President's authority under Pub. L. No.
    668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to the Secretary of
    Defense, it supersedes Executive Order No. 10355 [set out above],
    which delegates the President's authority to revoke withdrawals and
    reservations of public lands to the Secretary of the Interior. The
    Secretary of Defense will document the transaction by letter of
    transfer between the Departments. The Secretary of Defense, 30 days
    prior to taking any action to transfer property pursuant to this
    order, shall notify the Secretary of the Interior of the effective
    date and time for "opening" of the lands to relevant land laws. The
    authority delegated by this order may be further redelegated within
    the Department of Defense.
                                                            George Bush.

-End-

-CITE-
    43 USC Sec. 142                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 142. Rights of occupants or claimants of oil- or gas-bearing
      lands; exceptions to withdrawals

-STATUTE-
      This section and section 141 (!1) of this title shall not be
    construed as a recognition, abridgment, or enlargement of any
    asserted rights or claims initiated upon any oil- or gas-bearing
    lands after any withdrawal of such lands made prior to June 25,
    1910: And provided further, That there shall be excepted from the
    force and effect of any withdrawal made under the provisions of
    this section and section 141 (!1) of this title all lands which
    are, on the date of such withdrawal, embraced in any lawful
    homestead or desert-land entry theretofore made, or upon which any
    valid settlement has been made and is at said date being maintained
    and perfected pursuant to law; but the terms of this proviso shall
    not continue to apply to any particular tract of land unless the
    entryman or settler shall continue to comply with the law under
    which the entry or settlement was made.

-SOURCE-
    (June 25, 1910, ch. 421, Sec. 2, 36 Stat. 847; Aug. 24, 1912, ch.
    369, 37 Stat. 497; Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21,
    1976, 90 Stat. 2792.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 141 of this title, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.
    2792.

-COD-
                               CODIFICATION                           
      Act Aug. 24, 1912, substituted "metalliferous minerals" for
    "minerals other than coal, oil, gas, and phosphates" in the first
    clause of this section, and "June 25, 1910" for "the passage of
    this Act" in the second proviso of this section.
      In the last proviso of this section, "national forest"
    substituted for "forest reserve", in view of act Mar. 4, 1907, ch.
    2907, 34 Stat. 1269, providing that forest reserves should be known
    as national forests.
      The provisions of the last proviso of this section were also
    classified to section 471 of Title 16, Conservation.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out provisions that all lands
    withdrawn under the act of June 25, 1910, be open to exploration,
    occupation, and purchase under the mineral laws of the United
    States in respect to minerals other than coal, oil, gas, and
    phosphates and that no national forest be created or additions
    thereto made to those created before Aug. 24, 1912, in Oregon,
    Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of
    Congress.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 143                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 143. Repealed. Pub. L. 86-533, Sec. 1(14), June 29, 1960, 74
      Stat. 248

-MISC1-
      Section, act June 25, 1910, ch. 421, Sec. 3, 36 Stat. 848,
    required Secretary of the Interior to report withdrawals to
    Congress.

-End-

-CITE-
    43 USC Sec. 144                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 144. Entries on land withdrawn as valuable for oil or gas
      validated

-STATUTE-
      Entries existing on February 7, 1925, and allowed prior to April
    1, 1924, under the Stock Raising Homestead Act of December 29, 1916
    (Thirty-ninth Statutes at Large, page 862) [43 U.S.C. 291 et seq.],
    for land withdrawn as valuable for oil or gas, but not otherwise
    reserved or withdrawn, are validated, if otherwise regular:
    Provided, That at date of entry the land was not within the limits
    of the geologic structure of a producing oil or gas field.

-SOURCE-
    (Feb. 7, 1925, ch. 147, Sec. 12, 43 Stat. 812.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Stock Raising Homestead Act of December 29, 1916, referred to
    in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, as amended,
    which was classified generally to subchapter X (Sec. 291 et seq.)
    of chapter 7 of this title and was repealed by Pub. L. 94-579,
    title VII, Secs. 702, 704(a), Oct. 21, 1976, 90 Stat. 2787, 2792,
    except for sections 9 and 11 which are classified to sections 299
    and 301, respectively, of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    291 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 145                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 145. Sale of lands withdrawn

-STATUTE-
      Whenever in the opinion of the Secretary of the Interior any
    lands which have been withdrawn under the provisions of sections
    141 (!1) and 142 of this title for the purpose of exploratory
    drilling to discover water supplies for irrigation or other
    purposes, and which have had wells or other permanent improvements
    placed thereon by and at the expense of the United States are no
    longer needed for the purpose for which they were withdrawn and
    improved, the Secretary of the Interior may appraise the lands,
    together with the improvements thereon, and thereafter sell the
    same to a citizen of the United States for not less than the
    appraised value at public auction to the highest bidder, after
    giving public notice of the time and place of sale by posting upon
    the land and publication for not less than thirty days in a
    newspaper of general circulation in the vicinity of the land.

-SOURCE-
    (Jan. 26, 1921, ch. 27, Sec. 1, 41 Stat. 1089.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 141 of this title, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.
    2792.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 146                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 146. Patents to purchasers of lands withdrawn

-STATUTE-
      Upon payment of the purchase price the Secretary of the Interior
    is authorized by appropriate patent to convey all the right, title,
    and interest in and to said lands to the purchaser at said sale,
    subject, however, to such reservations, limitations, or conditions
    as said Secretary may deem proper: Provided, That not over one
    hundred and sixty acres shall be sold to any one person: Provided
    further, That any patent issued hereunder shall contain a
    reservation to the United States of all oil, gas, coal, and other
    mineral.

-SOURCE-
    (Jan. 26, 1921, ch. 27, Sec. 2, 41 Stat. 1089.)

-End-

-CITE-
    43 USC Sec. 147                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 147. Disposition of proceeds of sale of withdrawn lands

-STATUTE-
      The moneys derived from the sale of such lands and improvements
    shall be disposed of as are other receipts from the sale and
    disposal of public lands.

-SOURCE-
    (Jan. 26, 1921, ch. 27, Sec. 3, 41 Stat. 1090.)

-End-

-CITE-
    43 USC Sec. 148                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 148. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, acts June 25, 1910, ch. 431, Sec. 13, 36 Stat. 858; June
    29, 1960, Pub. L. 86-533, Sec. 1(13), 74 Stat. 248, authorized
    withdrawal of lands in Indian reservations for power or reservation
    sites.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 149                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 149. Exchange of private lands included in Indian reservation
      for other lands

-STATUTE-
      Any private land over which an Indian reservation has been
    extended by Executive order, may be exchanged at the discretion of
    the Secretary of the Interior and at the expense of the owner
    thereof and under such rules and regulations as may be prescribed
    by the Secretary of the Interior, for vacant, nonmineral,
    nontimbered, surveyed public lands of equal area and value and
    situated in the same State or Territory.

-SOURCE-
    (Apr. 21, 1904, ch. 1402, Sec. 1, 33 Stat. 211.)

-End-

-CITE-
    43 USC Sec. 150                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 150. Withdrawals of land for Indian reservations prohibited

-STATUTE-
      No public lands of the United States shall be withdrawn by
    Executive Order, proclamation, or otherwise, for or as an Indian
    reservation except by act of Congress.

-SOURCE-
    (June 30, 1919, ch. 4, Sec. 27, 41 Stat. 34.)

-End-

-CITE-
    43 USC Sec. 151                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 151. Opening of lands restored to entry after withdrawals

-STATUTE-
      When public lands are excluded from national forests or released
    from withdrawals the President may, whenever in his judgment it is
    proper or necessary, provide for the opening of the lands by
    settlement in advance of entry, by drawing, or by such other method
    as he may deem advisable in the interest of equal opportunity and
    good administration, and in doing so may provide that lands so
    opened shall be subject only to homestead entry by actual settlers
    only or to entry under the desert-land laws for a period not
    exceeding ninety days, the unentered lands to be thereafter subject
    to disposition under the public-land laws applicable thereto.

-SOURCE-
    (Sept. 30, 1913, ch. 15, Sec. 1, 38 Stat. 113.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The desert-land laws, referred to in text, are classified
    generally to chapter 9 (Sec. 321 et seq.) of this title.
      The public-land laws, referred to in text, are classified
    generally to this title.

-End-

-CITE-
    43 USC Sec. 152                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 152. Restoration of lands previously withdrawn

-STATUTE-
      Where under the law the Secretary of the Interior is authorized
    or directed to make restoration of lands previously withdrawn he
    may also restrict the restoration as prescribed in section 151 of
    this title.

-SOURCE-
    (Sept. 30, 1913, ch. 15, Sec. 2, 38 Stat. 114.)

-End-

-CITE-
    43 USC Sec. 153                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 153. Reservation of lands in North Dakota

-STATUTE-
      Upon receipt of a proper deed from the State of North Dakota,
    executed under authority of the act of its legislative assembly,
    approved February 5, 1915, reconveying to the United States title
    to section 16, township 138 north, range 81 west, fifth principal
    meridian, the Secretary of the Interior is authorized to issue
    patents to said State for such vacant, surveyed, unreserved,
    unoccupied, nonmineral public lands as may be selected by said
    State within its boundaries, not exceeding one thousand two hundred
    and eighty acres in aggregate area, and said section when so
    reconveyed shall not be subject to settlement, location, entry, or
    selection under the public land laws, but shall be reserved for the
    use of the Department of Agriculture in carrying on experiments in
    dry-land agriculture at the Northern Great Plains Field Station,
    Mandan, North Dakota.

-SOURCE-
    (July 3, 1916, ch. 219, 39 Stat. 344.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in text, are classified
    generally to this title.

-End-

-CITE-
    43 USC Sec. 154                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 154. Vacation of withdrawals under reclamation law; lands
      valuable for minerals; reservation of rights, ways, and
      easements; rules and regulations

-STATUTE-
      Where public lands of the United States have been withdrawn for
    possible use for construction purposes under the Federal
    reclamation laws, and are known or believed to be valuable for
    minerals and would, if not so withdrawn, be subject to location and
    patent under the general mining laws, the Secretary of the
    Interior, when in his opinion the rights of the United States will
    not be prejudiced thereby, may, in his discretion, open the land to
    location, entry, and patent under the general mining laws,
    reserving such ways, rights, and easements over or to such lands as
    may be prescribed by him and as may be deemed necessary or
    appropriate, including the right to take and remove from such lands
    construction materials for use in the construction of irrigation
    works, and/or the said Secretary may require the execution of a
    contract by the intending locator or entryman as a condition
    precedent to the vesting of any rights in him, when in the opinion
    of the Secretary same may be necessary for the protection of the
    irrigation interests. Such reservations or contract rights may be
    in favor of the United States or irrigation concerns cooperating or
    contracting with the United States and operating in the vicinity of
    such lands. The Secretary may prescribe the form of such contract
    which shall be executed and acknowledged and recorded in the county
    records and United States local land office by any locator or
    entryman of such land before any rights in their favor attach
    thereto, and the locator or entryman executing such contract shall
    undertake such indemnifying covenants and shall grant such rights
    over such lands as in the opinion of the Secretary may be necessary
    for the protection of Federal or private irrigation in the
    vicinity. Notice of such reservation or of the necessity of
    executing such prescribed contract shall be filed in the Bureau of
    Land Management and in the appropriate local land office, and
    notations thereof shall be made upon the appropriate tract books,
    and any location or entry thereafter made upon or for such lands,
    and any patent therefor shall be subject to the terms of such
    contract and/or to such reserved ways, rights, or easements and
    such entry or patent shall contain a reference thereto.
      The Secretary of the Interior may prescribe such rules and
    regulations as may be necessary to enable him to enforce the
    provisions of this section.

-SOURCE-
    (Apr. 23, 1932, ch. 134, Secs. 1, 2, 47 Stat. 136, 137; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, are classified
    generally to chapter 12 (Sec. 371 et seq.) of this title.
      The general mining laws, referred to in text, are classified
    generally to Title 30, Mineral Lands and Mining.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
    set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 155                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 155. Withdrawal, reservation, or restriction of public lands
      for defense purposes; "public lands" defined; exception

-STATUTE-
      Notwithstanding any other provisions of law, except in time of
    war or national emergency hereafter declared by the President or
    the Congress, on and after February 28, 1958 the provisions hereof
    shall apply to the withdrawal and reservation for, restriction of,
    and utilization by, the Department of Defense for defense purposes
    of the public lands of the United States, including public lands in
    the Territories of Alaska and Hawaii: Provided, That - 
        (1) for the purposes of this Act, the term "public lands" shall
      be deemed to include, without limiting the meaning thereof,
      Federal lands and waters of the Outer Continental Shelf, as
      defined in section 1331 of this title, and Federal lands and
      waters off the coast of the Territories of Alaska and Hawaii;
        (2) nothing in this Act shall be deemed to be applicable to the
      withdrawal or reservation of public lands specifically as naval
      petroleum, naval oil shale, or naval coal reserves;
        (3) nothing in this Act shall be deemed to be applicable to the
      warning areas over the Federal lands and waters of the Outer
      Continental Shelf and Federal lands and waters off the coast of
      the Territory of Alaska reserved for use of the military
      departments prior to August 7, 1953, and
        (4) nothing in this section, section 156, or section 157 of
      this title shall be deemed to be applicable either to those
      reservations or withdrawals which expired due to the ending of
      the unlimited national emergency of May 27, 1941, and which
      subsequent to such expiration have been and are now used by the
      military departments with the concurrence of the Department of
      the Interior, or to the withdrawal of public domain lands of the
      Marine Corps Training Center, Twentynine Palms, California, and
      the naval gunnery ranges in the State of Nevada designated as
      Basic Black Rock and Basic Sahwave Mountain.

-SOURCE-
    (Pub. L. 85-337, Sec. 1, Feb. 28, 1958, 72 Stat. 27.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in pars. (1), (2), and (3), is Pub. L. 85-
    337, Feb. 28, 1958, 72 Stat. 27, which enacted sections 155 to 158
    of this title and section 2671 of Title 10, Armed Forces, and
    amended section 472 of former Title 40, Public Buildings, Property,
    and Works. For complete classification of this Act to the Code, see
    Tables.

-MISC1-
                ADMISSION OF ALASKA AND HAWAII TO STATEHOOD            
      Alaska was admitted into the Union on Jan. 3, 1959, on issuance
    of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and
    Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of
    Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For
    Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.
    339, set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions. For Hawaii Statehood Law, see
    Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note
    preceding section 491 of Title 48.

-End-

-CITE-
    43 USC Sec. 156                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 156. Approval by Congress necessary for withdrawal,
      reservation, or restriction of over 5,000 acres for any
      Department of Defense project or facility

-STATUTE-
      No public land, water, or land and water area shall, except by
    Act of Congress, on and after February 28, 1958 be (1) withdrawn
    from settlement, location, sale, or entry for the use of the
    Department of Defense for defense purposes; (2) reserved for such
    use; or (3) restricted from operation of the mineral leasing
    provisions of the Outer Continental Shelf Lands Act [43 U.S.C. 1331
    et seq.], if such withdrawal, reservation, or restriction would
    result in the withdrawal, reservation, or restriction of more than
    five thousand acres in the aggregate for any one defense project or
    facility of the Department of Defense since February 28, 1958, or
    since the last previous Act of Congress which withdrew, reserved,
    or restricted public land, water, or land and water area for that
    project or facility, whichever is later.

-SOURCE-
    (Pub. L. 85-337, Sec. 2, Feb. 28, 1958, 72 Stat. 28.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Outer Continental Shelf Lands Act, referred to in text, is
    act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
    classified generally to subchapter III (Sec. 1331 et seq.) of
    chapter 29 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 1331 of
    this title and Tables.

-End-

-CITE-
    43 USC Sec. 157                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 157. Application for withdrawal, reservation, or restriction;
      specifications

-STATUTE-
      Any application filed on and after February 28, 1958 for a
    withdrawal, reservation, or restriction, the approval of which
    will, under section 156 of this title, require an Act of Congress,
    shall specify - 
        (1) the name of the requesting agency and intended using
      agency;
        (2) location of the area involved, to include a detailed
      description of the exterior boundaries and excepted areas, if
      any, within such proposed withdrawal, reservation, or
      restriction;
        (3) gross land and water acreage within the exterior boundaries
      of the requested withdrawal, reservation, or restriction, and net
      public land, water, or public land and water acreage covered by
      the application;
        (4) the purpose or purposes for which the area is proposed to
      be withdrawn, reserved, or restricted, or if the purpose or
      purposes are classified for national security reasons, a
      statement to that effect;
        (5) whether the proposed use will result in contamination of
      any or all of the requested withdrawal, reservation, or
      restriction area, and if so, whether such contamination will be
      permanent or temporary;
        (6) the period during which the proposed withdrawal,
      reservation, or restriction will continue in effect;
        (7) whether, and if so to what extent, the proposed use will
      affect continuing full operation of the public land laws and
      Federal regulations relating to conservation, utilization, and
      development of mineral resources, timber and other material
      resources, grazing resources, fish and wildlife resources, water
      resources, and scenic, wilderness, and recreation and other
      values; and
        (8) if effecting the purpose for which the area is proposed to
      be withdrawn, reserved, or restricted, will involve the use of
      water in any State, whether, subject to existing rights under
      law, the intended using agency has acquired, or proposes to
      acquire, rights to the use thereof in conformity with State laws
      and procedures relating to the control, appropriation, use, and
      distribution of water.

-SOURCE-
    (Pub. L. 85-337, Sec. 3, Feb. 28, 1958, 72 Stat. 28.)

-End-

-CITE-
    43 USC Sec. 158                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 6 - WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY

-HEAD-
    Sec. 158. Mineral resources on withdrawn lands; disposition and
      exploration

-STATUTE-
      All withdrawals or reservations of public lands for the use of
    any agency of the Department of Defense, except lands withdrawn or
    reserved specifically as naval petroleum, naval oil shale, or naval
    coal reserves, heretofore or hereafter made by the United States,
    shall be deemed to be subject to the condition that all minerals,
    including oil and gas, in the lands so withdrawn or reserved are
    under the jurisdiction of the Secretary of the Interior and there
    shall be no disposition of, or exploration for, any minerals in
    such lands except under the applicable public land mining and
    mineral leasing laws: Provided, That no disposition of, or
    exploration for, any minerals in such lands shall be made where the
    Secretary of Defense, after consultation with the Secretary of the
    Interior, determines that such disposition or exploration is
    inconsistent with the military use of the lands so withdrawn or
    reserved.

-SOURCE-
    (Pub. L. 85-337, Sec. 6, Feb. 28, 1958, 72 Stat. 30.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws and the mineral leasing laws, referred to in
    text, are classified generally to Title 30, Mineral Lands and
    Mining.

-End-

-CITE-
    43 USC CHAPTER 7 - HOMESTEADS                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS

-HEAD-
                          CHAPTER 7 - HOMESTEADS                      

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    161 to 176. Repealed or Transferred.                              
    177.        Patents for lands in New Mexico held under color of
                 title.                                               
    178.        Patents for lands in New Mexico; lands contiguous to
                 Spanish or Mexican land grants.                      
    179, 180.   Repealed.                                             

         SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY     
    181 to 191. Repealed.                                             

                  SUBCHAPTER III - LANDS SUBJECT TO ENTRY              
    201 to 208. Repealed.                                             
    209.        Extension of public-land laws to certain lands in
                 Oklahoma.                                            
    210.        Recognition of equitable claims on certain lands in
                 Oklahoma; validation of homestead entries.           

    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                                  ENTRIES
    211 to 224. Repealed.                                             

     SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                              NONCULTIVATION
    231 to 243a. Repealed.                                            

                   SUBCHAPTER VI - FINAL PROOF GENERALLY               
    251 to 256b. Repealed.                                            

                   SUBCHAPTER VII - PAYMENTS AND REFUNDS               
    261 to 263. Repealed.                                             

                    SUBCHAPTER VIII - ALASKA HOMESTEADS                
    270 to 270-11. Repealed.                                          
    270-12.     Disposal by United States of coal, oil, or gas
                 deposits reserved to United States; entry, reentry,
                 etc., on lands for prospecting, mining, and removal. 
    270-13 to 270-17. Repealed.                                       

             SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD         
    271 to 284. Repealed.                                             

                  SUBCHAPTER X - STOCK-RAISING HOMESTEAD              
    291 to 298. Repealed.                                             
    299.        Reservation of coal and mineral rights.               
                  (a)  General provisions.                            
                  (b)  Exploration; location of mining claims;
                        notices.                                      
                  (c)  Consent.                                       
                  (d)  Authorized mineral activities.                 
                  (e)  Bond.                                          
                  (f)  Plan of operations.                            
                  (g)  Fee.                                           
                  (h)  Reclamation.                                   
                  (i)  State law.                                     
                  (j)  Inspections.                                   
                  (k)  Damages for failure to comply.                 
                  (l)  Payment of financial guarantee.                
                  (m)  Bond release.                                  
                  (n)  Conveyance to surface owner.                   
                  (o)  Definitions.                                   
                  (p)  Minerals covered.                              
    300.        Repealed.                                             
    301.        Rules and regulations.                                
    302.        Repealed.                                             

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Secs. 161 to 164                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 161 to 164. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 161, R.S. Sec. 2289; Mar. 3, 1891, ch. 561, Sec. 5, 26
    Stat. 1097, related to entry of unappropriated public lands.
      Section 162, R.S. Sec. 2290; Mar. 3, 1891, ch. 561, Sec. 5, 26
    Stat. 1097; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,
    1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    application for entry on public lands, and contents for affidavit
    for application.
      Section 163, R.S. Sec. 2295; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record
    of application, registration, and return to Bureau of Land
    Management.
      Section 164, R.S. Sec. 2291; June 6, 1912, ch. 153, 37 Stat. 123,
    related to issuance, etc., of certificate or patent for entered
    lands.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 165                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 165. Transferred

-COD-
                               CODIFICATION                           
      Section, act Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098, which
    related to suspension of entries for correction of clerical errors,
    was transferred to section 1165 of this title.

-End-

-CITE-
    43 USC Secs. 166 to 175                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 166 to 175. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 166, acts May 14, 1880, ch. 89, Sec. 3, 21 Stat. 141;
    June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37
    Stat. 267, related to time for settlers to file application and for
    perfection of entry, marriage of entrywoman, and preferential right
    of entry.
      Section 167, acts Apr. 6, 1914, ch. 51, 38 Stat. 312; Mar. 1,
    1921, ch. 90, 41 Stat. 1193, related to marriage of entryman to
    entrywoman.
      Section 168, act Oct. 17, 1914, ch. 325, 38 Stat. 740, related to
    marriage of entrywoman to alien.
      Section 169, R.S. Sec. 2297; Mar. 3, 1881, ch. 153, 21 Stat. 511;
    June 6, 1912, ch. 153, 37 Stat. 124; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    failure to establish residence and reversion of entered lands to
    Federal Government.
      Section 170, act Oct. 22, 1914, ch. 335, 38 Stat. 766, related to
    rights of wife on abandonment by husband.
      Section 171, R.S. Sec. 2292, related to rights inuring to infant
    children on death of both mother and father.
      Section 172, act June 8, 1880, ch. 136, 21 Stat. 166; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to effect of insanity of settlers upon claims.
      Section 173, R.S. Sec. 2301; Mar. 3, 1891, ch. 561, Sec. 6, 26
    Stat. 1098; June 3, 1896, ch. 312, Sec. 2, 29 Stat. 197, related to
    commutations of entries after 14 months from date of settlement.
      Section 174, R.S. Sec. 2288; Mar. 3, 1891, ch. 561, Secs. 3, 4,
    26 Stat. 1097; Mar. 3, 1905, ch. 1424, 33 Stat. 991, related to
    right to transfer claims.
      Section 175, R.S. Sec. 2296; Apr. 28, 1922, ch. 155, 42 Stat.
    502, related to exemption from execution of homestead land.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 176                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 176. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act Mar. 2, 1895, ch. 174, Secs. 1-3, 28 Stat. 744,
    provided for appointment of court commissioners for certain
    Territories.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 177                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 177. Patents for lands in New Mexico held under color of title

-STATUTE-
      Whenever it shall be shown to the satisfaction of the Secretary
    of the Interior that a tract or tracts of public land, not known to
    be mineral, in the State of New Mexico, not exceeding in the
    aggregate one hundred and sixty acres, has or have been held in
    good faith and in peaceful, adverse possession by a citizen of the
    United States, his ancestors or grantors, for more than twenty
    years under claim or color of title, and that valuable improvements
    have been placed on such land, or some part thereof has been
    reduced to cultivation, the Secretary may, in his discretion, upon
    the payment of $1.25 per acre, cause a patent or patents to issue
    for such land to any such citizen: Provided, That where the area or
    areas so held by any such citizen is in excess of one hundred and
    sixty acres the Secretary may determine what particular
    subdivisions, not exceeding one hundred and sixty acres in the
    aggregate, to any such citizen may be patented under this section:
    Provided further, That the term "citizen" as used in this section
    shall be held to include a corporation organized under the laws of
    the United States or any State or Territory thereof.

-SOURCE-
    (June 8, 1926, ch. 501, 44 Stat. 709.)

-End-

-CITE-
    43 USC Sec. 178                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 178. Patents for lands in New Mexico; lands contiguous to
      Spanish or Mexican land grants

-STATUTE-
      Whenever it shall be shown to the satisfaction of the Secretary
    of the Interior that a tract or tracts of public land, contiguous
    to a Spanish or Mexican land grant, in the State of New Mexico, not
    exceeding in the aggregate one hundred and sixty acres, has or have
    been held in good faith and in peaceful, adverse possession by a
    citizen of the United States, his ancestors or grantors, for more
    than twenty years under claim or color of title, and that valuable
    improvements have been placed on such land, or some part thereof
    has been reduced to cultivation, the Secretary may, in his
    discretion, upon the payment of $1.25 per acre, cause a patent or
    patents to issue for such land to any such citizens: Provided, That
    where the area or areas so held by any such citizen is in excess of
    one hundred and sixty acres the Secretary may determine what
    particular subdivisions, not exceeding one hundred and sixty acres
    in the aggregate, to any such citizen may be patented hereunder:
    Provided further, That coal and all other minerals contained
    therein are reserved to the United States; that said coal and other
    minerals shall be subject to sale or disposal by the United States
    under applicable leasing and mineral land laws, and permittees,
    lessees, or grantees of the United States shall have the right to
    enter upon said lands for the purpose of prospecting for and mining
    such deposits: Provided further, That the term "citizen", as used
    in this section, shall be held to include a corporation organized
    under the laws of the United States or any State or Territory
    thereof.

-SOURCE-
    (Feb. 23, 1932, ch. 52, 47 Stat. 53.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The leasing and mineral land laws, referred to in text, probably
    mean the mineral leasing laws, which are classified generally to
    Title 30, Mineral Lands and Mining.

-End-

-CITE-
    43 USC Secs. 179, 180                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 179, 180. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct.
      21, 1976, 90 Stat. 2787

-MISC1-
      Section 179, act May 17, 1900, ch. 479, Sec. 1, 31 Stat. 179,
    related to free homesteads to settlers, commutation rights, and
    payment to Indians.
      Section 180, act Jan. 26, 1901, ch. 180, 31 Stat. 740, related to
    extension of right of settlers to commute entry.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO
           MAKE ENTRY                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-
         SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY     

-End-

-CITE-
    43 USC Sec. 181                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-
    Sec. 181. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, act June 5, 1900, ch. 716, Sec. 3, 31 Stat. 270,
    provided that a person making an entry which was lost or forfeited
    should be entitled to benefits of homestead laws as though the
    former entry had not been made. See section 182 of this title.

-End-

-CITE-
    43 USC Secs. 182 to 191                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER II - RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY

-HEAD-
    Secs. 182 to 191. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 182, act Sept. 5, 1914, ch. 294, 38 Stat. 712, related to
    entry after forfeiture of prior entry without fault.
      Section 183, R.S. Sec. 2300; Aug. 31, 1918, ch. 166, Sec. 8, 40
    Stat. 957; Sept. 13, 1918, ch. 173, 40 Stat. 960, related to minor
    veterans, service in military establishment, and relinquishment of
    entries.
      Section 184, R.S. Sec. 2302, prohibited discrimination based on
    race or color in construction or execution of certain laws.
      Section 185, acts May 14, 1880, ch. 89, Sec. 2, 21 Stat. 141;
    Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; July 26, 1892, ch.
    251, 27 Stat. 270; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to preference right of
    entry of successful contestants.
      Sections 186, acts Feb. 14, 1920, ch. 76, Secs. 1, 2, 41 Stat.
    434, 435; Jan. 21, 1922, ch. 32, Secs. 1, 2, 42 Stat. 358; Dec. 28,
    1922, ch. 19, 42 Stat. 1067; June 12, 1930, ch. 471, 46 Stat. 580,
    related to preference right of entry of veterans, and promulgation
    of rules and regulations.
      Section 187, act Feb. 25, 1925, ch. 326, 43 Stat. 981, related to
    entrants on ceded Indian reservations.
      Section 187a, act June 21, 1934, ch. 690, 48 Stat. 1185, related
    to new homestead entry on ceded Indian reservations.
      Section 187b, act May 22, 1902, ch. 821, Sec. 2, 32 Stat. 203,
    related to second homestead entry by certain settlers.
      Section 188, act June 5, 1900, ch. 716, Sec. 3, 31 Stat. 270,
    related to purchaser of Flathead Indian land, Montana.
      Section 189, act Mar. 3, 1875, ch. 131, Sec. 15, 18 Stat. 420,
    related to Indians abandoning tribal relations and consequences
    thereof.
      Section 190, act July 4, 1884, ch. 180, Sec. 1, 23 Stat. 96,
    related to patents for Indians located on public lands.
      Section 190a, act Mar. 1, 1933, ch. 160, Sec. 1, 47 Stat. 1418,
    related to Indian allotments or homesteads in San Juan County,
    Utah.
      Section 191, R.S. Secs. 2310, 2311, related to entry, etc.,
    rights, of Stockbridge Munsee Indians.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER III - LANDS SUBJECT TO ENTRY              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
                  SUBCHAPTER III - LANDS SUBJECT TO ENTRY              

-End-

-CITE-
    43 USC Secs. 201 to 208                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
    Secs. 201 to 208. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 201, R.S. Sec. 2302, prohibited entry and settlement of
    mineral lands under this chapter.
      Section 202, acts May 14, 1880, ch. 89, Sec. 1, 21 Stat. 140;
    Mar. 3, 1891, ch. 561, Sec. 4, 26 Stat. 1097; Mar. 3, 1893, ch.
    208, 27 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to relinquished entries.
      Section 203, acts June 13, 1902, ch. 1080, Secs. 1-3, 32 Stat.
    384; Mar. 4, 1907, ch. 2907, 34 Stat. 1269, related to
    applicability of homestead laws to Ute Indian Reservation in
    Colorado.
      Section 204, act Mar. 3, 1879, ch. 191, 20 Stat. 472, related to
    entries on even sections within railroad and other grants.
      Section 205, act July 1, 1879, ch. 60, 21 Stat. 46, related to
    entries on odd sections within railroad and other grants in
    Missouri and Arkansas.
      Section 206, act May 6, 1886, ch. 88, 24 Stat. 22, related to
    patents for additional entries within railway limits.
      Section 207, act Aug. 21, 1916, ch. 361, 39 Stat. 518, authorized
    disposition of all agricultural lands within military reservations
    in Nevada under homestead and desert-land laws.
      Section 208, act June 3, 1924, ch. 240, 43 Stat. 357, authorized
    acquisition of all unreserved public lands within the Columbia or
    Moses Reserve in Washington to be acquired under laws applicable to
    public domain.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 209                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
    Sec. 209. Extension of public-land laws to certain lands in
      Oklahoma

-STATUTE-
      The public-land laws of the United States be, and the same are,
    extended to the public lands in that part of the Red River between
    the medial line and the south bank of the river, in Oklahoma,
    between the ninety-eighth meridian and the east boundary of the
    territory established as Greer County by the Act of May 4, 1896 (29
    Stat. 113): Provided, That such lands shall not be subject to
    disposition, settlement, or occupation until after the same have
    been classified and opened to entry, and other disposal by the
    Secretary of the Interior according to law.

-SOURCE-
    (June 22, 1948, ch. 605, Sec. 1, 62 Stat. 576.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public-land laws of the United States, referred to in text,
    are classified generally to this title.
      Act of May 4, 1896, referred to in text, is act May 4, 1896, ch.
    155, 29 Stat. 113, which is not classified to the Code.

-End-

-CITE-
    43 USC Sec. 210                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER III - LANDS SUBJECT TO ENTRY

-HEAD-
    Sec. 210. Recognition of equitable claims on certain lands in
      Oklahoma; validation of homestead entries

-STATUTE-
      The Secretary of the Interior is authorized and directed to
    recognize equitable claims to such lands based on settlement made
    prior to January 1, 1934, and all homestead entries of such lands,
    the allowance of which was erroneous because the lands were not
    subject to entry, and all suspended entries and applications to
    make final proof, are validated if otherwise regular, as of the
    date of the regular application.

-SOURCE-
    (June 22, 1948, ch. 605, Sec. 2, 62 Stat. 576.)

-End-

-CITE-
    43 USC SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND
           ADDITIONAL AND ENLARGED ENTRIES                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                     ENTRIES                   

-HEAD-
    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                                  ENTRIES

-End-

-CITE-
    43 USC Secs. 211 to 224                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IV - LIMITATION AS TO AMOUNT AND ADDITIONAL AND ENLARGED
                     ENTRIES                   

-HEAD-
    Secs. 211 to 224. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 211, R.S. Sec. 2298, related to limitation of amount of
    homestead entry.
      Section 212, acts Aug. 30, 1890, ch. 837, Sec. 1, 26 Stat. 391;
    Mar. 3, 1891, ch. 561, Sec. 17, 26 Stat. 1101, related to
    limitation of aggregate amount of entries.
      Section 213, acts Apr. 28, 1904, ch. 1776, Secs. 2, 3, 33 Stat.
    527; Aug. 3, 1950, ch. 521, 64 Stat. 398, related to additional
    entry on land contiguous to former entry of less than quarter
    section.
      Section 214, acts Mar. 2, 1889, ch. 381, Sec. 6, 25 Stat. 854;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to additional entry
    after final proof on entry on less than quarter section.
      Section 215, act Feb. 20, 1917, ch. 98, 39 Stat. 925, related to
    additional entry after patent on entry for less than quarter
    section.
      Section 216, act Mar. 4, 1921, ch. 162, Sec. 1, 41 Stat. 1433,
    related to validation of additional entry after patent.
      Section 217, act June 5, 1900, ch. 716, Sec. 2, 31 Stat. 269,
    related to additional entry after commutation of former entry.
      Section 218, acts Feb. 19, 1909, ch. 160, Secs. 1-6, 35 Stat.
    639; June 6, 1912, ch. 153, 37 Stat. 123; June 13, 1912, ch. 166,
    37 Stat. 132; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915,
    ch. 84, 38 Stat. 953; Mar. 3, 1915, ch. 91, 38 Stat. 957; Mar. 4,
    1915, ch. 150, Sec. 2, 38 Stat. 1163; July 3, 1916, ch. 220, 39
    Stat. 344, set forth provisions relating to enlarged entries on
    specified nonmineral, nonirrigable lands in certain States.
      Section 219, acts June 17, 1910, ch. 298, Secs. 1-6, 36 Stat.
    531, 532; Feb. 11, 1913, ch. 39, 37 Stat. 666; Mar. 3, 1915, ch.
    91, 38 Stat. 957; Sept. 5, 1916, ch. 440, 39 Stat. 724; Aug. 10,
    1917, ch. 52, Sec. 10, 40 Stat. 275, set forth provisions relating
    to enlarged entries on specified nonmineral, nonirrigable lands in
    Idaho.
      Section 220, act Mar. 4, 1915, ch. 150, Sec. 1, 38 Stat. 1162,
    1163; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, set forth procedures for applications for
    entries under sections 218 and 219 of this title.
      Section 221, act Mar. 4, 1915, ch. 150, Sec. 2, 38 Stat. 1163,
    was transferred to part of section 218 of this title, and
    subsequently repealed.
      Section 222, act Mar. 4, 1923, ch. 245, Sec. 1, 42 Stat. 1445,
    authorized additional entries by homestead entrymen on lands in
    national forests in the States covered by former sections 218 and
    219 of this title.
      Section 223, acts May 14, 1880, ch. 89, Sec. 3, 21 Stat. 141;
    June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37
    Stat. 267, authorized preference of settlers to entries under
    Enlarged Homestead Act for lands covered by former sections 218 and
    219 of this title.
      Section 224, acts Apr. 28, 1904, ch. 1801, Secs. 1-3, 33 Stat.
    547, 548; Mar. 2, 1907, ch. 2527, Secs. 1-3, 34 Stat. 1224; May 29,
    1908, ch. 220, Sec. 7, 35 Stat. 466; Aug. 24, 1912, ch. 371, 37
    Stat. 499, extended limitation on entries within certain boundaries
    in Nebraska.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR
           NONRESIDENCE OR NONCULTIVATION                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
     SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                              NONCULTIVATION

-End-

-CITE-
    43 USC Secs. 231 to 240                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
    Secs. 231 to 240. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 231, acts Aug. 22, 1914, ch. 270, 38 Stat. 704; Feb. 25,
    1919, ch. 21, 40 Stat. 1153; Oct. 28, 1921, ch. 114, Sec. 1, 42
    Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100,
    related to optional leaves of absence and proof of commutation.
      Section 232, act July 3, 1916, ch. 214, 39 Stat. 341, related to
    settlers on unsurveyed land.
      Section 233, acts Sept. 29, 1919, ch. 64, 41 Stat. 288; Apr. 6,
    1922, ch. 122, Sec. 2, 42 Stat. 491, related to residence of
    persons receiving treatment for wounds.
      Section 234, acts Mar. 2, 1889, ch. 381, Sec. 3, 25 Stat. 854;
    Dec. 29, 1894, ch. 14, 28 Stat. 599; Oct. 28, 1921, ch. 114, Sec.
    1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to destruction or failure of crops, sickness, or
    unavoidable casualty.
      Section 235, act July 1, 1879, ch. 63, Sec. 1, 21 Stat. 48; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100, related to destruction or injury to crops by
    grasshoppers.
      Section 236, act Dec. 20, 1917, ch. 6, 40 Stat. 430, allowed
    persons who filed applications for homestead entry prior to Dec.
    20, 1917, a leave of absence from their land during pendency of war
    with Germany for purpose of performing farm labor.
      Section 237, act July 24, 1919, ch. 26, 41 Stat. 271, excused
    entrymen from residence during drought in 1919.
      Section 237a, act Mar. 2, 1932, ch. 69, 47 Stat. 59, excused
    entrymen from residence during drought period of 1929 to 1932.
      Section 237b, act May 21, 1934, ch. 320, 48 Stat. 787, excused
    entrymen from compliance with requirements of homestead laws as to
    residence, cultivation, improvements, expenditures or purchase
    money where absence was due to economic conditions in 1932, 1933 or
    1934.
      Section 237c, act May 22, 1935, ch. 135, 49 Stat. 286, excused
    entrymen from compliance with requirements of homestead laws as to
    residence, cultivation, improvements, expenditures or purchase
    money where absence was due to economic conditions in 1935.
      Section 237d, acts Aug. 19, 1935, ch. 560, 49 Stat. 659; Mar. 31,
    1938, ch. 57, 52 Stat. 149, related to cultivation requirement for
    entered lands.
      Section 237e, act Apr. 20, 1936, ch. 239, Sec. 1, 49 Stat. 1235,
    excused entrymen from compliance with requirements of homestead
    laws as to residence, cultivation, improvements, expenditures or
    purchase money where absence was due to economic conditions in
    1936.
      Section 237f, act July 30, 1956, ch. 778, Sec. 1, 70 Stat. 715,
    related to absence during 1956 to 1959 due to economic conditions
    and protection of rights of entryman.
      Section 237g, act July 30, 1956, ch. 778, Sec. 2, 70 Stat. 716,
    related to homestead or desert land applications on file as of Mar.
    1, 1956, and entries and rights of United States.
      Section 237h, act July 30, 1956, ch. 778, Sec. 4, 70 Stat. 716,
    set forth lands subject to protection of rights of entryman.
      Section 238, acts Mar. 1, 1921, ch. 102, Sec. 1, 41 Stat. 1202;
    Apr. 7, 1922, ch. 125, 42 Stat. 492, related to excusing residence
    and cultivation, etc., requirements for disabled veterans.
      Section 239, R.S. Sec. 2308, related to service in Army, Navy,
    etc., as equivalent to residence.
      Section 240, acts June 16, 1898, ch. 458, 30 Stat. 473; Aug. 29,
    1916, ch. 420, 39 Stat. 671, related to service in time of war as
    equivalent to residence and cultivation.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 241, 242                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
    Secs. 241, 242. Repealed. Oct. 17, 1940, ch. 888, article V, Sec.
      503(3), 54 Stat. 1187

-MISC1-
      Section 241, act July 28, 1917, ch. 44, Sec. 1, 40 Stat. 248,
    related to residence requirements of entrymen in military service
    during war.
      Section 242, act July 28, 1917, ch. 44, Sec. 2, 40 Stat. 248,
    related to widows and children of entrymen who died in military
    service during war.

-End-

-CITE-
    43 USC Secs. 243, 243a                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER V - LEAVES OF ABSENCE AND EXCUSES FOR NONRESIDENCE OR
                    NONCULTIVATION              

-HEAD-
    Secs. 243, 243a. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 243, act Apr. 7, 1930, ch. 108, 46 Stat. 144, related to
    military service in certain Indian wars as equivalent to residence
    and cultivation.
      Section 243a, act Mar. 3, 1933, ch. 198, 47 Stat. 1424, related
    to extension of credits for military service in certain Indian wars
    to widows and issuance of patents to minor children on death of
    mother.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VI - FINAL PROOF GENERALLY                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VI - FINAL PROOF GENERALLY

-HEAD-
                   SUBCHAPTER VI - FINAL PROOF GENERALLY               

-End-

-CITE-
    43 USC Secs. 251 to 256b                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VI - FINAL PROOF GENERALLY

-HEAD-
    Secs. 251 to 256b. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 251, act Mar. 3, 1879, ch. 192, 20 Stat. 472; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to notice of intention to make final proof.
      Section 252, act Mar. 2, 1889, ch. 381, Sec. 7, 25 Stat. 855,
    related to time of taking testimony for final proof in case of
    unavoidable delay.
      Section 253, act June 3, 1878, ch. 152, 20 Stat. 91, related to
    publication of notice of contest.
      Section 254, R.S. Sec. 2294; May 26, 1890, ch. 355, 26 Stat. 121;
    Mar. 3, 1893, ch. 208, 27 Stat. 593; Mar. 11, 1902, ch. 182, 32
    Stat. 63; Mar. 4, 1904, ch. 394, 33 Stat. 59; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Feb. 23, 1923, ch. 105, 42 Stat. 1281;
    Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 17,
    1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118,
    related to officers before whom affidavits or proofs may be made,
    perjury, and fees.
      Section 255, R.S. Sec. 2293; Oct. 6, 1917, ch. 86, 40 Stat. 391;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100, related to affidavits taken by commanding officer
    for person in military or naval service.
      Section 256, act Mar. 4, 1913, ch. 149, Sec. 1, 37 Stat. 925,
    related to election as to law under which final proof may be made.
      Section 256a, acts May 13, 1932, ch. 178, Secs. 1, 2, 47 Stat.
    153; June 16, 1933, ch. 99, 48 Stat. 274; July 26, 1935, ch. 419,
    49 Stat. 504; June 16, 1937, ch. 361, 50 Stat. 303, related to
    extension of time for offering final proof, and promulgation of
    rules and regulations.
      Section 256b, act Aug. 27, 1935, ch. 770, 49 Stat. 909, related
    to final proof by disabled World War I veterans.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VII - PAYMENTS AND REFUNDS                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
                   SUBCHAPTER VII - PAYMENTS AND REFUNDS               

-End-

-CITE-
    43 USC Sec. 261                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
    Sec. 261. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, acts Sept. 30, 1890, No. 59, 26 Stat. 684; Oct. 28,
    1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
    Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100, related to time for payments and
    extension of time.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 262                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
    Sec. 262. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, act Mar. 2, 1907, ch. 2568, 34 Stat. 1248, provided for
    refund of excess payments. See section 1374 of this title.

-End-

-CITE-
    43 USC Sec. 263                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VII - PAYMENTS AND REFUNDS

-HEAD-
    Sec. 263. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, acts June 16, 1880, ch. 244, Secs. 1-4, 21 Stat. 287;
    Apr. 18, 1904, No. 25, 33 Stat. 589; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    cancellation of entries and repayment of fees.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VIII - ALASKA HOMESTEADS                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
                    SUBCHAPTER VIII - ALASKA HOMESTEADS                

-End-

-CITE-
    43 USC Sec. 270                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2789

-MISC1-
      Section, acts May 14, 1898, ch. 299, Sec. 1, 30 Stat. 409; Mar.
    3, 1903, ch. 1002, 32 Stat. 1028; Aug. 24, 1912, ch. 387, Sec. 1,
    37 Stat. 512; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,
    1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Apr. 29, 1950, ch.
    137, Sec. 1, 64 Stat. 94; Aug. 3, 1955, ch. 496, Sec. 1, 69 Stat.
    444, set forth provisions relating to applicability of homestead
    laws to Alaska. Section was formerly classified to section 371 of
    Title 48, Territories and Insular Possessions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 270-1 to 270-3                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Secs. 270-1 to 270-3. Repealed. Pub. L. 92-203, Sec. 18(a), Dec.
      18, 1971, 85 Stat. 710

-MISC1-
      Section 270-1, acts May 17, 1906, ch. 2469, Sec. 1, 34 Stat. 197;
    Aug. 2, 1956, ch. 891, Sec. 1(a)-(d), 70 Stat. 954, authorized
    making of homestead allotments to native Indians, Aleuts, or
    Eskimos and provided for conveyance of allotted lands. Section was
    formerly classified to section 357 of Title 48, Territories and
    Insular Possessions.
      Section 270-2, act May 17, 1906, ch. 2469, Sec. 2, as added Aug.
    2, 1956, ch. 891, Sec. 1(e), 70 Stat. 954, permitted allotments of
    land in national forests if land was certified as chiefly valuable
    for agricultural or grazing uses. Section was formerly classified
    to section 357a of Title 48.
      Section 270-3, act May 27, 1906, ch. 2469, Sec. 3, as added Aug.
    2, 1956, ch. 891, Sec. 1(e), 70 Stat. 954, prohibited making of an
    allotment unless person made satisfactory proof of substantially
    continuous use and occupancy of land for five years. Section was
    formerly classified to section 357b of Title 48.

-End-

-CITE-
    43 USC Sec. 270-4                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270-4. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, acts May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413; Oct.
    28, 1921, ch. 114 Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100, related to affidavits, and filing,
    publishing, and posting proof of claims.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 270-5 to 270-10                                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Secs. 270-5 to 270-10. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 270-5, act Apr. 29, 1950, ch. 137, Sec. 2, 64 Stat. 95,
    required filing of notice of location of settlement claims for
    public lands in Alaska. Section was formerly classified to section
    371a of Title 48, Territories and Insular Possessions.
      Section 270-6, act Apr. 29, 1950, ch. 137, Sec. 3, 64 Stat. 95,
    set forth effects of failure to file notice of settlement claim.
    Section was formerly classified to section 371b of Title 48.
      Section 270-7, acts Apr. 29, 1950, ch. 137, Sec. 4, 64 Stat. 95;
    July 11, 1956, ch. 571, Sec. 2, 70 Stat. 529, required final or
    commutation proof on unsurveyed land as basis for free survey.
    Section was formerly classified to section 371c of Title 48.
      Section 270-8, acts July 8, 1916, ch. 228, Sec. 1, 39 Stat. 352;
    June 28, 1918, ch. 110, 40 Stat. 632, set forth the amount of
    homestead entries for every qualified person. Section was formerly
    classified to section 373 of Title 48.
      Section 270-9, acts July 8, 1916, ch. 228, Sec. 1, 39 Stat. 352;
    June 28, 1918, ch. 110, 40 Stat. 632, removed bar of former entry
    in any other State or Territory as bar to homestead entry in
    Alaska. Section was formerly classified to section 374 of Title 48.
      Section 270-10, act July 8, 1916, ch. 228, Sec. 2, as added June
    28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114,
    Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100; July 11, 1956, ch. 571, Sec. 1, 70 Stat. 528, set forth
    requirements for entry on unsurveyed lands. Section was formerly
    classified to section 375 of Title 48.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 270-11                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270-11. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2787

-MISC1-
      Section, acts Mar. 8, 1922, ch. 96, Sec. 1, 42 Stat. 415; Aug.
    23, 1958, Pub. L. 85-725, Sec. 1, 72 Stat. 730, related to entry on
    land containing coal, oil, or gas.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 270-12                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Sec. 270-12. Disposal by United States of coal, oil, or gas
      deposits reserved to United States; entry, reentry, etc., on
      lands for prospecting, mining, and removal

-STATUTE-
      The coal, oil, or gas deposits reserved to the United States in
    accordance with the act of March 8, 1922 (42 Stat. 415; 43 U.S.C.
    270-11 et seq.), as added to by the Act of August 17, 1961 (75
    Stat. 384; 43 U.S.C. 270-13), and amended by the Act of October 3,
    1962 (76 Stat. 740; 43 U.S.C. 270-13), shall be subject to disposal
    by the United States in accordance with the provisions of the laws
    applicable to coal, oil, or gas deposits or coal, oil, or gas lands
    in Alaska in force at the time of such disposal. Any person
    qualified to acquire coal, oil, or gas deposits, or the right to
    mine or remove the coal or to drill for and remove the oil or gas
    under the laws of the United States shall have the right at all
    times to enter upon the lands patented under the Act of March 8,
    1922, as amended, and in accordance with the provisions hereof, for
    the purpose of prospecting for coal, oil, or gas therein, upon the
    approval by the Secretary of the Interior of a bond or undertaking
    to be filed with him as security for the payment of all damages to
    the crops and improvements on such lands by reason of such
    prospecting. Any person who has acquired from the United States the
    coal, oil, or gas deposits in any such land, or the right to mine,
    drill for, or remove the same, may reenter and occupy so much of
    the surface thereof incident to the mining and removal of the coal,
    oil, or gas therefrom, and mine and remove the coal or drill for
    and remove oil and gas upon payment of the damages caused thereby
    to the owner thereof, or upon giving a good and sufficient bond or
    undertaking in an action instituted in any competent court to
    ascertain and fix said damages: Provided, That the owner under such
    limited patent shall have the right to mine the coal for use on the
    land for domestic purposes at any time prior to the disposal by the
    United States of the coal deposits: Provided further, That nothing
    in this Act shall be construed as authorizing the exploration upon
    or entry of any coal deposits withdrawn from such exploration and
    purchase.

-SOURCE-
    (Mar. 8, 1922, ch. 96, Sec. 2, 42 Stat. 416; Pub. L. 85-725, Sec.
    2, Aug. 23, 1958, 72 Stat. 730; Pub. L. 94-579, title VII, Sec.
    703(c), Oct. 21, 1976, 90 Stat. 2791.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 8, 1922 and this Act, referred to in text, is act
    Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which is classified
    to sections 270-11 to 270-13 of this title. The provisions added by
    the act of Aug. 17, 1961, and amended by the act of Oct. 3, 1962
    were classified to section 270-13 of this title. Sections 270-11
    and 270-13 of this title were repealed by section 703(a) of Pub. L.
    94-579. For complete classification of this Act to the Code, see
    Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 377 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 substituted provisions relating to disposal
    by United States of coal, oil, or gas deposits reserved to the
    United States, applicability of statutory provisions to such
    disposal, and entry, reentry, etc., on lands for prospecting,
    mining, and removal of deposits, for provisions relating to patent
    for land entered under section 270-11 of this title, reservation to
    the patented land, disposal of reserved coal, oil, or gas deposits,
    and entry, reentry, etc., on lands for prospecting, mining, and
    removal of deposits.
      1958 - Pub. L. 85-725 struck out "And provided further, That
    nothing herein contained shall be held or construed to authorize
    the entry or disposition, under section 274 of this title, or under
    Acts amendatory thereof or supplemental thereto, of withdrawn or
    classified coal, oil, or gas lands or of lands valuable for coal,
    oil, or gas".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 703(c) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after tenth anniversary of date
    of approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Secs. 270-13 to 270-17                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER VIII - ALASKA HOMESTEADS

-HEAD-
    Secs. 270-13 to 270-17. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 270-13, act Mar. 8, 1922, ch. 96, Sec. 3, as added Aug.
    17, 1961, Pub. L. 87-147, 75 Stat. 384; amended Oct. 3, 1962, Pub.
    L. 87-742, 76 Stat. 740, authorized sale or other disposition of
    Alaskan lands containing coal, oil, or gas deposits. Section was
    formerly classified to section 377a of Title 48, Territories and
    Insular Possessions.
      Section 270-14, act July 8, 1916, ch. 228, Sec. 3, formerly Sec.
    2, 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. 633,
    excepted certain lands in Alaska from homestead entry and
    settlement. Section was formerly classified to section 378 of Title
    48.
      Section 270-15, acts Apr. 13, 1926, ch. 121, Sec. 1, 44 Stat.
    243; Apr. 29, 1950, ch. 134, Sec. 3, 64 Stat. 93, related to claims
    and rectangular system of surveys and departure for local or
    topographic conditions.
      Section 270-16, acts Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat.
    208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; Apr. 13, 1926, ch. 121,
    Sec. 2, 44 Stat. 244; 1946 Reorg. Plan No. 3, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to additional
    entries by soldiers.
      Section 270-17, act Apr. 13, 1926, ch. 121, Sec. 3, 44 Stat. 244,
    related to disposition of deposit of estimated cost of work
    incident to survey, and promulgation of rules and regulations.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

-HEAD-
             SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD         

-End-

-CITE-
    43 USC Secs. 271 to 284                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER IX - SOLDIERS' AND SAILORS' HOMESTEAD

-HEAD-
    Secs. 271 to 284. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 271, R.S. Sec. 2304; Mar. 1, 1901, ch. 674, 31 Stat. 847,
    related to soldiers and sailors entitled to make entry.
      Section 272, R.S. Sec. 2305; Mar. 1, 1901, ch. 674, 31 Stat. 847;
    Apr. 6, 1922, ch. 122, Sec. 1, 42 Stat. 491, related to deduction
    of military and naval service from time required to perfect title,
    and rights of widows and children of veterans.
      Section 272a, acts Feb. 25, 1919, ch. 37, 40 Stat. 1161; Dec. 28,
    1922, ch. 19, 42 Stat. 1067, related to applicability of sections
    271 and 272 of this title to military and naval operations on
    Mexican border or in World War I.
      Section 273, act Apr. 6, 1922, ch. 122, Sec. 1, 42 Stat. 491,
    related to veterans receiving compensation for wounds or
    disability.
      Section 274, R.S. Sec. 2306, related to additional entry by
    veteran.
      Section 275, act Mar. 3, 1893, ch. 208, 27 Stat. 593; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to invalidity of additional entries, and commutation.
      Section 276, act Aug. 18, 1894, ch. 301, Sec. 1, 28 Stat. 397,
    related to issuance of additional homestead certificates.
      Section 277, R.S. Sec. 2309, related to additional entry by
    agent.
      Section 278, R.S. Sec. 2307; Feb. 25, 1919, ch. 37, 40 Stat.
    1161; Sept. 21, 1922, ch. 357, 42 Stat. 990, set forth rights of
    veteran's widow to make entry, and rights of children upon her
    death.
      Section 279, acts Sept. 27, 1944, ch. 421, Sec. 1, 58 Stat. 747;
    June 25, 1946, ch. 474, 60 Stat. 308; May 31, 1947, ch. 88, Sec. 1,
    61 Stat. 123; June 18, 1954, ch. 306, Sec. 1(a), (b), 68 Stat. 253,
    set forth preference rights of entry of World War II or Korean
    conflict veterans.
      Section 280, acts Sept. 27, 1944, ch. 421, Sec. 2, 58 Stat. 748;
    May 31, 1947, ch. 88, Sec. 2, 61 Stat. 123, related to rights of
    dependents of World War II or Korean conflict veterans.
      Section 281, act Sept. 27, 1944, ch. 421, Sec. 3, 58 Stat. 748,
    related to death of World War II or Korean conflict veteran as
    affecting patent rights of minor children.
      Section 282, acts Sept. 27, 1944, ch. 421, Sec. 4, 58 Stat. 748;
    May 31, 1947, ch. 88, Sec. 3, 61 Stat. 124; June 18, 1954, ch. 306,
    Sec. 1(c), 68 Stat. 254, related to rights of World War II or
    Korean conflict veteran on revocation of withdrawal order.
      Section 283, acts Sept. 27, 1944, ch. 421, Sec. 6, formerly Sec.
    5, 58 Stat. 748, renumbered Sec. 6, June 3, 1948, ch. 399, 62 Stat.
    305, related to promulgation of rules and regulations respecting
    preference right of entry of World War II or Korean conflict
    veteran.
      Section 284, act Sept. 27, 1944, ch. 421, Sec. 5, as added June
    3, 1948, ch. 399, 62 Stat. 305, defined "homestead" for purposes of
    preference right of entry of World War II or Korean conflict
    veteran.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER X - STOCK-RAISING HOMESTEAD               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
                  SUBCHAPTER X - STOCK-RAISING HOMESTEAD              

-End-

-CITE-
    43 USC Secs. 291 to 298                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Secs. 291 to 298. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 291, acts Dec. 29, 1916, ch. 9, Sec. 1, 39 Stat. 862;
    Feb. 28, 1931, ch. 328, 46 Stat. 1454; June 9, 1933, ch. 53, 48
    Stat. 119, related to entry on unappropriated, unreserved lands,
    and lands excepted from entry.
      Section 292, acts Dec. 29, 1916, ch. 9, Sec. 2, 39 Stat. 862;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; June 6, 1924, ch.
    274, 43 Stat. 469; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100, related to designation of lands subject to entry, and
    application thereof.
      Section 293, acts Dec. 29, 1916, ch. 9, Sec. 3, 39 Stat. 863;
    Oct. 25, 1918, ch. 195, 40 Stat. 1016, related to persons entitled
    to make entries and effect of entries.
      Section 294, acts Dec. 29, 1916, ch. 9, Sec. 4, 39 Stat. 863;
    Sept. 29, 1919, ch. 63, 41 Stat. 287, related to additional entries
    and amount of entry.
      Section 295, acts Dec. 29, 1916, ch. 9, Sec. 5, 39 Stat. 863;
    Sept. 29, 1919, ch. 63, 41 Stat. 287, related to persons entitled
    to make additional entries.
      Section 296, act Dec. 29, 1916, ch. 9, Sec. 6, 39 Stat. 863,
    related to heads of families, etc., and relinquishment or
    reconveyance of land.
      Section 297, act Dec. 29, 1916, ch. 9, Sec. 7, 39 Stat. 864,
    related to applicability of commutation provisions to entries.
      Section 298, act Dec. 29, 1916, ch. 9, Sec. 8, 39 Stat. 864, set
    forth provisions relating to additional entries and preferential
    rights.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 299                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 299. Reservation of coal and mineral rights

-STATUTE-
    (a) General provisions
      All entries made and patents issued under the provisions of this
    subchapter shall be subject to and contain a reservation to the
    United States of all the coal and other minerals in the lands so
    entered and patented, together with the right to prospect for,
    mine, and remove the same. The coal and other mineral deposits in
    such lands shall be subject to disposal by the United States in
    accordance with the provisions of the coal and mineral land laws in
    force at the time of such disposal. Any person qualified to locate
    and enter the coal or other mineral deposits, or having the right
    to mine and remove the same under the laws of the United States,
    shall have the right at all times to enter upon the lands entered
    or patented, as provided by this subchapter, for the purpose of
    prospecting for coal or other mineral therein, provided he shall
    not injure, damage, or destroy the permanent improvements of the
    entryman or patentee, and shall be liable to and shall compensate
    the entryman or patentee for all damages to the crops on such lands
    by reason of such prospecting. Any person who has acquired from the
    United States the coal or other mineral deposits in any such land,
    or the right to mine and remove the same, may reenter and occupy so
    much of the surface thereof as may be required for all purposes
    reasonably incident to the mining or removal of the coal or other
    minerals, first, upon securing the written consent or waiver of the
    homestead entryman or patentee; second, upon payment of the damages
    to crops or other tangible improvements to the owner thereof, where
    agreement may be had as to the amount thereof; or, third, in lieu
    of either of the foregoing provisions, upon the execution of a good
    and sufficient bond or undertaking to the United States for the use
    and benefit of the entryman or owner of the land, to secure the
    payment of such damages to the crops or tangible improvements of
    the entryman or owner, as may be determined and fixed in an action
    brought upon the bond or undertaking in a court of competent
    jurisdiction against the principal and sureties thereon, such bond
    or undertaking to be in form and in accordance with rules and
    regulations prescribed by the Secretary of the Interior and to be
    filed with and approved by the officer designated by the Secretary
    of the Interior of the local land office of the district wherein
    the land is situate, subject to appeal to the Secretary of the
    Interior or such officer as he may designate: Provided, That all
    patents issued for the coal or other mineral deposits herein
    reserved shall contain appropriate notations declaring them to be
    subject to the provisions of this subchapter with reference to the
    disposition, occupancy, and use of the land as permitted to an
    entryman under this subchapter.
    (b) Exploration; location of mining claims; notices
      (1) In general
        (A) Notwithstanding subsection (a) of this section and any
      other provision of law to the contrary, after the effective date
      of this subsection no person other than the surface owner may
      enter lands subject to this subchapter to explore for, or to
      locate, a mining claim on such lands without - 
          (i) filing a notice of intention to locate a mining claim
        pursuant to paragraph (2); and
          (ii) providing notice to the surface owner pursuant to
        paragraph (3).

        (B) Any person who has complied with the requirements referred
      to in subparagraph (A) may, during the authorized exploration
      period, in order to locate a mining claim, enter lands subject to
      this subchapter to undertake mineral activities related to
      exploration that cause no more than a minimal disturbance of
      surface resources and do not involve the use of mechanized
      earthmoving equipment, explosives, the construction of roads,
      drill pads, or the use of toxic or hazardous materials.
        (C) The authorized exploration period referred to in
      subparagraph (B) shall begin 30 days after notice is provided
      under paragraph (3) with respect to lands subject to such notice
      and shall end with the expiration of the 90-day period referred
      to in paragraph (2)(A) or any extension provided under paragraph
      (2).
      (2) Notice of intention to locate a mining claim
        Any person seeking to locate a mining claim on lands subject to
      this subchapter in order to engage in the mineral activities
      relating to exploration referred to under paragraph (1)(B) shall
      file with the Secretary of the Interior a notice of intention to
      locate a claim on the lands concerned. The notice shall be in
      such form as the Secretary shall prescribe. The notice shall
      contain the name and mailing address of the person filing the
      notice and a legal description of the lands to which the notice
      applies. The legal description shall be based on the public land
      survey or on such other description as is sufficient to permit
      the Secretary to record the notice on the land status records of
      the Secretary. Whenever any person has filed a notice under this
      paragraph with respect to any lands, during the 90-day period
      following the date of such filing, or any extension thereof
      pursuant to this paragraph, no other person (including the
      surface owner) may - 
          (A) file such a notice with respect to any portions of such
        lands;
          (B) explore for minerals or locate a mining claim on any
        portion of such lands; or
          (C) file an application to acquire any interest in any
        portion of such lands pursuant to section 1719 of this title.

      If, within such 90-day period, the person who filed a notice
      under this paragraph files a plan of operations with the
      Secretary pursuant to subsection (f) of this section, such 90-day
      period shall be extended until the approval or disapproval of the
      plan by the Secretary pursuant to subsection (f) of this section.
      (3) Notice to surface owner
        Any person who has filed a notice of intention to locate a
      mining claim under paragraph (2) for any lands subject to this
      subchapter shall provide written notice of such filing, by
      registered or certified mail with return receipt, to the surface
      owner (as evidenced by local tax records) of the lands covered by
      the notice under paragraph (2). The notice shall be provided at
      least 30 days before entering such lands and shall contain each
      of the following:
          (A) A brief description of the proposed mineral activities.
          (B) A map and legal description of the lands to be subject to
        mineral exploration.
          (C) The name, address and phone number of the person managing
        such activities.
          (D) A statement of the dates on which such activities will
        take place.
      (4) Acreage limitations
        The total acreage covered at any time by notices of intention
      to locate a mining claim under paragraph (2) filed by any person
      and by affiliates of such person may not exceed 6,400 acres of
      lands subject to this subchapter in any one State and 1,280 acres
      of such lands for a single surface owner. For purposes of this
      paragraph, the term "affiliate" means, with respect to any
      person, any other person which controls, is controlled by, or is
      under common control with, such person.
    (c) Consent
      Notwithstanding subsection (a) of this section and any other
    provision of law, after the effective date of this subsection no
    person may engage in the conduct of mineral activities (other than
    those relating to exploration referred to in subsection (b)(1)B)
    (!1) of this section) on a mining claim located on lands subject to
    this subchapter without the written consent of the surface owner
    thereof unless the Secretary has authorized the conduct of such
    activities under subsection (d) of this section.

    (d) Authorized mineral activities
      The Secretary shall authorize a person to conduct mineral
    activities (other than those relating to exploration referred to in
    subsection (b)(1)(B) of this section) on lands subject to this
    subchapter without the consent of the surface owner thereof if such
    person complies with the requirements of subsections (e) and (f) of
    this section.
    (e) Bond
      (1) Before the Secretary may authorize any person to conduct
    mineral activities the Secretary shall require such person to post
    a bond or other financial guarantee in an amount to insure the
    completion of reclamation pursuant to this subchapter. Such bond or
    other financial guarantee shall ensure - 
        (A) payment to the surface owner, after the completion of such
      mineral activities and reclamation, compensation for any
      permanent damages to crops and tangible improvements of the
      surface owner that resulted from mineral activities; and
        (B) payment to the surface owner of compensation for any
      permanent loss of income of the surface owner due to loss or
      impairment of grazing, or other uses of the land by the surface
      owner to the extent that reclamation required by the plan of
      operations would not permit such uses to continue at the level
      existing prior to the commencement of mineral activities.

      (2) In determining the bond amount to cover permanent loss of
    income under paragraph (1)(B), the Secretary shall consider, where
    appropriate, the potential loss of value due to the estimated
    permanent reduction in utilization of the land.
    (f) Plan of operations
      (1) Before the Secretary may authorize any person to conduct
    mineral activities on lands subject to this subchapter, the
    Secretary shall require such person to submit a plan of operations.
    Such plan shall include procedures for - 
        (A) the minimization of damages to crops and tangible
      improvements of the surface owner;
        (B) the minimization of disruption to grazing or other uses of
      the land by the surface owner; and
        (C) payment of a fee for the use of surface during mineral
      activities equivalent to the loss of income to the ranch
      operation as established pursuant to subsection (g) of this
      section.

      (2) The Secretary shall provide a copy of the proposed plan of
    operations to the surface owner at least 45 days prior to the date
    the Secretary makes a determination as to whether such plan
    complies with the requirements of this subsection. During such 45-
    day period the surface owner may submit comments and recommend
    modifications to the proposed plan of operations to the Secretary.
      (3)(A) The Secretary shall, within 60 days of receipt of the
    plan, approve the plan of operations if it complies with the
    requirements of this subchapter, including each of the following:
        (i) The proposed plan of operations is complete and accurate.
        (ii) The person submitting the proposed plan of operations has
      demonstrated that all other applicable Federal and State
      requirements have been met.

      (B) The Secretary shall notify the person submitting a plan of
    operations of any modifications to such plan required to bring it
    into compliance with the requirements of this subchapter. If the
    person submitting the plan agrees to modify such plan in a manner
    acceptable to the Secretary, the Secretary shall approve the plan
    as modified. In the event no agreement can be reached on the
    modifications to the plan which, in the opinion of the Secretary,
    will bring such plan into compliance with the requirements of this
    subchapter, then the Secretary shall disapprove the plan and notify
    both the surface owner and the person submitting the plan of the
    decision.
      (C) The 60-day period referred to in subparagraph (A) may be
    extended by the Secretary where additional time is required to
    comply with other applicable requirements of law.
      (D) The Secretary shall suspend or revoke a plan of operation
    whenever the Secretary determines, on the Secretary's own motion or
    on a motion made by the surface owner, that the person conducting
    mineral activities is in substantial noncompliance with the terms
    and conditions of an approved plan of operations and has failed to
    remedy a violation after notice from the Secretary within the time
    required by the Secretary.
      (4) Final approval of a plan of operations under this subsection
    shall be conditioned upon compliance with subsections (e) and (g)
    of this section.
    (g) Fee
      The fee referred to in subsection (f)(1) of this section shall be
    - 
        (1) paid to the surface owner by the person submitting the plan
      of operations;
        (2) paid in advance of any mineral activities or at such other
      time or times as may be agreed to by the surface owner and the
      person conducting such activities; and
        (3) established by the Secretary taking into account the
      acreage involved and the degree of potential disruption to
      existing surface uses during mineral activities (including the
      loss of income to the surface owner and such surface owner's
      operations due to the loss or impairment of existing surface uses
      for the duration of the mineral activities), except that such fee
      shall not exceed the fair market value for the surface of the
      land.
    (h) Reclamation
      Lands affected by mineral activities under a plan of operations
    approved pursuant to subsection (f)(3) of this section shall be
    reclaimed, to the maximum extent practicable, to a condition
    capable of supporting the uses to which such lands were capable of
    supporting prior to surface disturbance. Reclamation shall proceed
    as contemporaneously as practicable with the conduct of mineral
    activities.
    (i) State law
      (1) Nothing in this subchapter shall be construed as affecting
    any reclamation, bonding, inspection, enforcement, air or water
    quality standard or requirement of any State law or regulation
    which may be applicable to mineral activities on lands subject to
    this subchapter to the extent that such law or regulation is not
    inconsistent with this title.(!2)

      (2) Nothing in this subchapter shall be construed as affecting in
    any way the right of any person to enforce or protect, under
    applicable law, the interest of such person in water resources
    affected by mineral activities.
    (j) Inspections
      Should any surface owner of land subject to this subchapter have
    reason to believe that they are or may be adversely affected by
    mineral activities due to any violation of the terms and conditions
    of a plan of operations approved under subsection (f) of this
    section, such surface owner may request an inspection of such
    lands. The Secretary shall determine within 10 days of the receipt
    of the request whether the request states a reason to believe that
    a violation exists, except in the event the surface owner alleges
    and provides reason to believe that an imminent danger exists, the
    10-day period shall be waived and the inspection conducted
    immediately. When an inspection is conducted under this paragraph,
    the Secretary shall notify the surface owner and such surface owner
    shall be allowed to accompany the inspector on the inspection.
    (k) Damages for failure to comply
      (1) Whenever the surface owner of any land subject to this
    subchapter has suffered any permanent damages to crops or tangible
    improvements of the surface owner, or any permanent loss of income
    due to loss or impairment of grazing, or other uses of the land by
    the surface owner, if such damages or loss result from - 
        (A) any mineral activity undertaken without the consent of the
      surface owner under subsection (c) of this section or an
      authorization by the Secretary under subsection (d) of this
      section; or
        (B) the failure of the person conducting mineral activities to
      remedy to the satisfaction of the Secretary any substantial
      noncompliance with the terms and conditions of a plan under
      subsection (f) of this section;

    the surface owner may bring an action in the appropriate United
    States district court for, and the court may award, double damages
    plus costs for willful misconduct or gross negligence.
      (2) The surface owner of any land subject to this subchapter may
    also bring an action in the appropriate United States district
    court for double damages plus costs for willful misconduct or gross
    negligence against any person undertaking any mineral activities on
    lands subject to this subchapter in violation of any requirement of
    subsection (b) of this section.
      (3) Any double damages plus costs awarded by the court under this
    subsection shall be reduced by the amount of any compensation which
    the surface owner has received (or is eligible to receive) pursuant
    to the bond or financial guarantee required under subsection (e) of
    this section.
    (l) Payment of financial guarantee
      The surface owner of any land subject to this subchapter may
    petition the Secretary for payment of all or any portion of a bond
    or other financial guarantee required under subsection (e) of this
    section as compensation for any permanent damages to crops and
    tangible improvements of the surface owner, or any permanent loss
    of income due to loss or impairment of grazing, or other uses of
    the land by the surface owner. Pursuant to such a petition, the
    Secretary may use such bond or other guarantee to provide
    compensation to the surface owner for such damages and to insure
    the required reclamation.
    (m) Bond release
      The Secretary shall release the bond or other financial guarantee
    required under subsection (e) of this section upon the successful
    completion of all requirements pursuant to a plan of operations
    approved under subsection (f) of this section.
    (n) Conveyance to surface owner
      The Secretary shall take such actions as may be necessary to
    simplify the procedures which must be complied with by surface
    owners of lands subject to this subchapter who apply to the
    Secretary to obtain title to interests in such lands owned by the
    United States.
    (o) Definitions
      For the purposes of subsections (b) through (n) of this section -
    
        (1) The term "mineral activities" means any activity for,
      related to or incidental to mineral exploration, mining, and
      beneficiation activities for any locatable mineral on a mining
      claim. When used with respect to this term - 
          (A) the term "exploration" means those techniques employed to
        locate the presence of a locatable mineral deposit and to
        establish its nature, position, size, shape, grade and value;
          (B) the term "mining" means the processes employed for the
        extraction of a locatable mineral from the earth; and
          (C) the term "beneficiation" means the crushing and grinding
        of locatable mineral ore and such processes are employed to
        free the mineral from the other constituents, including but not
        necessarily limited to, physical and chemical separation
        techniques.

        (2) The term "mining claim" means a claim located under the
      general mining laws of the United States (which generally
      comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and
      162) subject to the terms and conditions of subsections (b)
      through (p) of this section.
        (3) The term "tangible improvements" includes agricultural,
      residential and commercial improvements, including improvements
      made by residential subdividers.
    (p) Minerals covered
      Subsections (b) through (o) of this section apply only to
    minerals not subject to disposition under - 
        (1) the Mineral Leasing Act (30 U.S.C. 181 and following);
        (2) the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.];
      or
        (3) the Act of July 31, 1947, commonly known as the Materials
      Act of 1947 (30 U.S.C. 601 and following).

-SOURCE-
    (Dec. 29, 1916, ch. 9, Sec. 9, 39 Stat. 864; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100; Pub. L. 103-23, Sec. 1(a), (b), Apr. 16, 1993, 107
    Stat. 60, 65.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this subsection, referred to in subsecs.
    (b)(1)(A) and (c), is the date 180 days after Apr. 16, 1993.
      This title, referred to in subsec. (i)(1), is unidentifiable
    because act Dec. 29, 1916, does not contain titles.
      The Mineral Leasing Act, referred to in subsec. (p)(1), is act
    Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is
    classified generally to chapter 3A (Sec. 181 et seq.) of Title 30,
    Mineral Lands and Mining. For complete classification of this Act
    to the Code, see Short Title note set out under section 181 of
    Title 30 and Tables.
      The Geothermal Steam Act of 1970, referred to in subsec. (p)(2),
    is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which
    is classified principally to chapter 23 (Sec. 1001 et seq.) of
    Title 30. For complete classification of this Act to the Code, see
    Short Title note set out under section 1001 of Title 30 and Tables.
      The Materials Act of 1947, referred to in subsec. (p)(3), is act
    July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is
    classified generally to subchapter I (Sec. 601 et seq.) of chapter
    15 of Title 30. For complete classification of this Act to the
    Code, see Short Title note set out under section 601 of Title 30
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-23 designated existing provisions as subsec.
    (a), inserted heading, and added subsecs. (b) to (p).

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 1(c) of Pub. L. 103-23 provided that: "The amendments
    made by this Act [amending this section] shall take effect 180 days
    after the date of enactment [Apr. 16, 1993]."

                                REGULATIONS                            
      Section 1(d) of Pub. L. 103-23 provided that: "The Secretary of
    the Interior shall issue final regulations to implement the
    amendments made by this Act [amending this section] not later than
    the effective date of this Act [see Effective Date of 1993
    Amendment note above]. Failure to promulgate these regulations by
    reason of any appeal or judicial review shall not delay the
    effective date as specified in paragraph (c)."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "officer designated by the Secretary of the Interior"
    substituted for "register" and "Secretary of the Interior or such
    officer as he may designate" substituted for "Commissioner of the
    General Land Office" on authority of section 403 of Reorg. Plan No.
    3 of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-MISC2-
              REPORT TO CONGRESS ON FOREIGN MINERAL INTERESTS          
      Section 2 of Pub. L. 103-23 directed Secretary of the Interior to
    submit report to Congress within 2 years after Apr. 16, 1993, on
    acquisition of mineral interests made after such date by foreign
    firms on lands subject to this section.

-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(b)(1)(B)".

               

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 300                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 300. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, acts Dec. 29, 1916, ch. 9, Sec. 10, 39 Stat. 865; Jan.
    29, 1929, ch. 114, 45 Stat. 1144, set forth provisions authorizing
    reservation of land containing water holes.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 301                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 301. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to make all necessary
    rules and regulations in harmony with the provisions and purposes
    of this subchapter for the purpose of carrying the same into
    effect.

-SOURCE-
    (Dec. 29, 1916, ch. 9, Sec. 11, 39 Stat. 865.)

-End-

-CITE-
    43 USC Sec. 302                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 7 - HOMESTEADS
    SUBCHAPTER X - STOCK-RAISING HOMESTEAD

-HEAD-
    Sec. 302. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, act Mar. 4, 1923, ch. 245, Sec. 2, 42 Stat. 1445,
    related to additional entries, and lands in national forests.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC CHAPTER 8 - TIMBER AND STONE LANDS                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8 - TIMBER AND STONE LANDS

-HEAD-
                    CHAPTER 8 - TIMBER AND STONE LANDS                

-End-

-CITE-
    43 USC Secs. 311 to 313                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8 - TIMBER AND STONE LANDS

-HEAD-
    Secs. 311 to 313. Repealed. Aug. 1, 1955, ch. 448, 69 Stat. 434

-MISC1-
      Section 311, acts June 3, 1878, ch. 151, Sec. 1, 20 Stat. 89;
    Aug. 4, 1892, ch. 375, Sec. 2, 27 Stat. 348; May 18, 1898, ch. 344,
    Sec. 1, 30 Stat. 418, authorized sale of public lands valuable
    chiefly for timber or stone.
      Section 312, acts June 3, 1878, ch. 151, Sec. 2, 20 Stat. 89;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145, provided for applications for purchase of
    timber and stone lands.
      Section 313, act June 3, 1878, ch. 151, Sec. 3, 20 Stat. 90,
    provided for publication of applications to purchase timber and
    stone lands, patent and entry.

                        EXISTING RIGHTS AND CLAIMS                    
      Act Aug. 1, 1955, provided that the repeal of sections 311 to 313
    is subject to valid existing rights and claims.

-End-

-CITE-
    43 USC CHAPTER 8A - GRAZING LANDS                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS

-HEAD-
                        CHAPTER 8A - GRAZING LANDS                    

-MISC1-
                         SUBCHAPTER I - GENERALLY                     
    Sec.                                                     
    315.        Grazing districts; establishment; restrictions; prior
                 rights; rights-of-way; hearing and notice; hunting or
                 fishing rights.                                      
    315a.       Protection, administration, regulation, and
                 improvement of districts; rules and regulations;
                 study of erosion and flood control; offenses.        
    315b.       Grazing permits; fees; vested water rights; permits
                 not to create right in land.                         
    315c.       Fences, wells, reservoirs, and other improvements;
                 construction; permits; partition fences.             
    315d.       Grazing stock for domestic purposes; use of natural
                 resources.                                           
    315e.       Rights of way; development of mineral resources.      
    315f.       Homestead entry within district or withdrawn lands;
                 classification; preferences.                         
    315g, 315g-1. Repealed.                                           
    315h.       Cooperation with associations, land officials, and
                 agencies engaged in conservation or propagation of
                 wildlife; local hearings on appeals; acceptance and
                 use of contributions.                                
    315i.       Disposition of moneys received; availability for
                 improvements.                                        
    315j.       Appropriation of moneys received; application of
                 public-land laws to Indian ceded lands; application
                 for mineral title to lands.                          
    315k.       Cooperation with governmental departments;
                 coordination of range administration.                
    315l.       Lands under national-forest administration.           
    315m.       Lease of isolated or disconnected tracts for grazing;
                 preferences.                                         
    315m-1.     Lease of State, county, or privately owned lands;
                 period of lease; rental.                             
    315m-2.     Administration of leased lands.                       
    315m-3.     Availability of contributions received.               
    315m-4.     Disposition of receipts; availability for leasing of
                 land.                                                
    315n.       State police power not abridged.                      
    315o.       Repealed.                                             
    315o-1.     Board of grazing district advisers; composition;
                 meetings; duties.                                    
    315o-2.     Animals and equipment for field employees.            
    315p.       Repealed.                                             
    315q.       Withdrawal of lands for war or national defense
                 purposes; payment for cancellation of permits or
                 licenses.                                            
    315r.       Rental payments in advance in case of withdrawal of
                 lands for war or national defense purposes.          

                          SUBCHAPTER II - ALASKA                      
    316.        Declaration of policy.                                
    316a.       Definitions.                                          
    316b.       Grazing districts.                                    
    316c.       Alteration of grazing districts.                      
    316d.       Notice of establishment and alteration of grazing
                 district; hearings.                                  
    316e.       Preferences.                                          
    316f.       Terms and conditions of lease.                        
                  (a)  Period of lease.                               
                  (b)  Size of leasehold.                             
                  (c)  Terms for surrender of lease.                  
                  (d)  Terms for renewal of lease.                    
    316g.       Grazing fees.                                         
    316h.       Dispositions of receipts.                             
    316i.       Assignment of leases.                                 
    316j.       Improvements to leasehold.                            
                  (a)  Authorization.                                 
                  (b)  Removal of improvement upon termination of
                        lease.                                        
                  (c)  Payment for improvement upon termination of
                        lease.                                        
    316k.       Penalties.                                            
    316l.       Stock driveways and free grazing.                     
                  (a)  Establishment, maintenance and regulation.     
                  (b)  Grazing of livestock free of charge.           
                  (c)  Grazing allotments to Eskimos or other native
                        or half-breed.                                
    316m.       Hearing and appeals.                                  
    316n.       Administration.                                       
    316o.       Laws applicable.                                      

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERALLY                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
                         SUBCHAPTER I - GENERALLY                     

-End-

-CITE-
    43 USC Sec. 315                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315. Grazing districts; establishment; restrictions; prior
      rights; rights-of-way; hearing and notice; hunting or fishing
      rights

-STATUTE-
      In order to promote the highest use of the public lands pending
    its final disposal, the Secretary of the Interior is authorized, in
    his discretion, by order to establish grazing districts or
    additions thereto and/or to modify the boundaries thereof, of
    vacant, unappropriated, and unreserved lands from any part of the
    public domain of the United States (exclusive of Alaska), which are
    not in national forests, national parks and monuments, Indian
    reservations, revested Oregon and California Railroad grant lands,
    or revested Coos Bay Wagon Road grant lands, and which in his
    opinion are chiefly valuable for grazing and raising forage crops:
    Provided, That no lands withdrawn or reserved for any other purpose
    shall be included in any such district except with the approval of
    the head of the department having jurisdiction thereof. Nothing in
    this subchapter shall be construed in any way to diminish,
    restrict, or impair any right which has been heretofore or may be
    hereafter initiated under existing law validly affecting the public
    lands, and which is maintained pursuant to such law except as
    otherwise expressly provided in this subchapter nor to affect any
    land heretofore or hereafter surveyed which, except for the
    provisions of this subchapter, would be a part of any grant to any
    State, nor as limiting or restricting the power or authority of any
    State as to matters within its jurisdiction. Whenever any grazing
    district is established pursuant to this subchapter, the Secretary
    shall grant to owners of land adjacent to such district, upon
    application of any such owner, such rights-of-way over the lands
    included in such district for stock-driving purposes as may be
    necessary for the convenient access by any such owner to marketing
    facilities or to lands not within such district owned by such
    person or upon which such person has stock-grazing rights. Neither
    this subchapter nor the Act of December 29, 1916 (39 Stat. 862;
    U.S.C., title 43, secs. 291 and following), commonly known as the
    "Stock Raising Homestead Act", shall be construed as limiting the
    authority or policy of Congress or the President to include in
    national forests public lands of the character described in section
    471 (!1) of title 16, for the purposes set forth in section 475 of
    title 16, or such other purposes as Congress may specify. Before
    grazing districts are created in any State as herein provided, a
    hearing shall be held in the State, after public notice thereof
    shall have been given, at such location convenient for the
    attendance of State officials, and the settlers, residents, and
    livestock owners of the vicinity, as may be determined by the
    Secretary of the Interior. No such district shall be established
    until the expiration of ninety days after such notice shall have
    been given, nor until twenty days after such hearing shall be held:
    Provided, however, That the publication of such notice shall have
    the effect of withdrawing all public lands within the exterior
    boundary of such proposed grazing districts from all forms of entry
    of settlement. Nothing in this subchapter shall be construed as in
    any way altering or restricting the right to hunt or fish within a
    grazing district in accordance with the laws of the United States
    or of any State, or as vesting in any permittee any right
    whatsoever to interfere with hunting or fishing within a grazing
    district.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 1, 48 Stat. 1269; June 26, 1936, ch.
    842, title I, Sec. 1, 49 Stat. 1976; May 28, 1954, ch. 243, Sec. 2,
    68 Stat. 151.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Stock Raising Homestead Act, referred to in text, is act Dec.
    29, 1916, ch. 9, 39 Stat. 862, as amended, which was classified
    generally to subchapter X (Sec. 291 et seq.) of chapter 7 of this
    title and was repealed by Pub. L. 94-579, title VII, Secs. 702,
    704(a), Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9
    and 11 which are classified to sections 299 and 301, respectively,
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 291 of this title and
    Tables.
      Section 471 of title 16, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.
    2792.

-MISC1-
                                AMENDMENTS                            
      1954 - Act May 28, 1954, struck out of first sentence provision
    limiting to one hundred and forty-two million acres the area which
    might be included in grazing districts.
      1936 - Act June 26, 1936, increased acreage which could be
    included in grazing districts from 80 million to 142 million acres.

                                SHORT TITLE                            
      Act June 28, 1934, which enacted this subchapter, is popularly
    known as the "Taylor Grazing Act".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 315a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315a. Protection, administration, regulation, and improvement
      of districts; rules and regulations; study of erosion and flood
      control; offenses

-STATUTE-
      The Secretary of the Interior shall make provision for the
    protection, administration, regulation, and improvement of such
    grazing districts as may be created under the authority of section
    315 of this title, and he shall make such rules and regulations and
    establish such service, enter into such cooperative agreements, and
    do any and all things necessary to accomplish the purposes of this
    subchapter and to insure the objects of such grazing districts,
    namely, to regulate their occupancy and use, to preserve the land
    and its resources from destruction or unnecessary injury, to
    provide for the orderly use, improvement, and development of the
    range; and the Secretary of the Interior is authorized to continue
    the study of erosion and flood control and to perform such work as
    may be necessary amply to protect and rehabilitate the areas
    subject to the provisions of this subchapter, through such funds as
    may be made available for that purpose, and any willful violation
    of the provisions of this subchapter or of such rules and
    regulations thereunder after actual notice thereof shall be
    punishable by a fine of not more than $500.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 2, 48 Stat. 1270.)

-End-

-CITE-
    43 USC Sec. 315b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315b. Grazing permits; fees; vested water rights; permits not
      to create right in land

-STATUTE-
      The Secretary of the Interior is authorized to issue or cause to
    be issued permits to graze livestock on such grazing districts to
    such bona fide settlers, residents, and other stock owners as under
    his rules and regulations are entitled to participate in the use of
    the range, upon the payment annually of reasonable fees in each
    case to be fixed or determined from time to time in accordance with
    governing law. Grazing permits shall be issued only to citizens of
    the United States or to those who have filed the necessary
    declarations of intention to become such, as required by the
    naturalization laws, and to groups, associations, or corporations
    authorized to conduct business under the laws of the State in which
    the grazing district is located. Preference shall be given in the
    issuance of grazing permits to those within or near a district who
    are landowners engaged in the livestock business, bona fide
    occupants or settlers, or owners of water or water rights, as may
    be necessary to permit the proper use of lands, water or water
    rights owned, occupied, or leased by them, except that until July
    1, 1935, no preference shall be given in the issuance of such
    permits to any such owner, occupant, or settler, whose rights were
    acquired between January 1, 1934, and December 31, 1934, both
    dates, inclusive, except that no permittee complying with the rules
    and regulations laid down by the Secretary of the Interior shall be
    denied the renewal of such permit, if such denial will impair the
    value of the grazing unit of the permittee, when such unit is
    pledged as security for any bona fide loan. Such permits shall be
    for a period of not more than ten years, subject to the preference
    right of the permittees to renewal in the discretion of the
    Secretary of the Interior, who shall specify from time to time
    numbers of stock and seasons of use. During periods of range
    depletion due to severe drought or other natural causes, or in case
    of a general epidemic of disease, during the life of the permit,
    the Secretary of the Interior is authorized, in his discretion to
    remit, reduce, refund in whole or in part, or authorize
    postponement of payment of grazing fees for such depletion period
    so long as the emergency exists: Provided further, That nothing in
    this subchapter shall be construed or administered in any way to
    diminish or impair any right to the possession and use of water for
    mining, agriculture, manufacture, or other purposes which has
    heretofore vested or accrued under existing law validly affecting
    the public lands or which may be hereafter initiated or acquired
    and maintained in accordance with such law. So far as consistent
    with the purposes and provisions of this subchapter, grazing
    privileges recognized and acknowledged shall be adequately
    safeguarded, but the creation of a grazing district or the issuance
    of a permit pursuant to the provisions of this subchapter shall not
    create any right, title, interest, or estate in or to the lands.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 3, 48 Stat. 1270; Aug. 6, 1947, ch.
    507, Sec. 1, 61 Stat. 790; Pub. L. 94-579, title IV, Sec.
    401(b)(3), Oct. 21, 1976, 90 Stat. 2773.)

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 substituted provisions authorizing fees to
    be fixed in accordance with governing law, for provisions
    authorizing fees to take into account public benefits to users of
    grazing districts over and above benefits accruing to users of
    forage resources and provisions requiring fees to consist of a
    grazing fee and a range-improvement fee.
      1947 - Act Aug. 6, 1947, provided for method to be used by
    Secretary of the Interior in fixing amount of grazing fees and by
    assessing a separate grazing fee and a range-improvement fee.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 315c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315c. Fences, wells, reservoirs, and other improvements;
      construction; permits; partition fences

-STATUTE-
      Fences, wells, reservoirs, and other improvements necessary to
    the care and management of the permitted livestock may be
    constructed on the public lands within such grazing districts under
    permit issued by the authority of the Secretary, or under such
    cooperative arrangement as the Secretary may approve. Permittees
    shall be required by the Secretary of the Interior to comply with
    the provisions of law of the State within which the grazing
    district is located with respect to the cost and maintenance of
    partition fences. No permit shall be issued which shall entitle the
    permittee to the use of such improvements constructed and owned by
    a prior occupant until the applicant has paid to such prior
    occupant the reasonable value of such improvements to be determined
    under rules and regulations of the Secretary of the Interior. The
    decision of the Secretary in such cases is to be final and
    conclusive.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 4, 48 Stat. 1271.)

-End-

-CITE-
    43 USC Sec. 315d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315d. Grazing stock for domestic purposes; use of natural
      resources

-STATUTE-
      The Secretary of the Interior shall permit, under regulations to
    be prescribed by him, the free grazing within such districts of
    livestock kept for domestic purposes; and provided that so far as
    authorized by existing law or laws hereinafter enacted, nothing
    contained in this subchapter shall prevent the use of timber,
    stone, gravel, clay, coal, and other deposits by miners,
    prospectors for mineral, bona fide settlers and residents, for
    firewood, fencing, buildings, mining, prospecting, and domestic
    purposes within areas subject to the provisions of this subchapter.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 5, 48 Stat. 1271.)

-End-

-CITE-
    43 USC Sec. 315e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315e. Rights of way; development of mineral resources

-STATUTE-
      Nothing contained in this subchapter shall restrict the
    acquisition, granting or use of permits or rights of way within
    grazing districts under existing law; or ingress or egress over the
    public lands in such districts for all proper and lawful purposes;
    and nothing contained in this subchapter shall restrict
    prospecting, locating, developing, mining, entering, leasing, or
    patenting the mineral resources of such districts under law
    applicable thereto.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 6, 48 Stat. 1272.)

-End-

-CITE-
    43 USC Sec. 315f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315f. Homestead entry within district or withdrawn lands;
      classification; preferences

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to examine and classify any lands withdrawn or reserved by
    Executive order of November 26, 1934 (numbered 6910), and
    amendments thereto, and Executive order of February 5, 1935
    (numbered 6964), or within a grazing district, which are more
    valuable or suitable for the production of agricultural crops than
    for the production of native grasses and forage plants, or more
    valuable or suitable for any other use than for the use provided
    for under this subchapter or proper for acquisition in satisfaction
    of any outstanding lieu, exchange or script (!1) rights or land
    grant, and to open such lands to entry, selection, or location for
    disposal in accordance with such classification under applicable
    public-land laws, except that homestead entries shall not be
    allowed for tracts exceeding three hundred and twenty acres in
    area. Such lands shall not be subject to disposition, settlement,
    or occupation until after the same have been classified and opened
    to entry: Provided, That locations and entries under the mining
    laws including the Act of February 25, 1920, as amended [30 U.S.C.
    181 et seq.], may be made upon such withdrawn and reserved areas
    without regard to classification and without restrictions or
    limitation by any provision of this subchapter. Where such lands
    are located within grazing districts reasonable notice shall be
    given by the Secretary of the Interior to any grazing permittee of
    such lands. The applicant, after his entry, selection, or location
    is allowed, shall be entitled to the possession and use of such
    lands: Provided, That upon the application of any applicant
    qualified to make entry, selection, or location, under the public-
    land laws, filed in the land office of the proper district, the
    Secretary of the Interior shall cause any tract to be classified,
    and such application, if allowed by the Secretary of the Interior,
    shall entitle the applicant to a preference right to enter, select,
    or locate such lands if opened to entry as herein provided.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 7, 48 Stat. 1272; June 26, 1936, ch.
    842, title I, Sec. 2, 49 Stat. 1976.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws, referred to in text, are classified generally to
    Title 30, Mineral Lands and Mining.
      Act of February 25, 1920, as amended, referred to in text, is act
    Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30. For complete classification of this
    Act to the Code, see Short Title note set out under section 181 of
    Title 30 and Tables.
      The public-land laws, referred to in text, are classified
    generally to this title.

-MISC1-
                                AMENDMENTS                            
      1936 - Act June 26, 1936, amended section generally.

-FOOTNOTE-
    (!1) So in original. Probably should be "scrip".

-End-

-CITE-
    43 USC Secs. 315g, 315g-1                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Secs. 315g, 315g-1. Repealed. Pub. L. 94-579, title VII, Sec.
      705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-
      Section 315g, acts June 28, 1934, ch. 865, Sec. 8, 48 Stat. 1272;
    June 26, 1936, ch. 842, title I, Sec. 3, 49 Stat. 1976; June 19,
    1948, ch. 548, Sec. 1, 62 Stat. 533, related to acceptance of
    donations of grazing lands.
      Section 315g-1, Pub. L. 87-524, July 9, 1962, 76 Stat. 140,
    authorized lands acquired under former section 315g of this title
    which were parts of national forests to be continued in such
    status.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 315h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315h. Cooperation with associations, land officials, and
      agencies engaged in conservation or propagation of wildlife;
      local hearings on appeals; acceptance and use of contributions

-STATUTE-
      The Secretary of the Interior shall provide, by suitable rules
    and regulations, for cooperation with local associations of
    stockmen, State land officials, and official State agencies engaged
    in conservation or propagation of wildlife interested in the use of
    the grazing districts. The Secretary of the Interior shall provide
    by appropriate rules and regulations for local hearings on appeals
    from the decisions of the administrative officer in charge in a
    manner similar to the procedure in the land department. The
    Secretary of the Interior shall also be empowered to accept
    contributions toward the administration, protection, and
    improvement of lands within or without the exterior boundaries of a
    grazing district, moneys, so received to be covered into the
    Treasury as a special fund, which is appropriated and made
    available until expended, as the Secretary of the Interior may
    direct, for payment of expenses incident to said administration,
    protection, and improvement, and for refunds to depositors of
    amounts contributed by them in excess of their share of the cost.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 9, 48 Stat. 1273; June 19, 1948, ch.
    548, Sec. 2, 62 Stat. 533.)

-MISC1-
                                AMENDMENTS                            
      1948 - Act June 19, 1948, substituted "lands within or without
    the external boundaries of a grazing district" for "the district"
    in third sentence, in order to permit acceptance of lands without
    boundaries of grazing district.

-End-

-CITE-
    43 USC Sec. 315i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315i. Disposition of moneys received; availability for
      improvements

-STATUTE-
      Except as provided in sections 315h and 315j of this title, all
    moneys received under the authority of this subchapter shall be
    deposited in the Treasury of the United States as miscellaneous
    receipts, but the following proportions of the moneys so received
    shall be distributed as follows: (a) 12 1/2  per centum of the
    moneys collected as grazing fees under section 315b of this title
    during any fiscal year shall be paid at the end thereof by the
    Secretary of the Treasury to the State in which the grazing
    districts producing such moneys are situated, to be expended as the
    State legislature of such State may prescribe for the benefit of
    the county or counties in which the grazing districts producing
    such moneys are situated: Provided, That if any grazing district is
    in more than one State or county, the distributive share to each
    from the proceeds of said district shall be proportional to its
    area in said district; (b) 50 per centum of all moneys collected
    under section 315m of this title (!1) during any fiscal year shall
    be paid at the end thereof by the Secretary of the Treasury to the
    State in which the lands producing such moneys are located, to be
    expended as the State legislature of such State may prescribe for
    the benefit of the county or counties in which the lands producing
    such moneys are located: Provided, That if any leased tract is in
    more than one State or county, the distributive share to each from
    the proceeds of said leased tract shall be proportional to its area
    in said leased tract.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 10, 48 Stat. 1273; June 26, 1936, ch.
    842, title I, Sec. 4, 49 Stat. 1978; Aug. 6, 1947, ch. 507, Sec. 2,
    61 Stat. 790; Pub. L. 94-579, title IV, Sec. 401(b)(2), Oct. 21,
    1976, 90 Stat. 2773.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 315m of this title, referred to in text, was in the
    original "said section", referring back to section 315m cited in a
    preceding provision which was deleted by Pub. L. 94-579 without
    correction to phrase "said section".

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 in cl. (b) struck out authorization of
    availability of 25 per centum of all moneys collected under section
    315m of this title during any fiscal year for construction, etc.,
    of range improvements.
      1947 - Act Aug. 6, 1947, reduced States' share of grazing fees
    collected under section 315b of this title from 50 to 12 1/2  per
    centum and provided for distribution of grazing fees collected
    under section 315m of this title with 25 per centum available for
    range improvements and 50 per centum paid to the State.
      1936 - Act June 26, 1936, substituted "under this subchapter
    during any fiscal year" for "from each grazing district during any
    fiscal year", wherever appearing, "in which the grazing districts
    or lands producing such moneys are situated" for "in which said
    grazing district is situated" wherever appearing, and inserted in
    proviso "or leased tract" after "grazing district" wherever
    appearing.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 315j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315j. Appropriation of moneys received; application of public-
      land laws to Indian ceded lands; application for mineral title
      to lands

-STATUTE-
      When appropriated by Congress, 33 1/3  per centum of all grazing
    fees received from each grazing district on Indian lands ceded to
    the United States for disposition under the public-land laws during
    any fiscal year shall be paid at the end thereof by the Secretary
    of the Treasury to the State in which said lands are situated, to
    be expended as the State legislature may prescribe for the benefit
    of public schools and public roads of the county or counties in
    which such grazing lands are situated. And the remaining 66 2/3 
    per centum of all grazing fees received from such grazing lands
    shall be deposited to the credit of the Indians pending final
    disposition under applicable laws, treaties, or agreements. The
    applicable public land laws as to said Indian ceded lands within a
    district created under this subchapter shall continue in operation,
    except that each and every application for nonmineral title to said
    lands in a district created under this subchapter shall be allowed
    only if in the opinion of the Secretary of the Interior the land is
    of the character suited to disposal through the Act under which
    application is made and such entry and disposal will not affect
    adversely the best public interest, but no settlement or occupation
    of such lands shall be permitted until ninety days after allowance
    of an application.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 11, 48 Stat. 1273; Aug. 6, 1947, ch.
    507, Sec. 3, 61 Stat. 791.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in text, are classified
    generally to this title.

-MISC1-
                                AMENDMENTS                            
      1947 - Act Aug. 6, 1947, provided that 33 1/3  per centum of
    grazing fees on certain Indian lands be paid to the States and the
    remaining 66 2/3  per centum of such fees be credited to the
    Indians.

-End-

-CITE-
    43 USC Sec. 315k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315k. Cooperation with governmental departments; coordination
      of range administration

-STATUTE-
      The Secretary of the Interior is authorized to cooperate with any
    department of the Government in carrying out the purposes of this
    subchapter and in the coordination of range administration,
    particularly where the same stock grazes part time in a grazing
    district and part time in a national forest or other reservation.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 12, 48 Stat. 1274.)

-End-

-CITE-
    43 USC Sec. 315l                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315l. Lands under national-forest administration

-STATUTE-
      The President of the United States is authorized to reserve by
    proclamation and place under national-forest administration in any
    State where national forests may be created or enlarged by
    Executive order any unappropriated public lands lying within
    watersheds forming a part of the national forests which, in his
    opinion, can best be administered in connection with existing
    national-forest administration units, and to place under the
    Interior Department administration any lands within national
    forests, principally valuable for grazing, which, in his opinion,
    can best be administered under the provisions of this subchapter:
    Provided, That such reservations or transfers shall not interfere
    with legal rights acquired under any public-land laws so long as
    such rights are legally maintained. Lands placed under the national-
    forest administration under the authority of this subchapter shall
    be subject to all the laws and regulations relating to national
    forests, and lands placed under the Interior Department
    administration shall be subject to all public-land laws and
    regulations applicable to grazing districts created under authority
    of this subchapter. Nothing in this section shall be construed so
    as to limit the powers of the President (relating to
    reorganizations in the executive departments) granted by sections
    124 to 132 of title 5.(!1)

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 13, 48 Stat. 1274.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public-land laws, referred to in text, are classified
    generally to this title.
      Sections 124 to 132 of title 5, referred to in text, was in the
    original "title 4 of the Act entitled 'An Act making appropriations
    for the Treasury and Post Office Departments for the fiscal year
    ending June 30, 1934, and for other purposes', approved March 3,
    1933", meaning Title IV of Part II (Secs. 401-409) of the
    Legislative Appropriation Act, fiscal year 1933, as amended
    generally by section 16 of act Mar. 3, 1933, ch. 212, 47 Stat.
    1517, which was classified to sections 124 to 132 of former Title
    5, Executive Departments and Government Officers and Employees.
    Sections 124 to 131 of former Title 5 were repealed by Pub. L. 89-
    554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, the first section of
    which enacted Title 5, Government Organization and Employees, and
    section 132 of former Title 5 was omitted as executed pursuant to
    its own terms.

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 315m                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315m. Lease of isolated or disconnected tracts for grazing;
      preferences

-STATUTE-
      The Secretary of the Interior is further authorized, in his
    discretion, where vacant, unappropriated, and unreserved lands of
    the public domain are so situated as not to justify their inclusion
    in any grazing district to be established pursuant to this
    subchapter, to lease any such lands for grazing purposes, upon such
    terms and conditions as the Secretary may prescribe: Provided, That
    preference shall be given to owners, homesteaders, lessees, or
    other lawful occupants of contiguous lands to the extent necessary
    to permit proper use of such contiguous lands, except, that when
    such isolated or disconnected tracts embrace seven hundred and
    sixty acres or less, the owners, homesteaders, lessees, or other
    lawful occupants of lands contiguous thereto or cornering thereon
    shall have a preference right to lease the whole of such tract,
    during a period of ninety days after such tract is offered for
    lease, upon the terms and conditions prescribed by the Secretary:
    Provided further, That when public lands are restored from a
    withdrawal, the Secretary may grant an appropriate preference right
    for a grazing lease, license, or permit to users of the land for
    grazing purposes under authority of the agency which had
    jurisdiction over the lands immediately prior to the time of their
    restoration.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 15, 48 Stat. 1275; June 26, 1936, ch.
    842, title I, Sec. 5, 49 Stat. 1978; May 28, 1954, ch. 243, Sec. 1,
    68 Stat. 151.)

-MISC1-
                                AMENDMENTS                            
      1954 - Act May 28, 1954, inserted proviso authorizing Secretary
    to grant a preference right to users of withdrawn public lands for
    grazing purposes when lands are restored from withdrawal.
      1936 - Act June 26, 1936, inserted first proviso.

-End-

-CITE-
    43 USC Sec. 315m-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315m-1. Lease of State, county, or privately owned lands;
      period of lease; rental

-STATUTE-
      The Secretary of the Interior in his discretion is authorized to
    lease at rates to be determined by him any State, county, or
    privately owned lands chiefly valuable for grazing purposes and
    lying within the exterior boundaries of a grazing district when, in
    his judgment, the leasing of such lands will promote the orderly
    use of the district and aid in conserving the forage resources of
    the public lands therein: Provided, That no such leases shall run
    for a period of more than ten years and in no event shall the
    grazing fees paid the United States for the grazing privileges on
    any of the lands leased under the provisions of this section be
    less than the rental paid by the United States for any of such
    lands: Provided further, That nothing in this section shall be
    construed as authorizing the appropriation of any moneys except
    that moneys heretofore or hereafter appropriated for construction,
    purchase, and maintenance of range improvements within grazing
    districts, pursuant to the provisions of sections 315i and 315j of
    this title, may be made additionally available by Congress for the
    leasing of land under this section and sections 315m-2 to 315m-4 of
    this title.

-SOURCE-
    (June 23, 1938, ch. 603, Sec. 1, 52 Stat. 1033.)

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of act June 28, 1934, known as
    the Taylor Grazing Act, which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 315m-2                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315m-2. Administration of leased lands

-STATUTE-
      The lands leased under sections 315m-1 to 315m-4 of this title
    shall be administered under the provisions of the Act of June 28,
    1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976),
    commonly known as the Taylor Grazing Act.

-SOURCE-
    (June 23, 1938, ch. 603, Sec. 2, 52 Stat. 1033.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936
    (49 Stat. 1976), referred to in text, is act June 28, 1934, ch.
    865, 48 Stat. 1269, as amended, known as the Taylor Grazing Act,
    which is classified principally to this subchapter (Sec. 315 et
    seq.). For complete classification of this Act to the Code, see
    Short Title note set out under section 315 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of act June 28, 1934, known as
    the Taylor Grazing Act, which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 315m-3                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315m-3. Availability of contributions received

-STATUTE-
      Contributions received by the Secretary of the Interior under
    section 315h of this title, toward the administration, protection,
    and improvement of any district shall be additionally available for
    the leasing of lands under sections 315m-1 to 315m-4 of this title.

-SOURCE-
    (June 23, 1938, ch. 603, Sec. 3, 52 Stat. 1033.)

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of act June 28, 1934, known as
    the Taylor Grazing Act, which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 315m-4                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315m-4. Disposition of receipts; availability for leasing of
      land

-STATUTE-
      All moneys received by the Secretary of the Interior in the
    administration of leased lands as provided in section 315m-2 of
    this title shall be deposited in the Treasury of the United States
    as miscellaneous receipts, but are made available, when
    appropriated by the Congress, for the leasing of lands under
    sections 315m-1 to 315m-4 of this title and shall not be
    distributed as provided under sections 315i and 315j of this title.

-SOURCE-
    (June 23, 1938, ch. 603, Sec. 4, 52 Stat. 1033.)

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of act June 28, 1934, known as
    the Taylor Grazing Act, which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 315n                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315n. State police power not abridged

-STATUTE-
      Nothing in this subchapter shall be construed as restricting the
    respective States from enforcing any and all statutes enacted for
    police regulation, nor shall the police power of the respective
    States be, by this subchapter, impaired or restricted, and all laws
    heretofore enacted by the respective States or any thereof, or that
    may hereafter be enacted as regards public health or public
    welfare, shall at all times be in full force and effect: Provided,
    however, That nothing in this section shall be construed as
    limiting or restricting the power and authority of the United
    States.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 16, 48 Stat. 1275.)

-End-

-CITE-
    43 USC Sec. 315o                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315o. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 649

-MISC1-
      Section, act June 28, 1934, ch. 865, Sec. 17, as added June 26,
    1936, ch. 842, Sec. 6, 49 Stat. 1978, authorized the President to
    select a Director of Grazing and the Secretary of the Interior to
    appoint assistant directors and employees.

-End-

-CITE-
    43 USC Sec. 315o-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315o-1. Board of grazing district advisers; composition;
      meetings; duties

-STATUTE-
      (a) In order that the Secretary of the Interior may have the
    benefit of the fullest information and advice concerning physical,
    economic, and other local conditions in the several grazing
    districts, there shall be an advisory board of local stockmen in
    each such district, the members of which shall be known as grazing
    district advisers. Each such board shall consist of not less than
    five nor more than twelve members, exclusive of wildlife
    representatives, one such representative to be appointed by the
    Secretary, in his discretion, to membership on each such board.
    Except for such wildlife representatives, the names of the members
    of each district advisory board shall be recommended to the
    Secretary by the users of the range in that district through an
    election conducted under rules and regulations prescribed by the
    Secretary. No grazing district adviser so recommended, however,
    shall assume office until he has been appointed by the Secretary
    and has taken an oath of office. The Secretary may, after due
    notice, remove any grazing district adviser from office if in his
    opinion such removal would be for the good of the service.
      (b) Each district advisory board shall meet at least once
    annually at a time to be fixed by the Secretary of the Interior, or
    by such other officer to whom the Secretary may delegate the
    function of issuing grazing permits, and at such other times as its
    members may be called by such officer. Each board shall offer
    advice and make a recommendation on each application for such a
    grazing permit within its district: Provided, That in no case shall
    any grazing district adviser participate in any advice or
    recommendation concerning a permit, or an application therefor, in
    which he is directly or indirectly interested. Each board shall
    further offer advice or make recommendations concerning rules and
    regulations for the administration of this subchapter, the
    establishment of grazing districts and the modification of the
    boundaries thereof, the seasons of use and carrying capacity of the
    range, and any other matters affecting the administration of this
    subchapter within the district. Except in a case where in the
    judgment of the Secretary an emergency shall exist, the Secretary
    shall request the advice of the advisory board in advance of the
    promulgation of any rules and regulations affecting the district.

-SOURCE-
    (June 28, 1934, ch. 865, Sec. 18, as added July 14, 1939, ch. 270,
    53 Stat. 1002; amended 1946 Reorg. Plan No. 3, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Interior" substituted for "Director of Grazing"
    in subsec. (b) on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished Grazing Service and transferred functions of
    Grazing Service to a new agency in Department of the Interior to be
    known as Bureau of Land Management. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-MISC1-
                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards in existence on Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period following Jan. 5,
    1973, unless, in the case of a board established by the President
    or an officer of the Federal Government, such board is renewed by
    appropriate action prior to the expiration of such 2-year period,
    or in the case of a board established by the Congress, its duration
    is otherwise provided by law. Advisory boards established after
    Jan. 5, 1973, to terminate not later than the expiration of the 2-
    year period beginning on the date of their establishment, unless,
    in the case of a board established by the President or an officer
    of the Federal Government, such board is renewed by appropriate
    action prior to the expiration of such 2-year period, or in the
    case of a board established by the Congress, its duration is
    otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-
    463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
    Title 5, Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 315o-2                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315o-2. Animals and equipment for field employees

-STATUTE-
      The Secretary of the Interior may require field employees of the
    Bureau of Land Management to furnish horses and miscellaneous
    equipment necessary for the performance of their official work and
    may provide at Government expense forage, care, and housing for
    such animals and equipment.

-SOURCE-
    (Dec. 18, 1942, ch. 769, 56 Stat. 1067; 1946 Reorg. Plan No. 3,
    Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of act June 28, 1934, known as
    the Taylor Grazing Act, which comprises this subchapter.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Bureau of Land Management" substituted for "Grazing Service" on
    authority of section 403 of Reorg. Plan No. 3 of 1946, which
    abolished Grazing Service and transferred functions of Grazing
    Service to a new agency to be known as Bureau of Land Management.
    See section 403 of Reorg. Plan No. 3 of 1946, set out as a note
    under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 315p                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315p. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act Aug. 24, 1937, ch. 744, 50 Stat. 748, authorized
    issuance of patents for lands acquired under exchange provisions of
    former section 315g of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 315q                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315q. Withdrawal of lands for war or national defense
      purposes; payment for cancellation of permits or licenses

-STATUTE-
      Whenever use for war or national defense purposes of the public
    domain or other property owned by or under the control of the
    United States prevents its use for grazing, persons holding grazing
    permits or licenses and persons whose grazing permits or licenses
    have been or will be canceled because of such use shall be paid out
    of the funds appropriated or allocated for such project such
    amounts as the head of the department or agency so using the lands
    shall determine to be fair and reasonable for the losses suffered
    by such persons as a result of the use of such lands for war or
    national defense purposes. Such payments shall be deemed payment in
    full for such losses. Nothing contained in this section shall be
    construed to create any liability not now existing against the
    United States.

-SOURCE-
    (July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, Sec.
    1, 62 Stat. 277.)

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of act June 28, 1934, known as
    the Taylor Grazing Act, which comprises this subchapter.

-MISC1-
                                AMENDMENTS                            
      1948 - Act May 28, 1948, inserted "or national defense" between
    "war" and "purposes" wherever appearing.

                     EFFECTIVE DATE OF 1948 AMENDMENT                 
      Section 2 of act May 28, 1948, provided that: "This amendment
    [amending this section] is to take effect as of July 25, 1947."

                    TERMINATION OF WAR AND EMERGENCIES                
      Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided
    that in the interpretation of this section, the date July 25, 1947,
    shall be deemed to be the date of termination of any state of war
    theretofore declared by Congress and of the national emergencies
    proclaimed by the President on September 8, 1939, and May 27, 1941.

-End-

-CITE-
    43 USC Sec. 315r                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 315r. Rental payments in advance in case of withdrawal of
      lands for war or national defense purposes

-STATUTE-
      In administering the provisions of section 315q of this title,
    payments of rentals may be made in advance.

-SOURCE-
    (Oct. 29, 1949, ch. 787, title III, Sec. 301, 63 Stat. 996.)

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of act June 28, 1934, known as
    the Taylor Grazing Act, which comprises this subchapter.

-End-

-CITE-
    43 USC SUBCHAPTER II - ALASKA                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
                          SUBCHAPTER II - ALASKA                      

-End-

-CITE-
    43 USC Sec. 316                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316. Declaration of policy

-STATUTE-
      It is declared to be the policy of Congress in promoting the
    conservation of the natural resources of Alaska to provide for the
    protection and development of forage plants and for the beneficial
    utilization thereof for grazing by livestock under such regulations
    as may be considered necessary and consistent with the purposes and
    provisions of this subchapter. In effectuating this policy the use
    of these lands for grazing shall be subordinated (a) to the
    development of their mineral resources, (b) to the protection,
    development, and utilization of their forests, (c) to the
    protection, development, and utilization of their water resources,
    (d) to their use for agriculture, and (e) to the protection,
    development, and utilization of such other resources as may be of
    greater benefit to the public.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 1, 44 Stat. 1452.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                SHORT TITLE                            
      Act Mar. 4, 1927, ch. 513, which is classified to this
    subchapter, is popularly known as the "Alaska Livestock Grazing
    Act".

-End-

-CITE-
    43 USC Sec. 316a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316a. Definitions

-STATUTE-
      As used in this subchapter - 
      (1) The term "person" means individual, partnership, corporation,
    or association.
      (2) The term "district" means any grazing district established
    under the provisions of section 316b of this title.
      (3) The term "Secretary" means the Secretary of the Interior.
      (4) The term "lessee" means the holder of any lease.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 2, 44 Stat. 1452.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471a of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316b. Grazing districts

-STATUTE-
      (a) The Secretary may establish grazing districts upon any public
    lands outside of the Aleutian Islands Reservation, national
    forests, and other reservations administered by the Secretary of
    Agriculture and outside of national parks and monuments which, in
    his opinion, are valuable for the grazing of livestock. Such
    districts may include such areas of surveyed and unsurveyed lands
    as he determines may be conveniently administered as a unit, even
    if such areas are neither contiguous nor adjacent.
      (b) The Secretary, after the establishment of a district, is
    authorized to lease the grazing privileges therein in accordance
    with the provisions of this subchapter.(!1)

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 3, 44 Stat. 1452.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (b), was in the original
    "this title" and has been translated as if the reference was to
    "this Act" to reflect the probable intent of Congress inasmuch as
    the act of Mar. 4, 1927, was not divided into titles.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471b of Title 48,
    Territories and Insular Possessions.

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 316c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316c. Alteration of grazing districts

-STATUTE-
      After any district is established the area embraced therein may
    be altered in any of the following ways:
      (1) The Secretary may add to such districts any public lands
    which, in his opinion, should be made a part of the district.
      (2) The Secretary, subject to existing rights of any lessee, may
    exclude from such district any lands which he determines are no
    longer valuable for grazing purposes or are more valuable for other
    purposes.
      (3) The Secretary may enter into cooperative agreement with any
    person, in respect of the administration, as a part of a district,
    of lands owned by such person which are contiguous or adjacent to
    such district or any part thereof.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 4, 44 Stat. 1452.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471c of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316d. Notice of establishment and alteration of grazing
      district; hearings

-STATUTE-
      Before establishing or altering a district the Secretary shall
    publish once a week for a period of six consecutive weeks in a
    newspaper of general circulation in each judicial division in which
    the district proposed to be established or altered is located, a
    notice describing the boundaries of the proposed district or the
    proposed alteration, announcing the date on which he proposes to
    establish such district or make such alteration and the location
    and date of hearings required under this section. No such
    alteration shall be made until after public hearings are held with
    respect to such alteration in each such judicial division after the
    publishing of such notice.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 5, 44 Stat. 1453; Pub. L. 90-403, Sec.
    1, July 18, 1968, 82 Stat. 358.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471d of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-403 required publication of notice of
    alteration of a grazing district in each judicial division in which
    the district proposed to be altered is located, the notice to
    describe the boundaries of the proposed alteration and location and
    date of requisite hearings, and also public hearings with respect
    to the alteration to be held in each such judicial division prior
    to making the alteration.

-End-

-CITE-
    43 USC Sec. 316e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316e. Preferences

-STATUTE-
      In considering applications to lease grazing privileges the
    Secretary shall, as far as is consistent with the efficient
    administration of the grazing district, prefer (1) natives, (2)
    other occupants of the range, and (3) settlers over all other
    applicants.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 6, 44 Stat. 1453.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471e of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316f. Terms and conditions of lease

-STATUTE-
    (a) Period of lease
      A lease may be made for such term as the Secretary deems
    reasonable, but not to exceed fifty-five years, taking into
    consideration all factors that are relevant to the exercise of the
    grazing privileges conferred.
    (b) Size of leasehold
      Leases shall be made for grazing on a definite area except where
    local conditions or the administration of grazing privileges makes
    more practicable a lease based on the number of stock to be grazed.
    (c) Terms for surrender of lease
      Each lease shall provide that the lessee may surrender his lease,
    and, if he has complied with the terms and conditions of the lease
    to the time of surrender, may avoid further liability for fees
    thereunder by giving written notice to the Secretary of such
    surrender. The lease shall specify the length of time of notice,
    which shall not exceed one year.
    (d) Terms for renewal of lease
      Each lease shall provide that the lessee may negotiate for
    renewal of such lease, subject to the provisions of this
    subchapter, at any time during the final five years of the term of
    such lease.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 7, 44 Stat. 1453; Pub. L. 90-403, Sec.
    2, July 18, 1968, 82 Stat. 358.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471f of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      1968 - Subsec. (a). Pub. L. 90-403, Sec. 2(a), substituted
    provisions for reasonable term of leases, limited to fifty-five
    years, and based on all factors relevant to exercise of grazing
    privileges for prior provisions for twenty year leases, except
    where land may be required for other than grazing purposes within a
    ten year period, and for shorter term leases as desired by
    applicant.
      Subsec. (d). Pub. L. 90-403, Sec. 2(b), added subsec. (d).

-End-

-CITE-
    43 USC Sec. 316g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316g. Grazing fees

-STATUTE-
      (a) The Secretary shall determine for each lease the grazing fee
    to be paid. Such fee shall - 
        (1) Be fixed on the basis of the area leased or on the basis of
      the number and kind of stock permitted to be grazed;
        (2) Be fixed, for the period of the lease, as a seasonal or
      annual fee, payable annually or semi-annually on the date
      specified in the lease;
        (3) Be fixed with due regard to the general economic value of
      the grazing privileges, and in no case shall exceed such value;
      and
        (4) Be moderate.

      (b) If the Secretary determines such action to be for the public
    interest by reason of (1) depletion or destruction of the range by
    any cause beyond the control of the lessee, or (2) calamity or
    disease causing wholesale destruction of or injury to livestock, he
    may grant an extension of time for making payment of any grazing
    fee undue any lease, reduce the amount of any such payment, or
    release or discharge the lessee from making such payment.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 8, 44 Stat. 1453.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471g of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316h. Dispositions of receipts

-STATUTE-
      All moneys received during any fiscal year on account of such
    fees in excess of the actual cost of administration of this
    subchapter shall be paid at the end thereof by the Secretary of the
    Treasury to the Territory of Alaska, to be expended in such manner
    as the Legislature of the Territory may direct for the benefit of
    public education and roads.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 9, 44 Stat. 1453.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471h of Title 48,
    Territories and Insular Possessions.

-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316i. Assignment of leases

-STATUTE-
      The lessee may, with the approval of the Secretary, assign in
    whole or in part any lease, and to the extent of such assignment be
    relieved from any liability in respect of such lease, accruing
    subsequent to the effective date of such assignment.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 10, 44 Stat. 1453.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471i of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316j. Improvements to leasehold

-STATUTE-
    (a) Authorization
      The Secretary may authorize a lessee to construct and/or maintain
    and utilize upon any area included within the provisions of his
    lease any fence, building, corral, reservoir, well or other
    improvements needed for the exercise of the grazing privileges of
    the lessee within such area; but any such fence shall be
    constructed as to permit the ingress and egress of miners,
    prospectors for minerals, and other persons entitled to enter such
    area for lawful purposes.
    (b) Removal of improvement upon termination of lease
      The lessee shall be given ninety days from the date of
    termination of his lease for any cause to remove from the area
    included within the provisions of his lease any fence, building,
    corral, or other removable range improvement owned or controlled by
    him.
    (c) Payment for improvement upon termination of lease
      If such lessee notifies the Secretary on or before the
    termination of his lease of his determination to leave on the land
    any improvements the construction or maintenance of which has been
    authorized by the Secretary, no other person shall use or occupy
    under any grazing lease, or entry under any public land law, the
    land on which any such improvements are located until there has
    been paid to the person entitled thereto the value of such
    improvements as determined by the Secretary.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 11, 44 Stat. 1454.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (c), are classified
    generally to this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471j of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316k. Penalties

-STATUTE-
      Within one year from the date of the establishment of any
    district the Secretary shall give notice by publication in one or
    more newspapers of general circulation in each judicial division in
    which such district or any part thereof is located that after the
    date specified in such notice it shall be unlawful for any person
    to graze any class of livestock on lands in such district except
    under authority of a lease made or permission granted by the
    Secretary; and any person who willfully grazes livestock on such
    lands after such date and without such authority shall, upon
    conviction, be punished by a fine of not more than $500.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 12, 44 Stat. 1454.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471k of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316l                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316l. Stock driveways and free grazing

-STATUTE-
    (a) Establishment, maintenance and regulation
      The Secretary may establish and maintain, and regulate the use
    of, stock driveways in districts and may charge a fee for or permit
    the free use of such driveways.
    (b) Grazing of livestock free of charge
      The Secretary may permit any person, including prospectors and
    miners, to graze free of charge a small number of livestock upon
    any land included within any grazing district.
    (c) Grazing allotments to Eskimos or other native or half-breed
      The Secretary may in his discretion grant a permit or lease for a
    grazing allotment without charge on unallotted public lands to any
    Eskimo or other native or half-breed. Whenever such native or half-
    breed grazes his livestock through cooperative agreement on
    allotment held by other lessee or permittee, any grazing fees
    charged for said allotment shall be reduced in proportion to the
    relative number of such native owned livestock to the total number
    on said allotment.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 13, 44 Stat. 1454.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471l of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 316m                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316m. Hearing and appeals

-STATUTE-
      (a) Any lessee of or applicant for grazing privileges, including
    any person described in subsection (c) of section 316l of this
    title, may procure a review of any action or decision of any
    officer or employee of the Interior Department in respect of such
    privileges, by filing with such officer as the Secretary of the
    Interior may designate of the local land office an application for
    a hearing, stating the nature of the action or decision complained
    of and the grounds of complaint. Upon the filing of any such
    application such officer of such land office shall proceed to
    review such action or decision as nearly as may be in accordance
    with the rules of practice then applicable to applications to
    contest entries under the public land law. Subject to such rules of
    practice, appeals may be taken by any party in interest from the
    decision of such officer to the Secretary.
      (b) The Secretary shall take no action which will adversely
    affect rights under any lease pursuant to this subchapter until
    notifying the holder of such lease that such action is proposed and
    giving such holder an opportunity for a hearing.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 14, 44 Stat. 1454; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100;
    Pub. L. 90-403, Sec. 3, July 18, 1968, 82 Stat. 358.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land law, referred to in subsec. (a), is classified
    generally to this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471m of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-403 designated existing provisions as subsec.
    (a) and added subsec. (b).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary" substituted for "Commissioner of the General Land
    Office" and "such officer as the Secretary of the Interior may
    designate" and "such officer" substituted for "register" on
    authority of section 403 of Reorg. Plan No. 3 of 1946, which
    abolished General Land Office and Commissioner thereof and
    transferred functions of General Land Office to a new agency in
    Department of the Interior to be known as Bureau of Land
    Management, and functions of Commissioner of General Land Office to
    Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 316n                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316n. Administration

-STATUTE-
      (a) The Secretary shall promulgate all rules and regulations
    necessary to the administration of this subchapter,(!1) shall
    execute its provisions, and may (1) in accordance with the civil
    service laws appoint such employees and in accordance with chapter
    51 and subchapter III of chapter 53 of title 5 fix their
    compensation, and (2) make such expenditures (including
    expenditures for personal service and rent at the seat of
    government and elsewhere, for law books, books of reference,
    periodicals, and for printing and binding) as may be necessary
    efficiently to execute the provisions of this subchapter.(!1)

      (b) The Secretary of Agriculture is authorized to continue
    investigations, experiments and demonstrations for the welfare,
    improvement, and increase of the reindeer industry in Alaska, and
    upon the request of the Secretary of the Interior to cooperate in
    matters pertaining to the care of plant and animal life, including
    reindeer.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 15, 44 Stat. 1455; Oct. 28, 1949, ch.
    782, title XI, Sec. 1106(a), 63 Stat. 972.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (a), was in the original
    "this title" and has been translated as if the reference was to
    "this Act" to reflect the probable intent of Congress inasmuch as
    the act of Mar. 4, 1927, was not divided into titles.
      The civil service laws, referred to in subsec. (a), are set out
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      In subsec. (a), "chapter 51 and subchapter III of chapter 53 of
    title 5" substituted for "the Classification act of 1949, as
    amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,
    80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.
      Section was formerly classified to section 471n of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      1949 - Subsec. (a). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923".

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sec.
    8, Sept. 6, 1966, 80 Stat. 632, 655.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 316o                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 8A - GRAZING LANDS
    SUBCHAPTER II - ALASKA

-HEAD-
    Sec. 316o. Laws applicable

-STATUTE-
      Laws now applicable to lands or resources in the Territory of
    Alaska shall continue in force and effect to the same extent and in
    the same manner after March 4, 1927, as before, and nothing in this
    subchapter shall preclude or prevent ingress or egress upon the
    lands in districts for any purpose authorized by any such law,
    including prospecting for and extraction of minerals.

-SOURCE-
    (Mar. 4, 1927, ch. 513, Sec. 16, 44 Stat. 1455.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 471o of Title 48,
    Territories and Insular Possessions.

-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-

-CITE-
    43 USC CHAPTER 9 - DESERT-LAND ENTRIES                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
                      CHAPTER 9 - DESERT-LAND ENTRIES                  

-MISC1-
    Sec.                                                     
    321.        Entry right generally; extent of right to appropriate
                 waters.                                              
    322.        Desert lands defined; question how determined.        
    323.        Application to certain States.                        
    324.        Assignment of entries.                                
    325.        Resident citizenship of State as qualification for
                 entry.                                               
    326.        Unsurveyed lands not subject to entry; preferential
                 right of entry after survey.                         
    327.        Filing irrigation plan; association of entrymen.      
    328.        Expenditures and cultivation requirements.            
    329.        Issue of patent on final proof; citizenship
                 requirement as to patentee; limit as to amount of
                 holding.                                             
    330.        Desert-land entry in addition to homestead entry.     
    331.        Reclamation requirements waived in favor of disabled
                 soldiers, etc.                                       
    332.        Omitted.                                              
    333.        Extension of time for completion of irrigation works. 
    334.        Further extension of time for final proofs.           
    335.        Further extension in cases not covered by sections 333
                 and 334 of this title.                               
    336.        Further extension in addition to that authorized by
                 sections 333 to 335 of this title.                   
    336a to 336d. Repealed or Omitted.                                
    337.        Entry, after expenditures, perfected as homestead
                 entry.                                               
    338.        Election to perfect entry; final proof.               
    339.        Perfection of title to entry; supplementary provisions
                 to sections 335, 337, and 338.                       

-End-

-CITE-
    43 USC Sec. 321                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 321. Entry right generally; extent of right to appropriate
      waters

-STATUTE-
      It shall be lawful for any citizen of the United States, or any
    person of requisite age "who may be entitled to become a citizen,
    and who has filed his declaration to become such" and upon payment
    of 25 cents per acre - to file a declaration under oath with the
    officer designated by the Secretary of the Interior of the land
    district in which any desert land is situated, that he intends to
    reclaim a tract of desert land not exceeding one-half section, by
    conducting water upon the same, within the period of three years
    thereafter: Provided, however, That the right to the use of water
    by the person so conducting the same, on or to any tract of desert
    land of three hundred and twenty acres shall depend upon bona fide
    prior appropriation; and such right shall not exceed the amount of
    water actually appropriated, and necessarily used for the purpose
    of irrigation and reclamation; and all surplus water over and above
    such actual appropriation and use, together with the water of all
    lakes, rivers, and other sources of water supply upon the public
    lands and not navigable, shall remain and be held free for the
    appropriation and use of the public for irrigation, mining, and
    manufacturing purposes subject to existing rights. Said declaration
    shall describe particularly said one-half section of land if
    surveyed, and, if unsurveyed, shall describe the same as nearly as
    possible without a survey. At any time within the period of three
    years after filing said declaration, upon making satisfactory proof
    to the officer designated by the Secretary of the Interior of the
    reclamation of said tract of land in the manner aforesaid, and upon
    the payment to such officer of the additional sum of $1 per acre
    for a tract of land not exceeding three hundred and twenty acres to
    any one person, a patent for the same shall be issued to him.
    Except as provided in section 3 of the Act of June 16, 1955, as
    amended, no person may make more than one entry under sections 321
    to 323, 325, and 327 to 329 of this title. However, in that entry
    one or more tracts may be included, and the tracts so entered need
    not be contiguous. The aggregate acreage of desert land which may
    be entered by any one person under this section shall not exceed
    three hundred and twenty acres, and all the tracts entered by one
    person shall be sufficiently close to each other to be managed
    satisfactorily as an economic unit, as determined under rules and
    regulations issued by the Secretary of the Interior.

-SOURCE-
    (Mar. 3, 1877, ch. 107, Sec. 1, 19 Stat. 377; Aug. 30, 1890, ch.
    837, Sec. 1, 26 Stat. 391; Mar. 3, 1891, ch. 561, Sec. 2, 26 Stat.
    1096; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925,
    ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 85-641, Sec. 1, Aug.
    14, 1958, 72 Stat. 596.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of the Act of June 16, 1955, referred to in text, is
    section 3 of act June 16, 1955, ch. 145, 69 Stat. 138, as amended,
    which is set out as an Additional Desert-Land Entry note under
    section 83 of Title 30, Mineral Lands and Mining.

-COD-
                               CODIFICATION                           
      The original text provided for the sale of 640 acres. The
    aggregate quantity which any person could acquire under all the
    land laws was limited, however, to 320 acres by act Aug. 30, 1890
    (set out as section 212 of this title) except in the case of
    mineral lands.

-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-641 permitted entry on one or more tracts, not
    contiguous, but sufficiently close to each other to be managed
    satisfactorily as an economic unit.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" and "such
    officer" substituted for "register" on authority of section 403 of
    Reorg. Plan No. 3 of 1946, which abolished all registers of
    district land offices and transferred functions of district land
    offices to Secretary of the Interior. See section 403 of Reorg.
    Plan No. 3 of 1946, set out as a note under section 1 of this
    title.
      Previously, references to register and receiver changed to
    register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated
    offices of register and receiver and provided for a single officer
    to be known as register.

-MISC2-
             ARIZONA ENTRIES DEPENDENT UPON PERCOLATING WATERS         
      Act Aug. 4, 1955, ch. 548, 69 Stat. 491, provided: "The
    requirement of section 1 of the Desert Land Act of March 3, 1877
    (19 Stat. 377) [this section], that the right to the use of water
    by a desert land entryman 'shall depend upon bona fide prior
    appropriation' shall be waived in the case of all desert land
    entries which have heretofore been allowed and are subsisting on
    the effective date of this Act [Aug. 4, 1955] which are dependent
    upon percolating waters for their reclamation, and which are
    situated in the State of Arizona under the laws of which the
    percolating waters upon which the entries are dependent are not
    subject to the doctrine of prior appropriation but are usable under
    State law for irrigation and reclamation purposes."

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 322                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 322. Desert lands defined; question how determined

-STATUTE-
      All lands exclusive of timber lands and mineral lands which will
    not, without irrigation, produce some agricultural crop, shall be
    deemed desert lands, within the meaning of sections 321 to 323,
    325, and 327 to 329 of this title, which fact shall be ascertained
    by proof of two or more credible witnesses under oath, whose
    affidavits shall be filed in the land office in which said tract of
    land may be situated.
      The determination of what may be considered desert land shall be
    subject to the decision and regulation of the Secretary of the
    Interior or such officer as he may designate.

-SOURCE-
    (Mar. 3, 1877, ch. 107, Secs. 2, 3, 19 Stat. 377; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      The first paragraph of this section is from section 2 of act Mar.
    3, 1877.
      The second paragraph of this section is from the last clause of
    section 3 of act Mar. 3, 1877. The first clause of section 3 is
    incorporated in section 323 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946, which
    abolished General Land Office and Commissioner thereof and
    transferred functions of General Land Office to a new agency in
    Department of the Interior to be known as Bureau of Land
    Management. See section 403 of Reorg. Plan No. 3 of 1946, set out
    as a note under section 1 of this title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 323                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 323. Application to certain States

-STATUTE-
      Sections 321 to 323, 325, and 327 to 329 of this title shall only
    apply to and take effect in the States of California, Colorado,
    Oregon, Nevada, Washington, Idaho, Montana, Utah, Wyoming, Arizona,
    New Mexico, and North and South Dakota.

-SOURCE-
    (Mar. 3, 1877, ch. 107, Secs. 3, 8, 19 Stat. 377; Mar. 3, 1891, ch.
    561, Sec. 2, 26 Stat. 1097; Jan. 6, 1921, ch. 12, 41 Stat. 1086.)

-COD-
                               CODIFICATION                           
      Section is from the first clause of section 3 of act Mar. 3,
    1877, and the first clause of section 8 of act Mar. 3, 1877, as
    added by act Mar. 3, 1891.
      The second clauses of section 3 and 8 of act Mar. 3, 1877, are
    incorporated in the second paragraph of section 322 and section 325
    of this title, respectively.
      The first clause of section 3 of act Mar. 3, 1877, provided that
    "this act shall only apply to and take effect in the States of
    California, Oregon and Nevada, and the Territories of Washington,
    Idaho, Montana, Utah, Wyoming, Arizona, New Mexico and Dakota".
      The first clause of section 8 of act Mar. 3, 1877, as added by
    act Mar. 3, 1891, provided for the inclusion of Colorado.
      The Territories of Washington, Idaho, Montana, Utah, Wyoming,
    Arizona, New Mexico and Dakota have become States since the
    enactment of act Mar. 3, 1877, the Territory of Dakota being
    divided, to form the States of North and South Dakota.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 324                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 324. Assignment of entries

-STATUTE-
      No assignment after March 28, 1908, of an entry made under
    sections 321 to 323, 325, and 327 to 329 of this title shall be
    allowed or recognized, except it be to an individual who is shown
    to be qualified to make entry under said sections of the land
    covered by the assigned entry, and such assignments may include all
    or part of an entry; but no assignment to or for the benefit of any
    corporation or association shall be authorized or recognized.

-SOURCE-
    (Mar. 28, 1908, ch. 112, Sec. 2, 35 Stat. 52.)

-End-

-CITE-
    43 USC Sec. 325                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 325. Resident citizenship of State as qualification for entry

-STATUTE-
      Excepting in the State of Nevada, no person shall be entitled to
    make entry of desert lands unless he be a resident citizen of the
    State or Territory in which the land sought to be entered is
    located.

-SOURCE-
    (Mar. 3, 1877, ch. 107, Sec. 8, as added Mar. 3, 1891, ch. 561,
    Sec. 2, 26 Stat. 1097; amended Jan. 6, 1921, ch. 12, 41 Stat.
    1086.)

-COD-
                               CODIFICATION                           
      Section is comprised of the second clause of section 8 of act
    Mar. 3, 1877, as added by act Mar. 3, 1891. The first clause of
    section 8 of act Mar. 3, 1877, is incorporated in section 323 of
    this title.
      Act Jan. 6, 1921, inserted introductory exception phrase.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 326                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 326. Unsurveyed lands not subject to entry; preferential right
      of entry after survey

-STATUTE-
      From and after March 28, 1908, the right to make entry of desert
    lands under the provisions of sections 321 to 323, 325, and 327 to
    329 of this title, shall be restricted to surveyed public lands of
    the character contemplated by said sections, and no such entries of
    unsurveyed lands shall be allowed or made of record: Provided,
    however, That any individual qualified to make entry of desert
    lands under said sections who has, prior to survey, taken
    possession of a tract of unsurveyed desert land not exceeding in
    area three hundred and twenty acres in compact form, and has
    reclaimed or has in good faith commenced the work of reclaiming the
    same, shall have the preference right to make entry of such tract
    under said sections, in conformity with the public land surveys,
    within ninety days after the filing of the approved plat of survey
    in the district land office.

-SOURCE-
    (Mar. 28, 1908, ch. 112, Sec. 1, 35 Stat. 52.)

-End-

-CITE-
    43 USC Sec. 327                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 327. Filing irrigation plan; association of entrymen

-STATUTE-
      At the time of filing the declaration required in section 321 of
    this title the party shall also file a map of said land, which
    shall exhibit a plan showing the mode of contemplated irrigation,
    and which plan shall be sufficient to thoroughly irrigate and
    reclaim said land, and prepare it to raise ordinary agricultural
    corps, and shall also show the source of the water to be used for
    irrigation and reclamation. Persons entering or proposing to enter
    separate sections, or fractional parts of sections, of desert
    lands, may associate together in the construction of canals and
    ditches for irrigating and reclaiming all of said tracts, and may
    file a joint map or maps showing their plan of internal
    improvements.

-SOURCE-
    (Mar. 3, 1877, ch. 107, Sec. 4, as added Mar. 3, 1891, ch. 561,
    Sec. 2, 26 Stat. 1096.)

-MISC1-
                         EXISTING CLAIMS; REPEALS                     
      Section 6 of act Mar. 3, 1877, as added by act Mar. 3, 1891, Sec.
    2, provided that existing claims should not be affected by act Mar.
    3, 1891, but might be perfected under sections 321 to 323 of this
    title, or under sections 325 and 327 to 329 of this title, at the
    option of the claimant, and also repealed all acts and parts of
    acts in conflict with act Mar. 3, 1891.

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 328                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 328. Expenditures and cultivation requirements

-STATUTE-
      No land shall be patented to any person under sections 321 to
    323, 325, and 327 to 329 of this title unless he or his assignors
    shall have expended in the necessary irrigation, reclamation, and
    cultivation thereof, by means of main canals and branch ditches,
    and in permanent improvements upon the land, and in the purchase of
    water rights for the irrigation of the same, at least $3 per acre
    of whole tract reclaimed and patented in the manner following:
    Within one year after making entry for such tract of desert land as
    aforesaid the party so entering shall expend not less than $1 per
    acre for the purposes aforesaid; and he shall in like manner expend
    the sum of $1 per acre during the second and also during the third
    year thereafter, until the full sum of $3 per acre is so expended.
    Said party shall file during each year with the officer designated
    by the Secretary of the Interior proof, by the affidavits of two or
    more credible witnesses, that the full sum of $1 per acre has been
    expended in such necessary improvements during such year, and the
    manner in which expended, and at the expiration of the third year a
    map or plan showing the character and extent of such improvements.
    If any party who has made such application shall fail during any
    year to file the testimony aforesaid the lands shall revert to the
    United States, and the 25 cents advanced payment shall be forfeited
    to the United States, and the entry shall be canceled. Nothing
    herein contained shall prevent a claimant from making his final
    entry and receiving his patent at an earlier date than hereinbefore
    prescribed, provided that he then makes the required proof of
    reclamation to the aggregate extent of $3 per acre: Provided, That
    proof be further required of the cultivation of one-eighth of the
    land.

-SOURCE-
    (Mar. 3, 1877, ch. 107, Sec. 5, as added Mar. 3, 1891, ch. 561,
    Sec. 2, 26 Stat. 1096; amended 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" substituted
    for "register" on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished all registers of district land offices and
    transferred functions of district land offices to Secretary of the
    Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as
    a note under section 1 of this title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 329                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 329. Issue of patent on final proof; citizenship requirement
      as to patentee; limit as to amount of holding

-STATUTE-
      At any time after filing the declaration, and within the period
    of four years thereafter, upon making satisfactory proof to the
    officer designated by the Secretary of the Interior of the
    reclamation and cultivation of said land to the extent and cost and
    in the manner aforesaid, and substantially in accordance with the
    plans herein provided for, and that he or she is a citizen of the
    United States, and upon payment to such officer of the additional
    sum of $1 per acre for said land, a patent shall issue therefor to
    the applicant or his assigns; but no person or association of
    persons shall hold by assignment or otherwise prior to the issue of
    patent, more than three hundred and twenty acres of such arid or
    desert lands, but this section shall not apply to entries made or
    initiated prior to March 3, 1891: Provided, however, That
    additional proofs may be required at any time within the period
    prescribed by law, and that the claims or entries made under
    sections 321 to 323, 325, and 327 to 329 of this title shall be
    subject to contest, as provided by the law, relating to homestead
    cases, for illegal inception, abandonment, or failure to comply
    with the requirements of law, and upon satisfactory proof thereof
    shall be canceled, and the lands, and moneys paid therefor, shall
    be forfeited to the United States.

-SOURCE-
    (Mar. 3, 1877, ch. 107, Sec. 7, as added Mar. 3, 1891, ch. 561,
    Sec. 2, 26 Stat. 1097; amended Oct. 28, 1921, ch. 114, Sec. 1, 42
    Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" substituted
    for "register" on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished all registers of district land offices and
    transferred functions of register of district land offices to
    Secretary of the Interior. See section 403 of Reorg. Plan No. 3,
    1946, set out as a note under section 1 of this title.
      Previously, references to register and receiver changed to
    register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated
    offices of register and receiver and provided for a single officer
    to be known as register.

-MISC1-
                             FIVE-YEAR PERIOD                         
      The period of four years prescribed by this section was extended
    to five years as to pending entries where the time for final proof
    had not expired prior to Jan. 1, 1894, by act Aug. 4, 1894, ch.
    208, 28 Stat. 226.

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 330                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 330. Desert-land entry in addition to homestead entry

-STATUTE-
      The right to make a desert-land entry shall not be denied to any
    applicant therefor who has already made an enlarged homestead entry
    of three hundred and twenty acres: Provided, That said applicant is
    a duly qualified entryman and the whole area to be acquired as an
    enlarged homestead entry and under the provisions of this section
    does not exceed four hundred and eighty acres.

-SOURCE-
    (Feb. 27, 1917, ch. 134, 39 Stat. 946.)

-End-

-CITE-
    43 USC Sec. 331                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 331. Reclamation requirements waived in favor of disabled
      soldiers, etc.

-STATUTE-
      Any entryman under the desert-land laws, or any person entitled
    to preference right of entry under section 326 of this title, who
    after application or entry for surveyed lands or legal initiation
    of claim for unsurveyed lands, and prior to November 11, 1918,
    enlisted or was actually engaged in the United States Army, Navy,
    or Marine Corps during the war with Germany, who has been honorably
    discharged and because of physical incapacities due to service is
    unable to accomplish reclamation of and payment for the land, may
    make proof without further reclamation thereof or payments thereon
    under such rules and regulations as may be prescribed by the
    Secretary of the Interior, and receive patent for the land by him
    so entered or claimed, if found entitled thereto: Provided, That no
    such patent shall issue prior to the survey of the land.

-SOURCE-
    (Mar. 1, 1921, ch. 102, Sec. 2, as added Dec. 15, 1921, ch. 3, 42
    Stat. 348.)

-End-

-CITE-
    43 USC Sec. 332                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 332. Omitted

-COD-
                               CODIFICATION                           
      Section, act Aug. 7, 1917, ch. 48, 40 Stat. 250, suspended
    expenditure and cultivation requirements during World War I.

-End-

-CITE-
    43 USC Sec. 333                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 333. Extension of time for completion of irrigation works

-STATUTE-
      Any entryman under sections 321 to 323, 325, and 327 to 329 of
    this title who shall show to the satisfaction of the Secretary of
    the Interior or such officer as he may designate that he has in
    good faith complied with the terms, requirements, and provisions of
    said sections, but that because of some unavoidable delay in the
    construction of the irrigating works intended to convey water to
    the said lands, he is, without fault on his part, unable to make
    proof of the reclamation and cultivation of said land, as required
    by said sections, shall, upon filing his corroborated affidavit
    with the land office in which said land is located, setting forth
    said facts, be allowed an additional period of not to exceed three
    years, within the discretion of the Secretary or such officer,
    within which to furnish proof as required by said sections of the
    completion of said work.

-SOURCE-
    (Mar. 28, 1908, ch. 112, Sec. 3, 35 Stat. 52; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    and "Secretary or such officer" substituted for "Commissioner of
    the General Land Office" on authority of section 403 of Reorg. Plan
    No. 3 of 1946, which abolished General Land Offices and
    Commissioner thereof and transferred function of General Land
    Office to a new agency in Department of the Interior to be known as
    Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.

-MISC1-
                          OTHER EXTENSION PERIODS                      
      Act June 24, 1921, ch. 28, 42 Stat. 66, provided that desert-land
    entries in certain townships in Riverside County, California,
    should not be canceled prior to May 1, 1923, for failure to make
    annual or final proof, that the requirements of the law should
    become operative from that date, and that a further extension might
    be granted.
      A further extension of time to make final proof on desert-land
    entries in the counties of Benton, Yakima, and Klickitat, in the
    State of Washington, was authorized by act Feb. 28, 1911, ch. 180,
    36 Stat. 960.
      Previous provisions for extension of time for making final proofs
    under entries of desert lands in certain cases were made by act
    Aug. 4, 1894, ch. 208, 28 Stat. 226.

-End-

-CITE-
    43 USC Sec. 334                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 334. Further extension of time for final proofs

-STATUTE-
      The Secretary of the Interior may, in his discretion, in addition
    to the extension authorized by section 333 of this title or other
    law existing prior to April 30, 1912, grant to any entryman under
    the desert-land laws a further extension of the time within which
    he is required to make final proof: Provided, That such entryman
    shall, by his corroborated affidavit filed in the land office of
    the district where such land is located, show to the satisfaction
    of the Secretary that because of unavoidable delay in the
    construction of irrigation works intended to convey water to the
    land embraced in his entry he is, without fault on his part, unable
    to make proof of the reclamation and cultivation of said lands as
    required by law within the time limited therefor; but such
    extension shall not be granted for a period of more than three
    years, and this section shall not affect contests initiated for a
    valid existing reason: Provided, That the total extension of the
    statutory period for making final proof that may be allowed in any
    one case under this section, and any other statutes existing prior
    to April 30, 1912, of either general or local application, shall be
    limited to six years in the aggregate.

-SOURCE-
    (Apr. 30, 1912, ch. 101, 37 Stat. 106.)

-End-

-CITE-
    43 USC Sec. 335                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 335. Further extension in cases not covered by sections 333
      and 334 of this title

-STATUTE-
      The Secretary of the Interior may, in his discretion, extend the
    time within which final proof is required to be submitted upon any
    lawful pending desert-land entry made prior to March 4, 1915, such
    extension not to exceed three years from the date of allowance
    thereof: Provided, That the entryman or his duly qualified assignee
    has, in good faith, complied with the requirements of law as to
    yearly expenditures and proof thereof, and shall show, under rules
    and regulations to be prescribed by the Secretary of the Interior,
    that there is a reasonable prospect that, if the extension is
    granted, he will be able to make the final proof of reclamation,
    irrigation, and cultivation required by law: Provided further, That
    the foregoing shall apply only to cases wherein an extension or
    further extension of time may not properly be allowed under
    sections 333 and 334 of this title or other law existing prior to
    March 4, 1915: Provided further, That in cases where such entries
    have been assigned prior to March 4, 1915, the assignees shall, if
    otherwise qualified, be entitled to the benefit hereof.

-SOURCE-
    (Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1161; Mar. 21, 1918, ch.
    26, 40 Stat. 458.)

-COD-
                               CODIFICATION                           
      Section is comprised of second paragraph of section 5 of act Mar.
    4, 1915. First paragraph of such section 5, which was classified to
    section 26 of Title 41, Public Contracts, was repealed by act June
    30, 1949, ch. 288, title VI, Sec. 602(a)(20), 63 Stat. 401, eff.
    July 1, 1949, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64
    Stat. 583; third and fourth paragraphs of such section 5 are
    classified to sections 337 and 338 of this title, respectively.
      Act Mar. 21, 1918 extended provisions to include entries made
    prior to Mar. 4, 1915, and added the last proviso. Act Mar. 4,
    1915, related to entries made prior to July 1, 1914.

-End-

-CITE-
    43 USC Sec. 336                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 336. Further extension in addition to that authorized by
      sections 333 to 335 of this title

-STATUTE-
      The Secretary of the Interior may, in his discretion, in addition
    to the extensions authorized by sections 333 to 335 of this title
    or other law existing prior to February 25, 1925, grant to any
    entryman under the desert-land laws of the United States a further
    extension of time of not to exceed three years within which to make
    final proof: Provided, That such entryman shall, by his
    corroborated affidavit, filed in the land office of the district
    where such land is located, show to the satisfaction of the
    Secretary that because of unavoidable delay in the construction of
    the irrigation works intended to convey water to the land embraced
    in his entry, he is, without fault on his part, unable to make
    proof of the reclamation and cultivation of said lands as required
    by law within the time limited therefor: And provided further, That
    the entryman, his heirs, or his duly qualified assignee, has in
    good faith complied with the requirements of law as to yearly
    expenditures and proof thereof, and shall show, under rules and
    regulations to be prescribed by the Secretary of the Interior, that
    there is a reasonable prospect that if the extension is granted he
    will be able to make the final proof of reclamation, irrigation,
    and cultivation required by law.

-SOURCE-
    (Feb. 25, 1925, ch. 329, 43 Stat. 982.)

-End-

-CITE-
    43 USC Secs. 336a, 336b                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Secs. 336a, 336b. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 336a, act July 30, 1956, ch. 778, Sec. 1, 70 Stat. 715,
    related to absence during 1956 to 1959 due to economic conditions
    and protection of rights of entryman.
      Section 336b, act July 30, 1956, ch. 778, Sec. 2, 70 Stat. 716,
    related to homestead or desert land applications on file as of Mar.
    1, 1956, and entries and rights of United States.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 336c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 336c. Omitted

-COD-
                               CODIFICATION                           
      Section, act July 30, 1956, ch. 778, Sec. 3, 70 Stat. 716,
    provided that property rights of an entryman making an election
    under section 336a of this title or whose entry is allowed under
    section 336b of this title was a personal right, inheritable but
    not assignable.

-End-

-CITE-
    43 USC Sec. 336d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 336d. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, act July 30, 1956, ch. 778, Sec. 4, 70 Stat. 716, set
    forth lands subject to protection of rights of entryman.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 337                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 337. Entry, after expenditures, perfected as homestead entry

-STATUTE-
      Where it shall be made to appear to the satisfaction of the
    Secretary of the Interior, under rules and regulations to be
    prescribed by him, with reference to any lawful pending desert-land
    entry made prior to March 4, 1915, under which the entryman or his
    duly qualified assignee under an assignment made prior to March 4,
    1915, has, in good faith, expended the sum of $3 per acre in the
    attempt to effect reclamation of the land, that there is no
    reasonable prospect that, if the extension allowed by section 335
    of this title or any law existing prior to March 4, 1915, were
    granted, he would be able to secure water sufficient to effect
    reclamation of the irrigable land in his entry or any legal
    subdivision thereof, the Secretary of the Interior may, in his
    discretion, allow such entryman or assignee five years from notice
    within which to perfect the entry in the manner required of a
    homestead entryman: Provided, That in cases where such entries have
    been assigned prior to March 4, 1915, the assignees shall, if
    otherwise qualified, be entitled to the benefit hereof.

-SOURCE-
    (Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1161; Mar. 21, 1918, ch.
    26, 40 Stat. 458.)

-COD-
                               CODIFICATION                           
      Section is comprised of third paragraph of section 5 of act Mar.
    4, 1915. First paragraph of such section 5, which was classified to
    section 26 of Title 41, Public Contracts, was repealed by act June
    30, 1949, ch. 288, title VI, Sec. 602(a)(20), 63 Stat. 401, eff.
    July 1, 1949, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64
    Stat. 583; second and fourth pars. of such section 5 are classified
    to sections 335 and 338 of this title, respectively.
      Act Mar. 21, 1918 extended the provisions to include entries made
    prior to Mar. 4, 1915 and added the last proviso. Act Mar. 4, 1915
    related to entries made prior to July 1, 1914.

-End-

-CITE-
    43 USC Sec. 338                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 338. Election to perfect entry; final proof

-STATUTE-
      Any desert-land entryman or his assignee entitled to the benefit
    of section 337 of this title may, if he shall so elect within sixty
    days from the notice therein provided, pay to the officer
    designated by the Secretary of the Interior of the local land
    office the sum of 50 cents per acre for each acre embraced in the
    entry, and thereafter perfect such entry upon proof that he has
    upon the tract permanent improvements conducive to the agricultural
    development thereof of the value of not less than $1.25 per acre,
    and that he has, in good faith, used the land for agricultural
    purposes for three years and the payment to the officer, at the
    time of final proof, of the sum of 75 cents per acre: Provided,
    That in such case final proof may be submitted at any time within
    five years from the date of the entryman's election to proceed as
    provided in this section, and in the event of failure to perfect
    the entry as herein provided, all moneys theretofore paid shall be
    forfeited and the entry canceled: Provided, That in cases where
    such entries have been assigned prior to March 4, 1915, the
    assignees shall, if otherwise qualified, be entitled to the benefit
    hereof.

-SOURCE-
    (Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1162; Mar. 21, 1918, ch.
    26, 40 Stat. 458; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208;
    Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      Section is comprised of fourth paragraph of section 5 of act Mar.
    4, 1915. First paragraph of such section 5, which was classified to
    section 26 of Title 41, Public Contracts, was repealed by act June
    30, 1949, ch. 288, title VI, Sec. 602(a)(20), 63 Stat. 401, eff.
    July 1, 1949, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64
    Stat. 583; second and third paragraphs of such section 5 are
    classified to sections 335 and 337 of this title, respectively.
      Act Mar. 21, 1918 added the last proviso.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" substituted
    for "register" on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished all registers of district land offices and
    transferred functions of register of district land offices to
    Secretary of the Interior. See section 403 of Reorg. Plan No. 3, of
    1946, set out as a note under section 1 of this title.
      Previously, references to "receiver" changed to "register" by
    acts Oct. 28, 1921, and Mar. 3, 1925, which consolidated offices of
    register and receiver and provided for a single officer to be known
    as register.

-End-

-CITE-
    43 USC Sec. 339                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 9 - DESERT-LAND ENTRIES

-HEAD-
    Sec. 339. Perfection of title to entry; supplementary provisions to
      sections 335, 337, and 338

-STATUTE-
      Where it shall be made to appear to the satisfaction of the
    Secretary of the Interior with reference to any lawful pending
    desert-land entry made prior to July 1, 1925, under which the
    entryman or his duly qualified assignee under an assignment made
    prior to March 4, 1929, has in good faith expended the sum of $3
    per acre in the attempt to effect reclamation of the land, that
    there is no reasonable prospect that he would be able to secure
    water sufficient to effect reclamation of the irrigable land in his
    entry or any legal subdivision thereof, the Secretary of the
    Interior may, in his discretion, allow such entryman or assignee
    ninety days from notice within which to pay to the officer
    designated by the Secretary of the Interior of the United States
    land office 25 cents an acre for the land embraced in the entry and
    to file an election to perfect title to the entry under the
    provisions of this section, and thereafter within one year from the
    date of filing of such election to pay to such officer the
    additional amount of 75 cents an acre, which shall entitle him to a
    patent for the land: Provided, That in case the final payment be
    not made within the time prescribed the entry shall be canceled and
    all money theretofore paid shall be forfeited.

-SOURCE-
    (Mar. 4, 1929, ch. 687, 45 Stat. 1548; Feb. 14, 1934, ch. 9, 48
    Stat. 349; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11
    F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" and "such
    officer" substituted for "register" on authority of section 403 of
    Reorg. Plan No. 3 of 1946, which abolished all registers of
    district land offices and transferred functions of register of
    district land offices to Secretary of the Interior. See section 403
    of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of
    this title.

-End-

-CITE-
    43 USC CHAPTER 10 - UNDERGROUND-WATER RECLAMATION GRANTS    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 10 - UNDERGROUND-WATER RECLAMATION GRANTS

-HEAD-
             CHAPTER 10 - UNDERGROUND-WATER RECLAMATION GRANTS         

-End-

-CITE-
    43 USC Secs. 351 to 355                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 10 - UNDERGROUND-WATER RECLAMATION GRANTS

-HEAD-
    Secs. 351 to 355. Repealed. Pub. L. 88-417, Sec. 1, Aug. 11, 1964,
      78 Stat. 389

-MISC1-
      Section 351, act Oct. 22, 1919, ch. 77, Sec. 1, 41 Stat. 293,
    authorized Secretary of the Interior to grant permits to explore
    for underground water.
      Section 352, acts Oct. 22, 1919, ch. 77, Sec. 2, 41 Stat. 294;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to designation by
    Secretary of lands subject to disposal.
      Section 353, acts Oct. 22, 1919, ch. 77, Sec. 3, 41 Stat. 294;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to application for
    permit to explore for under-ground water.
      Section 354, act Oct. 22, 1919, ch. 77, Sec. 4, 41 Stat. 294,
    related to conditions of permit and its cancellation for failure to
    meet them.
      Section 355, act Oct. 22, 1919, ch. 77, Sec. 5, 41 Stat. 294,
    related to issuance of a patent to land on the development of a
    water supply.

                             SAVINGS PROVISION                         
      Section 1 of Pub. L. 88-417 provided: "That, subject to any valid
    rights and obligations existing on the date of approval of this Act
    [Aug. 11, 1964], the Act of October 22, 1919 (41 Stat. 293; 43
    U.S.C. 351-355, 357-360), is hereby repealed."

         PROCESSING OF APPLICATIONS FILED PRIOR TO AUGUST 11, 1964     
      Section 2 of Pub. L. 88-417 provided that: "Any valid application
    for permit under that Act [this chapter], on file with the
    Secretary of the Interior on the effective date of this Act [Aug.
    11, 1964], may be processed in the same manner as if this Act
    [repealing sections 351 to 355 and 357 to 360 of this title] had
    not been enacted."

-End-

-CITE-
    43 USC Sec. 356                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 10 - UNDERGROUND-WATER RECLAMATION GRANTS

-HEAD-
    Sec. 356. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2789

-MISC1-
      Section, act Sept. 22, 1922, ch. 400, 42 Stat. 1012, extended
    time for development of underground water supplies with reclamation
    grants.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 357 to 360                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 10 - UNDERGROUND-WATER RECLAMATION GRANTS

-HEAD-
    Secs. 357 to 360. Repealed. Pub. L. 88-417, Sec. 1, Aug. 11, 1964,
      78 Stat. 389

-MISC1-
      Section 357, act Oct. 22, 1919, ch. 77, Sec. 6, 41 Stat. 294,
    provided for disposition of land not included in patents.
      Section 358, act Oct. 22, 1919, ch. 77, Sec. 7, 41 Stat. 295,
    provided for payment of proceeds of land sales into reclamation
    fund.
      Section 359, acts Oct. 22, 1919, ch. 77, Sec. 8, 41 Stat. 295;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, provided for reservation to the
    United States of coal and mineral rights, and for disposition of
    such reserved rights.
      Section 360, act Oct. 22, 1919, ch. 77, Sec. 9, 41 Stat. 295,
    authorized Secretary to prescribe rules and regulations.

                             SAVINGS PROVISION                         
      Sections repealed subject to valid rights and obligations
    existing on Aug. 11, 1964, see section 1 of Pub. L. 88-417, set out
    as a note under sections 351 to 355 of this title.

                    PROCESSING OF PENDING APPLICATIONS                
      Processing of applications filed prior to Aug. 11, 1964, to be in
    same manner as if Pub. L. 88-417 had not been enacted, see section
    2 of Pub. L. 88-417, set out as a note under sections 351 to 355 of
    this title.

-End-

-CITE-
    43 USC CHAPTER 11 - DISCOVERY, DEVELOPMENT, AND MARKING
           OF WATER HOLES, ETC., BY GOVERNMENT             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11 - DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES,
                  ETC., BY GOVERNMENT             

-HEAD-
     CHAPTER 11 - DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES,
                            ETC., BY GOVERNMENT

-MISC1-
    Sec.                                                     
    361.        Authority to explore for, develop, and mark water
                 holes, etc.                                          
    362.        Injury to signposts and filling up or fouling water
                 supply.                                              
    363.        Rules and regulations by Secretary.                   

-End-

-CITE-
    43 USC Sec. 361                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11 - DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES,
                  ETC., BY GOVERNMENT             

-HEAD-
    Sec. 361. Authority to explore for, develop, and mark water holes,
      etc.

-STATUTE-
      The Secretary of the Interior is authorized and empowered, in his
    discretion in so far as the authorization made herein will permit,
    to discover, develop, protect, and render more accessible for the
    benefit of the general public, springs, streams, and water holes on
    arid public lands of the United States; and in connection therewith
    to erect and maintain suitable and durable monuments and signboards
    at proper places and intervals along and near the accustomed lines
    of travel and over the general area of said desert lands,
    containing information and directions as to the location and nature
    of said springs, streams, and water holes, to the end that the same
    may be more readily traced and found by persons in search or need
    thereof; also to provide convenient and ready means, apparatus, and
    appliances by which water may be brought to the earth's surface at
    said water holes for the use of such persons; also to prepare and
    distribute suitable maps, reports, and general information relating
    to said springs, streams, and water holes, and their specific
    location with reference to lines of travel.

-SOURCE-
    (Aug. 21, 1916, ch. 360, Sec. 1, 39 Stat. 518.)

-End-

-CITE-
    43 USC Sec. 362                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11 - DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES,
                  ETC., BY GOVERNMENT             

-HEAD-
    Sec. 362. Injury to signposts and filling up or fouling water
      supply

-STATUTE-
      Whoever shall willfully or maliciously injure, destroy, deface,
    or remove any of said monuments or signposts, or shall willfully or
    maliciously fill up, render foul, or in anywise destroy or impair
    the utility of said springs, streams, or water holes, or shall
    willfully or maliciously interfere with said monuments, signposts,
    streams, springs, or water holes, or the purposes for which they
    are maintained and used, shall be fined not more than $1,000 or
    imprisoned not more than three years, or both.

-SOURCE-
    (Aug. 21, 1916, ch. 360, Sec. 3, 39 Stat. 518.)

-End-

-CITE-
    43 USC Sec. 363                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11 - DISCOVERY, DEVELOPMENT, AND MARKING OF WATER HOLES,
                  ETC., BY GOVERNMENT             

-HEAD-
    Sec. 363. Rules and regulations by Secretary

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts and make such rules and regulations as may be necessary
    for the purpose of carrying the provisions of this chapter into
    full force and effect.

-SOURCE-
    (Aug. 21, 1916, ch. 360, Sec. 4, 39 Stat. 518.)

-End-

-CITE-
    43 USC CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
                  CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES              

-MISC1-
    Sec.                                                     
    364.        Uniformity in geographic nomenclature and orthography;
                 exercise of functions of Secretary of the Interior.  
    364a.       Board on Geographic Names; establishment and
                 membership; appointment and term of office.          
    364b.       Formulation of principles, policies and procedures;
                 action by Secretary; recommendations of Board.       
    364c.       Studies, investigations, and records; staff
                 assistance; advisory committees.                     
    364d.       Promulgation of decisions; furnishing information.    
    364e.       Standardization of geographic names; abolition of
                 United States Board on Geographical Names in
                 Department of the Interior; transfer of duties.      
    364f.       Application to naming of offices or establishments.   

-End-

-CITE-
    43 USC Sec. 364                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
    Sec. 364. Uniformity in geographic nomenclature and orthography;
      exercise of functions of Secretary of the Interior

-STATUTE-
      The Secretary of the Interior, hereinafter called the Secretary,
    conjointly with the Board on Geographic Names, as hereinafter
    provided, shall provide for uniformity in geographic nomenclature
    and orthography throughout the Federal Government. The Secretary
    may exercise his functions through such officials as he may
    designate, except that such authority as relates to the final
    approval or review of actions of the Board on Geographic Names
    shall be exercised by him, or his Under or Assistant Secretaries.

-SOURCE-
    (July 25, 1947, ch. 330, Sec. 1, 61 Stat. 456.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-MISC1-
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 8 of act July 25, 1947, authorized appropriation of such
    sums as might be necessary to carry out the purposes of this
    chapter.

-End-

-CITE-
    43 USC Sec. 364a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
    Sec. 364a. Board on Geographic Names; establishment and membership;
      appointment and term of office

-STATUTE-
      There is established a Board on Geographic Names, hereinafter
    called the Board. The membership of the Board shall include one
    representative from each of the Departments of State, Defense,
    Interior, Agriculture, and Commerce, and from the Government
    Printing Office, the United States Postal Service, and the Library
    of Congress. The Board may also include representatives from such
    Federal agencies as the Secretary, upon recommendation of the
    Board, shall from time to time find desirable, even though these
    agencies are in the departments otherwise represented on the Board.
    The members of the Board shall be appointed by the respective heads
    of the departments or independent agencies that they represent.
    Each member shall be appointed for a two-year term but may be
    reappointed to successive terms. The members of the Board shall
    serve without additional compensation. The Board shall nominate a
    Chairman to be appointed by the Secretary, and shall establish such
    working committees as are found desirable.

-SOURCE-
    (July 25, 1947, ch. 330, Sec. 2, 61 Stat. 456; Aug. 10, 1949, ch.
    412, Sec. 4, 63 Stat. 579; Pub. L. 91-375, Secs. 4(a), 6(o), Aug.
    12, 1970, 84 Stat. 773, 783.)

-MISC1-
                                AMENDMENTS                            
      1949 - Act Aug. 10, 1949, established Department of Defense as an
    Executive Department and reduced Departments of the Army, Navy, and
    Air Force to status of military departments in Department of
    Defense.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Postal Service" substituted in text for "Post
    Office Department" pursuant to Pub. L. 91-375, Secs. 4(a), 6(o),
    Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes
    preceding section 101 of Title 39, Postal Service, and under
    section 201 of Title 39, respectively, which abolished Post Office
    Department, transferred its functions to United States Postal
    Service, and provided that references in other laws to Post Office
    Department be considered a reference to United States Postal
    Service.

-End-

-CITE-
    43 USC Sec. 364b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
    Sec. 364b. Formulation of principles, policies and procedures;
      action by Secretary; recommendations of Board

-STATUTE-
      The Board, subject to the approval of the Secretary, shall
    formulate principles, policies, and procedures to be followed with
    reference to both domestic and foreign geographic names; and shall
    decide the standard names and their orthography for official use.
    The principles, policies, and procedures formulated hereunder shall
    be designed to serve the interests of the Federal Government and
    the general public, to enlist the effective cooperation of the
    Federal departments and agencies most concerned, and to give full
    consideration to the specific interests of particular Federal and
    State agencies. Action may be taken by the Secretary in any matter
    wherein the Board does not act within a reasonable time. The Board
    may make such recommendations to the Secretary as it finds
    appropriate in connection with this chapter.

-SOURCE-
    (July 25, 1947, ch. 330, Sec. 3, 61 Stat. 456.)

-End-

-CITE-
    43 USC Sec. 364c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
    Sec. 364c. Studies, investigations, and records; staff assistance;
      advisory committees

-STATUTE-
      The Secretary shall cause such studies and investigations to be
    made and such records to be kept as may be necessary or desirable
    in carrying out the purposes of this chapter, and he shall provide
    a place of meeting and staff assistance to the Board. The staff
    shall be responsible to the Secretary, who shall prescribe its
    relations to the Board and the committees of the Board. The
    Secretary may establish from time to time, upon recommendation of
    the Board, advisory committees of United States citizens who are
    recognized experts in their respective fields to assist in the
    solution of special problems arising under this chapter.

-SOURCE-
    (July 25, 1947, ch. 330, Sec. 4, 61 Stat. 456.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-MISC1-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 364d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
    Sec. 364d. Promulgation of decisions; furnishing information

-STATUTE-
      For the guidance of the Federal Government, the Secretary shall
    promulgate in the name of the Board, from time to time and in such
    form as will carry out the purposes of this chapter, decisions with
    respect to geographic names and principles of geographic
    nomenclature and orthography. The Secretary shall also furnish such
    additional information with respect to geographic names as will
    assist in carrying out the purposes of this chapter.

-SOURCE-
    (July 25, 1947, ch. 330, Sec. 5, 61 Stat. 457.)

-End-

-CITE-
    43 USC Sec. 364e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
    Sec. 364e. Standardization of geographic names; abolition of United
      States Board on Geographical Names in Department of the Interior;
      transfer of duties

-STATUTE-
      With respect to geographic names the pertinent decisions and
    principles issued by the Secretary shall be standard for all
    material published by the Federal Government. The United States
    Board on Geographical Names in the Department of the Interior
    created by Executive order, is abolished, and the duties of said
    Board are transferred to the Board herein created, and all
    departments, bureaus, and agencies of the Federal Government shall
    refer all geographic names and problems to the said Board for the
    purpose of eliminating duplication of work, personnel, and
    authority.

-SOURCE-
    (July 25, 1947, ch. 330, Sec. 6, 61 Stat. 457.)

-End-

-CITE-
    43 USC Sec. 364f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 11A - BOARD ON GEOGRAPHIC NAMES

-HEAD-
    Sec. 364f. Application to naming of offices or establishments

-STATUTE-
      Nothing in this chapter shall be construed as applying to the
    naming of the offices or establishments of any Federal agency.

-SOURCE-
    (July 25, 1947, ch. 330, Sec. 7, 61 Stat. 457.)

-End-

-CITE-
    43 USC CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS
           BY FEDERAL GOVERNMENT                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
-HEAD-
        CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                                GOVERNMENT

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    371.        Definitions.                                          
    372.        Water right as appurtenant to land and extent of
                 right.                                               
    373.        General authority of Secretary of the Interior.       
    373a.       Commissioner of Reclamation; appointment.             
    373a-1.     Repealed.                                             
    373b.       Law enforcement authority at Bureau of Reclamation
                 facilities.                                          
                  (a)  Public safety regulations.                     
                  (b)  Violations; criminal penalties.                
                  (c)  Authorization of law enforcement officers.     
                  (d)  Powers of law enforcement officers.            
                  (e)  Legal status of State or local law enforcement
                        officers.                                     
                  (f)  Concurrent jurisdiction.                       
                  (g)  Regulations.                                   
    373c.       Definitions.                                          
    373d.       Grants and cooperative agreements with Indian tribes
                 and organizations.                                   
    374.        Sale of lands acquired in connection with irrigation
                 project.                                             
    375.        Sale of land improved at expense of reclamation fund. 
    375a.       Sale under sections 374 and 375 of lands appraised at
                 not exceeding $300.                                  
    375b.       Disposal of tracts too small to be classed farm units.
    375c.       Sales of small tracts to resident farm owners and
                 entrymen; price; terms; acreage purchasable.         
    375d.       Issuance of patent for small tracts; reservations.    
    375e.       Moneys from sale of small tracts covered into
                 reclamation fund; credit.                            
    375f.       Rules and regulations.                                
    376.        Return of land donations not needed.                  
    377.        General expenses of Bureau of Reclamation chargeable
                 to general reclamation fund.                         
    377a.       Limitation on use of funds where organizations or
                 individuals are in arrears on contract charges.      
    377b.       Availability of appropriations for Bureau of
                 Reclamation.                                         
    378.        Omitted.                                              
    379.        Purchase of scientific books, law books, etc.         
    380 to 382. Repealed or Omitted.                                  
    383.        Vested rights and State laws unaffected.              
    384.        Extension of time for payment of charges accrued prior
                 to March 2, 1924, and January 1, 1925.               
    385.        Repealed.                                             
    385a.       Payments to school districts for education of
                 dependents of construction personnel; cooperative
                 arrangements; chargeable to project.                 
    385b, 385c. Repealed or Omitted.                                  
    386.        Application of excess-land provisions of reclamation
                 laws to certain lands.                               
    387.        Removal of sand, gravel, etc.; leases, easements, etc.
    388.        Contracts for materials; liability of United States.  
    389.        Relocation of highways, railroads, transmission lines,
                 etc., exchange of water, water rights or electric
                 energy.                                              
    390.        Utilization of dams and reservoir projects for
                 irrigation purposes; additional construction;
                 necessity of authorization; apportionment of cost;
                 limitation.                                          
    390a.       Repealed.                                             
    390b.       Development of water supplies for domestic, municipal,
                 industrial, and other purposes.                      
                  (a)  Declaration of policy.                         
                  (b)  Storage in reservoir projects; agreements for
                        payment of cost of construction or
                        modification of projects.                     
                  (c)  Application to other laws.                     
                  (d)  Approval of Congress of modifications of
                        reservoir projects.                           
    390c.       Water reservoirs; interests of States and local
                 agencies in storage space.                           
    390d.       Dams and reservoirs wherein costs thereof, or rights
                 thereto, have been acquired by local interests.      
    390e.       Rights, acquisition and availability of; obligation
                 for operation and maintenance; costs for
                 reconstruction, rehabilitation, or replacement; use
                 during Government operation or by contract.          
    390f.       Revision of leases or agreements to evidence
                 conversion of rights to use of storage rights.       
    390g.       Groundwater recharge of aquifers; demonstration
                 program.                                             
    390g-1.     Phase I of groundwater recharge demonstration program.
                  (a)  Development of detailed plan of demonstration
                        projects; requisite features of plan.         
                  (b)  Recommendation of demonstration projects.      
                  (c)  Preliminary selection of projects.             
    390g-2.     Phase II of groundwater recharge demonstration
                 program.                                             
                  (a)  Design, construction, and operation of
                        projects.                                     
                  (b)  Alternative means of cost allocation; economic
                        feasibility of projects.                      
                  (c)  Reports to Congress.                           
    390g-3.     Evaluation of water quality impacts.                  
    390g-4.     Authorization of appropriations to carry out phase I. 
    390g-5.     Authorization of appropriations to carry out phase II.
    390g-6.     Matching basis for funding phase II from non-Federal
                 sources.                                             
    390g-7.     New spending authority.                               
    390g-8.     Interstate transfer of water from Arkansas.           
    390h.       Program to investigate reclamation and reuse of
                 wastewater and groundwater; general authority.       
                  (a)  Program established.                           
                  (b)  States included.                               
                  (c)  Agreements and regulations.                    
                  (d)  San Luis Unit of Central Valley Project,
                        California.                                   
    390h-1.     Appraisal investigations.                             
                  (a)  Purposes; recommendations.                     
                  (b)  Matters to be considered.                      
                  (c)  Consultation and cooperation.                  
                  (d)  Nonreimbursable costs.                         
    390h-2.     Feasibility studies.                                  
                  (a)  General authority; Federal and non-Federal cost
                        shares.                                       
                  (b)  Federal share considered project costs;
                        reimbursement.                                
                  (c)  Matters to be considered.                      
    390h-3.     Research and demonstration projects.                  
                  (a)  Reclamation of wastewater and ground and
                        surface waters.                               
                  (b)  Long Beach Desalination Research and
                        Development Project.                          
                  (c)  Las Vegas Area Shallow Aquifer Desalination
                        Research and Development Project.             
                  (d)  Federal contribution.                          
    390h-4.     Southern California comprehensive water reclamation
                 and reuse study.                                     
                  (a)  General authority.                             
                  (b)  Cooperation with State; Federal share.         
                  (c)  Report.                                        
    390h-5.     San Jose area water reclamation and reuse program.    
    390h-6.     Phoenix metropolitan water reclamation study and
                 program.                                             
                  (a)  General authority.                             
                  (b)  Federal share.                                 
    390h-7.     Tucson area water reclamation study.                  
                  (a)  General authority.                             
                  (b)  Federal share.                                 
                  (c)  Report.                                        
    390h-8.     Lake Cheraw water reclamation and reuse study.        
                  (a)  General authority.                             
                  (b)  Federal share.                                 
                  (c)  Report.                                        
    390h-9.     San Francisco area water reclamation study.           
                  (a)  General authority.                             
                  (b)  Federal share.                                 
                  (c)  Report.                                        
    390h-10.    San Diego area water reclamation program.             
    390h-11.    Los Angeles area water reclamation and reuse project. 
    390h-12.    San Gabriel basin demonstration project.              
    390h-12a.   North San Diego County Area Water Recycling Project.  
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12b.   Calleguas Municipal Water District Recycling Project. 
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12c.   Central Valley Water Recycling Project.               
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12d.   St. George Area Water Recycling Project.              
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12e.   Watsonville Area Water Recycling Project.             
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12f.   Southern Nevada Water Recycling Project.              
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12g.   Albuquerque Metropolitan Area Water Reclamation and
                 Reuse Project.                                       
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12h.   El Paso Water Reclamation and Reuse Project.          
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12i.   Reclaimed water in Pasadena.                          
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12j.   Phase 1 of Orange County Regional Water Reclamation
                 Project.                                             
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12k.   City of West Jordan Water Reuse Project.              
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12l.   Hi-Desert Water District in Yucca Valley, California
                 wastewater collection and reuse facility.            
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12m.   Mission Basin Brackish Groundwater Desalting
                 Demonstration Project.                               
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12n.   Treatment of effluent from sanitation districts of Los
                 Angeles County through city of Long Beach.           
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12o.   San Joaquin Area Water Recycling and Reuse Project.   
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-12p.   Tooele Wastewater Treatment and Reuse Project.        
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-13.    Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Prerequisite cost-sharing agreement.           
                  (c)  Congressional notification.                    
                  (d)  Ceiling on Federal share.                      
    390h-14.    Groundwater study.                                    
                  (a)  Investigation, analysis, and report.           
                  (b)  Consultation with Governors.                   
                  (c)  Report.                                        
    390h-15.    Authorization of appropriations.                      
    390h-16.    Willow Lake Natural Treatment System Project.         
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-17.    Lakehaven, Washington, Water Reclamation and Reuse
                 Project.                                             
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-17a.   Transferred.                                          
    390h-18.    Irvine basin groundwater and surface water improvement
                 projects.                                            
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-19.    Williamson County, Texas, water recycling and reuse
                 project.                                             
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
    390h-20.    Hawaii reclamation projects.                          
                  (a)  Authorization.                                 
                  (b)  Cost share.                                    
                  (c)  Limitation.                                    
                  (d)  Authorization of appropriations.               

                    SUBCHAPTER I-A - RECLAMATION REFORM                
    390aa.      Congressional declaration of purpose; short title.    
    390bb.      Definitions.                                          
    390cc.      New or amended contracts.                             
                  (a)  Generally.                                     
                  (b)  Amendment of existing contracts.               
                  (c)  Election by qualified or limited recipients in
                        absence of amendment to contract.             
                  (d)  Consent of non-Federal party.                  
    390dd.      Limitation on ownership.                              
    390ee.      Pricing.                                              
                  (a)  Delivery of irrigation water at full cost.     
                  (b)  Delivery of irrigation water at prior terms and
                        conditions.                                   
                  (c)  Delivery of irrigation water to lands under
                        recordable contracts.                         
    390ff.      Certification of compliance.                          
    390gg.      Equivalency.                                          
    390hh.      Operation and maintenance charges.                    
                  (a)  Price adequate to recover charges.             
                  (b)  Modification of price.                         
                  (c)  Districts not operating from Federal funds.    
    390ii.      Disposition of excess lands.                          
                  (a)  Disposal of lands in excess of ownership
                        limitations within reasonable time.           
                  (b)  Continued delivery of irrigation water to lands
                        held in excess of ownership limitations.      
                  (c)  Amendment of existing recordable contracts.    
                  (d)  Power of attorney requirement in contracts;
                        exercise of power by Secretary.               
                  (e)  Extension of time for disposal of excess lands.
                  (f)  Eligibility of excess lands for irrigation
                        water after disposition.                      
    390jj.      Water conservation.                                   
                  (a)  Implementation of program by non-Federal
                        recipients.                                   
                  (b)  Development of plan.                           
                  (c)  Coordination of ongoing programs; full public
                        participation.                                
    390kk.      Residency not required.                               
    390ll.      Corps of Engineers projects.                          
                  (a)  Applicability of Federal reclamation laws.     
                  (b)  Payment of construction, operation, maintenance
                        and administrative costs allocated to
                        conservation or irrigation storage.           
    390mm.      Repayment of construction charges.                    
                  (a)  Ownership and pricing limitations inapplicable
                        when repayment obligation has been discharged.
                  (b)  Certification of freedom from ownership and
                        pricing limitations.                          
                  (c)  Lump sum or accelerated repayment of
                        construction costs.                           
    390nn.      Trusts.                                               
    390oo.      Temporary supplies of water.                          
                  (a)  Limitations inapplicable.                      
                  (b)  Waiver of payment for temporary water supplies.
    390pp.      Involuntary foreclosure.                              
    390qq.      Isolated tracts.                                      
    390rr.      Central Arizona Project.                              
    390ss.      Religious or charitable organizations.                
    390tt.      Contract required.                                    
    390uu.      Waiver of sovereign immunity.                         
    390vv.      Excess crop restrictions.                             
                  (a)  Report to Congress on production of surplus
                        crops on acreage served by irrigation water.  
                  (b)  Restrictions prohibiting delivery of irrigation
                        water for production of excess basic
                        agricultural commodities.                     
    390ww.      Administrative provisions.                            
                  (a)  Existing Federal reclamation law.              
                  (b)  Existing statutory exemptions from ownership or
                        pricing limitations of Federal reclamation
                        law.                                          
                  (c)  Regulations; collection of necessary data.     
                  (d)  Omitted.                                       
                  (e)  Sale of nonexcess land acquired into excess
                        status pursuant to involuntary process of law,
                        etc.                                          
                  (f)  Omitted.                                       
                  (g)  Annual audit of compliance with reclamation
                        laws.                                         
                  (h)  Recordable contracts executed prior to October
                        12, 1982.                                     
                  (i)  Collection of underpayment with interest for
                        irrigation water.                             
    390xx.      Validation of contracts entered into prior to October
                 1, 1981.                                             
    390yy.      Leasing requirements.                                 
    390zz.      Reporting.                                            
    390zz-1.    Severability.                                         

                SUBCHAPTER II - RECLAMATION FUND GENERALLY            
    391.        Establishment of "reclamation fund".                  
    391a.       Advances to reclamation fund.                         
    391a-1.     Increase in reclamation fund; reimbursement of
                 advances from Treasury.                              
    391b.       Omitted.                                              
    392.        Payments into reclamation fund of moneys received from
                 entrymen and water right applicants.                 
    392a.       Payment into reclamation fund of receipts from
                 irrigation projects; transfer of power revenues to
                 General Treasury after repayment of construction
                 costs.                                               
    393.        Proceeds from sale of materials, etc.                 
    394.        Proceeds from sale of products of or leases of
                 withdrawn or reserved lands.                         
    395.        Contributions by State, municipality, etc.            
    396.        Return of contributions to cooperative investigations
                 of projects.                                         
    397.        Advances by Government for completion of projects
                 initiated prior to June 25, 1910.                    
    397a.       Advances for operation and maintenance of projects.   
    398.        Sales of Government certificates to obtain funds for
                 advances.                                            
    399.        Omitted.                                              
    400.        Advances as item of cost of construction and
                 maintenance of project.                              
    401.        Amounts collected from defaulting contractors and
                 their sureties.                                      
    402 to 404. Omitted or Repealed.                                  

         SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS     
    411.        Surveys for, location, and construction of irrigation
                 works generally.                                     
    411a.       Repealed.                                             
    411a-1.     Authorization of appropriations for investigations of
                 feasibility of reclamation projects.                 
    411b.       Employment of engineers, geologists, appraisers and
                 economists for reclamation consultation work;
                 compensation; retired Army and Navy officers as
                 consulting engineers.                                
    412.        Prerequisites to initiation of project or division of
                 project.                                             
    413.        Approval of project by President.                     
    414.        Appropriation for projects essential.                 
    415.        Receipts applicable to project generally.             
    416.        Laws applicable to withdrawn lands; restoration to
                 entry.                                               
    417.        Reservation of easements in public lands for
                 reclamation projects.                                
    418.        Private lands within project; agreement as to disposal
                 of excess over farm unit.                            
    419.        Contract for irrigation project; notice as to lands
                 irrigable, unit of entry, and construction charges.  
    420.        Use of earth, timber, etc., from other public lands.  
    421.        Acquisition of lands for irrigation project; eminent
                 domain.                                              
    421a.       Construction of distribution and drainage systems by
                 irrigation districts or public agencies.             
    421b.       Loans for construction of distribution and drainage
                 systems; repayment contract; time period for
                 repayment of loan; "irrigation district or other
                 public agency" defined.                              
    421c.       Conditions of loan for distribution and drainage
                 systems; reconveyance by Secretary of lands,
                 interests in lands, and distribution works heretofore
                 conveyed to the United States; conditions of
                 reconveyance; rights of way.                         
    421d.       Effect on existing laws.                              
    421e.       Municipal and industrial water supply delivery and
                 distribution; allocation of loan funds; loan
                 repayment contract requirements; rate of interest.   
    421f.       Existing loan contracts; negotiation by Secretary of
                 amendments.                                          
    421g.       Existing rights unaffected.                           
    421h.       Procedural and substantive requirements applicable to
                 works financed by loans pursuant to sections 421a to
                 421h of this title.                                  
    422.        Construction of dams across Yellowstone River.        

              SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS          
    422a.       Declaration of purpose.                               
    422b.       Definitions.                                          
    422c.       Proposals; submission; payment for cost of
                 examination.                                         
    422d.       Contents of proposals.                                
                  (a)  Plans and estimates; review by States;
                        allocation of capital costs.                  
                  (b)  Lands and water rights; ownership; financing.  
                  (c)  Transmittal of findings and approval to
                        Congress; certification of soil survey;
                        reservation of land.                          
                  (d)  Amount of loan and/or grant; increase by
                        Secretary.                                    
                  (e)  Appropriation; nonapplicability.               
                  (f)  Consideration of financial feasibility,
                        emergency, or urgent need; jurisdiction and
                        control of project works and facilities.      
    422e.       Contract requirements.                                
    422f.       Proposals for projects previously authorized; waiver
                 of requirements; approval; negotiation of contract.  
    422g.       Information from Federal agencies; costs.             
    422h.       Planning and construction; transfer of funds.         
    422i.       Rules and regulations.                                
    422j.       Appropriations; notice to Congress of receipt of
                 proposal; funds to initiate proposal; availability of
                 appropriations; reimbursement; limitations on
                 expenditures in any single State; waiver.            
    422k.       Supplement to Federal reclamation laws; short title.  
    422k-1.     Loan contracts for deferment of repayment
                 installments; amendment or supplementation.          
    422l.       Application of this subchapter to Hawaii.             

            SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS        
    423.        Permanently unproductive lands; exclusion from
                 project; disposition of water right.                 
    423a.       Construction charges on permanently unproductive lands
                 already paid; disposition.                           
    423b.       Suspension of payment of construction charges against
                 areas temporarily unproductive.                      
    423c.       Exchange of unpatented entries; entries, farms or
                 private lands, eliminated from project; rights not
                 assignable; rights of lienholders; preference to
                 ex-service men.                                      
    423d.       Amendment of existing water right contracts by
                 Secretary of the Interior.                           
    423e.       Completion of new projects or new division; execution
                 of contract with district as condition precedent to
                 delivery of water; contents of contract; cooperation
                 of States with United States; limitations on sale of
                 land.                                                
    423f.       Purpose of sections 423 to 423g and 610.              
    423g.       Adjustment of water right charges as final
                 adjudication on projects and divisions named.        
    423h.       Delivery of water to excess lands upon death of
                 spouse.                                              
    424.        Disposal of lands classified as temporarily or
                 permanently unproductive; persons who may take.      
    424a.       Sale of unproductive lands; terms; area purchasable;
                 tracts included.                                     
    424b.       Application of certain statutes to lands sold.        
    424c.       Issuance of patents; recitals in patents;
                 reservations.                                        
    424d.       Use of moneys collected from sales, project
                 construction charges and water rentals respecting
                 unproductive lands.                                  
    424e.       Authority of Secretary of the Interior; rules and
                 regulations.                                         
    425.        Exemption of lands owned by States, etc., from acreage
                 limitation on receipt of irrigation benefits;
                 determination of exempt status.                      
    425a.       Eligibility of transferred lands owned by States,
                 etc., for receipt of water from a Federal reclamation
                 project, division, or unit; conditions of
                 eligibility; purchase price.                         
    425b.       Receipt of project water by lessees of irrigable lands
                 owned by States, etc.; time limitation; applicability
                 of acreage limitations.                              

         SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES     
    431.        Limitation as to amount of water; qualifications of
                 applicant.                                           
    432.        Entry under homestead laws generally.                 
    433.        Character and capital qualification of entrymen.      
    433a.       Preference of needy families.                         
    434.        Amount of land for which entry may be made; farm unit;
                 subdivision of lands.                                
    435.        Entries in excess of farm unit.                       
    436.        Time when entry may be made generally.                
    437.        Lands as to which entries made prior to June 25, 1910,
                 have been relinquished.                              
    438.        Repealed.                                             
    439.        Cultivation requirement as to entrymen.               
    440.        Regulations as to use of water and requirements as to
                 cultivation and reclamation of land; cancellation for
                 noncompliance with requirements.                     
    441.        Assignment of entries generally.                      
    442.        Assignment between June 23, 1910, and January 1, 1913,
                 confirmed.                                           
    443.        Limitation of amount of land holdable under assignment
                 of entry.                                            
    444, 445.   Omitted.                                              
    446.        Right to make entry on relinquishment of former entry
                 under land laws.                                     
    447.        Relinquishment of homestead entry and making new
                 entry.                                               
    448.        Desert-land entries within reclamation project
                 generally.                                           
    449.        Assignment of desert-land entry within project.       

           SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS       
    451.        Conditions necessary for exchange; terms; credits;
                 rights nonassignable.                                
    451a.       Persons eligible for benefits.                        
    451b.       Irrigation construction charges.                      
                  (a)  Credits to entryman.                           
                  (b)  Credits to district; reduction of costs.       
                  (c)  Extension of benefits to districts.            
    451c.       Cancellation of charges or liens; credits.            
    451d.       Disposal of improvements; water rights; revertibility
                 of relinquished land.                                
    451e.       Amendment of farm unit; application; amount of land;
                 exchange; waiver.                                    
    451f.       Exchanges subject to mortgage contracts.              
    451g.       Preferences; veterans; timely applicants.             
    451h.       Establishment of farm units; size; contiguous or
                 noncontiguous.                                       
    451i.       "Federal irrigation project" defined.                 
    451j.       Rules and regulations.                                
    451k.       Availability of appropriations; expenses as
                 nonreimbursable.                                     

                        SUBCHAPTER VIII - TAXATION                    
    455.        State taxation; lands of homestead entryman.          
    455a.       State taxation; lands of desert-land entryman.        
    455b.       State tax as lien upon lands; prior lien of United
                 States; rights of holder of tax title.               
    455c.       Extinguishment of liens and tax titles on reversion of
                 lands to United States.                              

                   SUBCHAPTER IX - CONSTRUCTION CHARGES               
    461.        Determination of construction charges generally.      
    462.        Classification of irrigable lands and equitable
                 apportionment of charges.                            
    463.        Repealed.                                             
    464.        Increases of charges on failure to make water-right
                 application.                                         
    465.        Charges for water service prior to notice of
                 construction charge.                                 
    466.        Surveys to correct errors or inequalities in original
                 basis of project.                                    
    467.        Repealed.                                             
    468.        Withdrawal of notice given and modification of
                 applications and contracts made prior to February 13,
                 1911.                                                
    469.        Increase in construction charges.                     
    470.        When work increasing construction charge may be
                 undertaken.                                          
    471.        Initial payment and annual installments of charges
                 generally.                                           
    472.        Installments on entries or applications made after
                 August 13, 1914, and prior to December 5, 1924.      
    473, 474.   Repealed.                                             
    475.        Annual installments on entries and contracts prior to
                 August 13, 1914.                                     
    476.        Repealed.                                             
    477.        Association or irrigation district as fiscal agent of
                 Government.                                          
    478.        Pecuniary penalty for nonpayment of installments of
                 construction charges.                                
    479.        Shutting off water for nonpayment of construction
                 charge.                                              
    480.        Cancellation of water right or entry for nonpayment of
                 construction charge.                                 
    481.        Action to recover construction charges and penalties. 
    482.        Omitted.                                              

              SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES          
    485.        Declaration of policy.                                
    485a.       Definitions.                                          
    485b.       Amendment of existing repayment contracts.            
    485b-1.     Deferment of installments under repayment contracts;
                 determination of undue burden; conditions;
                 supplemental contract; report to Congress.           
    485c.       Repealed.                                             
    485d.       Time of payments to the United States.                
    485e.       Maintenance and operation of project works;
                 delinquency penalties.                               
    485f.       Negotiation of equitable contracts by Secretary.      
                  (a)  Existing project contract unit.                
                  (b)  New projects or projects under construction;
                        public lands; development periods.            
                  (c)  Report of proposed contracts to Congress;
                        approval; amendment after approval.           
    485g.       Classification of lands.                              
                  (a)  Generally.                                     
                  (b)  Necessity for request.                         
                  (c)  Furnishing data.                               
                  (d)  Primary determination.                         
                  (e)  Probable justification.                        
                  (f)  Expenses.                                      
                  (g)  Classification as prerequisite to contract.    
                  (h)  Modification of existing obligations.          
    485h.       New projects; sale of water and electric power; lease
                 of power privileges.                                 
                  (a)  Findings of Secretary.                         
                  (b)  Allocation of part of cost to flood control or
                        navigation.                                   
                  (c)  Furnishing water to municipalities; sale of
                        electric power; lease of power privileges.    
                  (d)  Delivery of water for irrigation; repayment
                        contract prerequisites.                       
                  (e)  Contracts to furnish water.                    
                  (f)  Public participation.                          
    485h-1.     Administration of repayment contracts and long-term
                 contracts to furnish water; renewal and conversion;
                 credit for payments; right to available water supply;
                 rates; construction component.                       
    485h-2.     Amendments to existing contracts.                     
    485h-3.     "Long-term contract" defined.                         
    485h-4.     Application of State laws.                            
    485h-5.     Supplement to Federal reclamation laws.               
    485h-6.     Repayment contracts; amendment for provision, addition
                 or modification of irrigation blocks.                
    485h-7.     Amendment of repayment contract for payment of annual
                 installments in two parts.                           
    485i.       Rules and regulations.                                
    485j.       Effect on existing laws.                              
    485k.       Short title.                                          

       SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY   
    491.        Authority of Secretary to operate works.              
    492.        Operation and maintenance charges generally.          
    493.        Operation charges; date of payment; discount; advance
                 payment.                                             
    493a.       Omitted.                                              
    494.        Pecuniary penalty for nonpayment of operation charge. 
    495.        Shutting off water for nonpayment of operation charge.
    496.        Cancellation of entry or water right for nonpayment of
                 operation charge.                                    
    497.        Action to recover operation charge and penalty.       
    498.        Transfer of management and operation of works to water
                 users generally.                                     
    499.        Discretionary power to transfer management.           
    499a.       Transfer of title to movable property; use of
                 appropriations.                                      
    499b.       Transfer to municipal corporations or other
                 organizations of care, operation, and maintenance of
                 works supplying water for municipal, domestic, or
                 industrial use.                                      
    500.        Duty of association or district to take over
                 management.                                          
    501.        Disposition of profits of project taken over by water
                 users.                                               
    502.        Emergency fund to assure continuous operation of
                 projects and project facilities governed by Federal
                 reclamation law.                                     
    503.        "Unusual or emergency conditions" defined.            
    504.        Rehabilitation and betterment of Federal reclamation
                 projects, including small reclamation projects;
                 return of costs; interest; definitions; performance
                 of work.                                             
    505.        Drainage facilities and minor construction in
                 irrigation works; contracts with repayment
                 organizations; limitation on costs; submission of
                 contract to Congress.                                

               SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS           
    506.        Authority of Secretary to make modifications.         
    507.        Construction for dam safety.                          
    508.        Costs incurred in the modification of structures.     
                  (a)  Costs resulting from age and normal
                        deterioration or lack of maintenance of
                        structures.                                   
                  (b)  Nonreimbursable costs resulting from new
                        hydrologic or seismic data or changes in
                        criteria.                                     
                  (c)  Reimbursement of certain modification costs.   
                  (d)  Contracts for return of costs.                 
                  (e)  Cost containment; modification status.         
    509.        Authorization of appropriations; report to Congress.  
    509a.       Project beneficiaries.                                
                  (a)  Notice of modification.                        
                  (b)  Consultation.                                  
                  (c)  Alternatives.                                  
                  (d)  Waiver.                                        

      SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR
                            PAYMENT OF CHARGES
    511.        Authority to contract with irrigation district.       
    512.        Release of Government liens after contract with
                 irrigation districts.                                
    513.        Lands in project subject to provisions of chapter;
                 after contract with irrigation district.             

      SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES
    521.        Sale of surplus waters generally.                     
    522.        Lease of water power.                                 
    523.        Storage and transportation of water for irrigation
                 districts, etc.                                      
    524.        Cooperation with irrigation districts, etc., in
                 construction of reservoirs and canals.               
    525.        Covering proceeds into reclamation fund.              
    526.        Credit of proceeds to particular project.             

        SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES    
    541.        When patent or final certificate issued.              
    542.        Reservation of lien for charges; enforcement of lien;
                 redemption.                                          
    543.        Certificate of final payment and release of lien.     
    544.        Limitation as to holdings prior to final payment of
                 charges; forfeiture of excess holding.               
    545.        Appointment of agents to receive payments; record of
                 payments and amounts owing.                          
    546.        Jurisdiction of district court for enforcement of this
                 subchapter.                                          
    547.        Patent to desert-land entryman.                       

     SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES 
    561.        Survey and subdivision of land for town sites;
                 reservation for public purposes.                     
    562.        Appraisal and sale of town lots.                      
    563.        Disposal of town sites set apart prior to June 27,
                 1906.                                                
    564.        Reappraisal of town lots for sale.                    
    565.        Terms of sale of town lots; installments of price.    
    566.        Maintenance of public reservations and conveyance to
                 municipality.                                        
    567.        Water rights for towns and cities; charges.           
    568.        Use of reclamation fund for expenses of and disposal
                 of proceeds of sale of town sites.                   
    569.        Reservation of land for park, playground, or community
                 center.                                              
                  (a)  Repealed.                                      
                  (b)  Water service.                                 
                  (c)  Contract for maintenance and use.              
                  (d)  Disposition of land not contracted for.        
    569a.       Extension of section 569 to tract of land in Idaho.   
    570.        Conveyance of land to school district.                
    571.        Sale of unplatted portions of Government town sites;
                 authorization.                                       
    572.        Disposition of net proceeds; fixing project
                 construction charges.                                
    573.        Expenses of appraisement and sale; rules and
                 regulations.                                         

                 SUBCHAPTER XVI - REFUNDS TO WAR VETERANS             
    581 to 586. Omitted.                                              

      SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
                                 GENERALLY
    591.        Omitted.                                              
    591a.       Boise project, Idaho; Arrowrock Dam; installment
                 payments of costs of repairs, resurfacing,
                 improvement, etc.                                    
    592.        Omitted.                                              
    593.        Flathead irrigation project, Montana.                 
    593a.       Construction, operation, and maintenance of Hungry
                 Horse Dam.                                           
    593b.       Construction of additional works for irrigation
                 purposes.                                            
    594.        Omitted.                                              
    595.        King Hill project, Idaho.                             
    596.        Omitted.                                              
    597.        Riverton project, Wyoming.                            
    597a.       Easements for Bull Lake Dam and Reservoir.            
    597b.       Compensation for easements.                           
    597c.       Reservation of Indians' right to use lands.           
    597d.       Regulations.                                          
    598.        Salt River project, Arizona; sale of water power.     
    599.        Omitted.                                              
    600.        Minidoka project, Idaho; sales of water from American
                 Falls Reservoir.                                     
    600a.       Arch Hurley Conservancy District project, New Mexico. 
    600b.       Canadian River project, Texas.                        
    600c.       Nonreimbursable costs.                                
                  (a)  Construction, operation, and maintenance costs.
                  (b)  Conditions precedent to construction.          
                  (c)  Repayment contract.                            
    600d.       Sanford Reservoir recreation facilities; allocation of
                 water, reservoir capacity, or joint project costs of
                 Canadian River project; municipal water use
                 priorities; agreements for operation, maintenance, or
                 additional development of project lands or
                 facilities; disposal of project lands or facilities;
                 nonreimbursable costs; cognizance of effect of fish
                 and wildlife plan.                                   
    600e.       Authorization of appropriations for public recreation
                 facilities.                                          

                 SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS             
    600f to 600f-4. Omitted.                                          

               SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS           
    600g to 600g-4. Omitted.                                          

            SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA        
    601 to 612. Omitted or Repealed.                                  

                  SUBCHAPTER XXI - GILA PROJECT, ARIZONA              
    613 to 613e. Omitted.                                             

            SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA        
    614 to 614d. Omitted.                                             

         SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA     
    615 to 615e. Omitted.                                             

              SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON          
    615f to 615j-1. Omitted.                                          

             SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO         
    615k to 615n. Omitted.                                            

                SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS            
    615o to 615r. Omitted.                                            

      SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO  
    615s to 615u. Omitted.                                            

                SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON            
    615v to 615x. Omitted.                                            

                SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA            
    615aa to 615hh. Omitted.                                          

        SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN
                  JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO
    615ii to 615zz. Omitted.                                          

     SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,
                                 COLORADO
    615aaa to 615iii. Omitted.                                        

    SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO
    615jjj to 615ooo. Omitted.                                        

       SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER
                              PROJECT, IDAHO
    615ppp to 615www. Omitted.                                        

    SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,
                                 NEBRASKA
    615xxx to 615cccc. Omitted.                                       

     SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN
                             PROGRAM, NEBRASKA
    615dddd to 615jjjj. Omitted.                                      

     SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,
                PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING
    615kkkk to 615kkkk-6. Omitted.                                    

    SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN
                           PROGRAM, SOUTH DAKOTA
    615llll to 615llll-6. Omitted or Repealed.                        

         SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO     
    616 to 616f. Omitted.                                             

               SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO           
    616g to 616j. Omitted.                                            

                SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA            
    616k to 616s. Omitted.                                            

                  SUBCHAPTER XLI - BAKER PROJECT, OREGON              
    616t to 616w. Omitted.                                            

                   SUBCHAPTER XLII - DIXIE PROJECT, UTAH               
    616aa to 616hh. Omitted.                                          

       SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT, COLORADO-WYOMING;
            BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO
    616ii to 616mm. Omitted.                                          

      SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT,
                                   IDAHO
    616nn to 616rr. Omitted.                                          

    SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,
                                WASHINGTON
    616ss to 616vv-5. Omitted.                                        

    SUBCHAPTER XLVI - MCKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON
    616ww to 616ww-5. Omitted.                                        

     SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:
                    CENTRAL VALLEY PROJECT, CALIFORNIA
    616aaa to 616fff-7. Omitted.                                      

            SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA        
    616ggg to 616mmm. Omitted.                                        

                SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON            
    616nnn to 616sss. Omitted.                                        

         SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA     
    616ttt to 616yyy. Omitted.                                        

              SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA          
    616aaaa to 616ffff-2. Omitted.                                    

               SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS           
    616gggg to 616llll. Omitted.                                      

       SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT,
                                  OREGON
    616mmmm to 616ssss. Omitted.                                      

          SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,
                             OREGON-WASHINGTON
    616tttt to 616yyyy. Omitted.                                      

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Sec. 371                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 371. Definitions

-STATUTE-
      When used in sections 371, 376, 377, 412, 417, 433, 462, 466,
    478, 493, 494, 500, 501, and 526 of this title - 
      (a) The word "Secretary" means the Secretary of the Interior.
      (b) The words "reclamation law" mean the Act of June 17, 1902 (32
    Stat. 388), and all Acts amendatory thereof or supplementary
    thereto.
      (c) The words "reclamation fund" mean the fund provided by the
    reclamation law.
      (d) The word "project" means a Federal irrigation project
    authorized by the reclamation law.
      (e) The words "division of a project" mean a substantial
    irrigable area of a project designated as a division by order of
    the Secretary.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. A, 43 Stat. 701.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act June 17, 1902, referred to in par. (b), is popularly known as
    the Reclamation Act or National Irrigation Act of 1902, which is
    classified generally to this chapter. For complete classification
    of this Act to the Code, see Short Title note below and Tables.

-MISC1-
                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-575, Sec. 1, Oct. 30, 1992, 106 Stat. 4600, provided
    that: "This Act [enacting sections 390h to 390h-15 of this title
    and sections 460l-31 to 460l-34, 470h-4, 470h-5, and 470x to 470x-6
    of Title 16, Conservation, amending sections 390g-2, 390g-3, 390g-
    5, 1521, and 1524 of this title, sections 460l-13 to 460l-15, 460l-
    18, 466, 470-1, 470a, 470b, 470c, 470h, 470h-2, 470h-3, 470i,
    470s, 470t, 470w, and 470w-3 of Title 16, and section 390 of Title
    25, Indians, enacting provisions set out as notes under this
    section and sections 390h, 620k, 1521, and 1524 of this title,
    sections 460l-31, 470, and 470a of Title 16, and section 390 of
    Title 25, and amending provisions set out as a note under section
    461 of Title 16] may be cited as the 'Reclamation Projects
    Authorization and Adjustment Act of 1992'."

                      SHORT TITLE OF 1984 AMENDMENTS                  
      For short title of Pub. L. 98-434 as the "High Plains States
    Groundwater Demonstration Program Act of 1983", see section 1 of
    Pub. L. 98-434, set out as a Short Title note under section 390g of
    this title.
      For short title of Pub. L. 98-404 as "The Reclamation Safety of
    Dams Act Amendments of 1984", see section 1 of Pub. L. 98-404, set
    out as a note under section 506 of this title.

                       SHORT TITLE OF 1978 AMENDMENT                   
      For short title of Pub. L. 95-578 as the "Reclamation Safety of
    Dams Act of 1978", see section 1 of Pub. L. 95-578, set out as a
    note under section 506 of this title.

                       SHORT TITLE OF 1958 AMENDMENT                   
      For short title of title III of Pub. L. 85-500, which enacted
    section 390b of this title, as the "Water Supply Act of 1958", see
    section 302 of Pub. L. 85-500, set out as a Short Title note under
    section 390b of this title.

                                SHORT TITLE                            
      Act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which
    enacted sections 372, 373, 381, 383, 391, 392, 411, 416, 419, 421,
    431, 432, 434, 439, 461, 476, 491, and 498 of this title, is
    popularly known as the "Reclamation Act" or "National Irrigation
    Act of 1902".
      Act Dec. 5, 1924, ch. 4, Sec. 4, 43 Stat. 701, as amended, which
    enacted this section and sections 376, 377, 412, 417, 433, 438,
    462, 463, 466, 467, 473, 474, 478, 493, 494, 500, 501, and 526 of
    this title, is popularly known as the "Fact Finders' Act".

                        WESTERN WATER POLICY REVIEW                    
      Pub. L. 104-46, title V, Sec. 502, Nov. 13, 1995, 109 Stat. 419,
    provided that: "Notwithstanding the provisions of any other law,
    the report referred to in title 30 [XXX] of Public Law 102-575 [set
    out below] shall be submitted within five years from the date of
    enactment of that Act [Oct. 30, 1992]."
      Pub. L. 102-575, title XXX, Oct. 30, 1992, 106 Stat. 4693, as
    amended by Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.
    4594, provided that:

      "SEC. 3001. SHORT TITLE.
      "This title may be cited as the 'Western Water Policy Review Act
    of 1992'.

      "SEC. 3002. CONGRESSIONAL FINDINGS.
      "The Congress finds that - 
        "(1) the Nation needs an adequate water supply for all states
      [States] at a reasonable cost;
        "(2) the demands on the Nation's finite water supply are
      increasing;
        "(3) coordination on both the Federal level and the local level
      is needed to achieve water policy objectives;
        "(4) not less than fourteen agencies of the Federal Government
      are currently charged with functions relating to the oversight of
      water policy;
        "(5) the diverse authority over Federal water policy has
      resulted in unclear goals and an inefficient handling of the
      Nation's water policy;
        "(6) the conflict between competing goals and objectives by
      Federal, State, and local agencies as well as by private water
      users is particularly acute in the nineteen Western States which
      have arid climates which include the seventeen reclamation
      States, Hawaii, and Alaska;
        "(7) the appropriations doctrine of water allocation which
      characterizes most western water management regimes varies from
      State to State, and results in many instances in increased
      competition for limited resources;
        "(8) the Federal Government has recognized and continues to
      recognize the primary jurisdiction of the several States over the
      allocation, priority, and use of water resources of the States,
      except to the extent such jurisdiction has been preempted in
      whole or in part by the Federal Government, including, but not
      limited to, express or implied Federal reserved water rights
      either for itself or for the benefit of Indian Tribes, and that
      the Federal Government will, in exercising its authorities,
      comply with applicable State laws;
        "(9) the Federal Government recognizes its trust
      responsibilities to protect Indian water rights and assist Tribes
      in the wise use of those resources;
        "(10) Federal agencies, such as the Bureau of Reclamation, have
      had, and will continue to have major responsibilities in
      assisting States in the wise management and allocation of scarce
      water resources; and
        "(11) the Secretary of the Interior, given his responsibilities
      for management of public land, trust responsibilities for
      Indians, administration of the reclamation program,
      investigations and reviews into ground water resources through
      the Geologic Survey [now United States Geological Survey], and
      the Secretary of the Army, given his responsibilities for flood
      control, water supply, hydroelectric power, recreation, and fish
      and wildlife enhancement, have the resources to assist in a
      comprehensive review, in consultation with appropriate officials
      from the nineteen Western States, into the problems and potential
      solutions facing the nineteen Western States and the Federal
      Government in the increasing competition for the scarce water
      resources of the Western States.

      "SEC. 3003. PRESIDENTIAL REVIEW.
      "(a) The President is directed to undertake a comprehensive
    review of Federal activities in the nineteen Western States which
    directly or indirectly affect the allocation and use of water
    resources, whether surface or subsurface, and to submit a report on
    the President's findings, together with recommendations, if any, to
    the Committees on Energy and Natural Resources, Environment and
    Public Works and Appropriations of the Senate and the Committees on
    Natural Resources [now Resources], Public Works and Transportation
    [now Transportation and Infrastructure], Merchant Marine and
    Fisheries and Appropriations of the House of Representatives.
      "(b) Such report shall be submitted within three years from the
    date of enactment of this Act [Oct. 30, 1992].
      "(c) In conducting the review and preparing the report, the
    President is directed to consult with the Advisory Commission
    established under section 3004 of this title, and may request the
    Secretary of the Interior and the Secretary of the Army or other
    Federal officials or the Commission to undertake such studies or
    other analyses as the President determines would assist in the
    review.
      "(d) The President shall consult periodically with the
    Commission, and upon the request of the President, the heads of
    other Federal agencies are directed to cooperate with and assist
    the Commission in its activities.

      "SEC. 3004. THE ADVISORY COMMISSION.
      "(a) The President shall appoint an Advisory Commission
    (hereafter in this title referred to as the 'Commission') to assist
    in the preparation and review of the report required under this
    title.
      "(b) The Commission shall be composed of eighteen members as
    follows:
        "(1) Ten members appointed by the President including:
          "(A) the Secretary of the Interior or his designee;
          "(B) the Secretary of the Army or his designee;
          "(C) at least one representative chosen from a list submitted
        by the Western Governors Association; and
          "(D) at least one representative chosen from a list submitted
        by Tribal governments located in the Western States.
        "(2) In addition to the ten members appointed by the President,
      twelve Members from the United States Congress shall serve as ex
      officio members of the Commission. For the United States Senate:
      the Chairmen and the Ranking Minority Members of the Committees
      on Energy and Natural Resources, and Appropriations, and the
      Subcommittee of the Committee on Energy and Natural Resources
      which has jurisdiction over the Bureau of Reclamation. For the
      United States House of Representatives: the Chairman [Chairmen]
      and Ranking Minority Members of the Committees on Natural
      Resources [now Resources], Public Works and Transportation [now
      Transportation and Infrastructure], and Appropriations.
      "(c) The President shall appoint one member of the Commission to
    serve as Chairman.
      "(d) Any vacancy which may occur on the Commission shall be
    filled in the same manner in which the original appointment was
    made.
      "(e) Members of the Commission shall serve without compensation
    but shall be reimbursed for travel, subsistence, and other
    necessary expenses incurred by them in the performance of their
    duties.

      "SEC. 3005. DUTIES OF THE COMMISSION.
      "The Commission shall - 
        "(1) review present and anticipated water resource problems
      affecting the nineteen Western States, making such projections of
      water supply requirements as may be necessary and identifying
      alternative ways of meeting these requirements - giving
      considerations, among other things, to conservation and more
      efficient use of existing supplies, innovations to encourage the
      most beneficial use of water and recent technological advances;
        "(2) examine the current and proposed Federal programs
      affecting such States and recommend to the President whether they
      should be continued or adopted and, if so, how they should be
      managed for the next twenty years, including the possible
      reorganization or consolidation of the current water resources
      development and management agencies;
        "(3) review the problems of rural communities relating to water
      supply, potable water treatment, and wastewater treatment;
        "(4) review the need and opportunities for additional storage
      or other arrangements to augment existing water supplies
      including, but not limited to, conservation;
        "(5) review the history, use, and effectiveness of various
      institutional arrangements to address problems of water
      allocation, water quality, planning, flood control and other
      aspects of water development and use, including, but not limited
      to, interstate water compacts, Federal-State regional
      corporations, river basin commissions, the activities of the
      Water Resources Council, municipal and irrigation districts and
      other similar entities with specific attention to the authorities
      of the Bureau of Reclamation under reclamation law and the
      Secretary of the Army under water resources law;
        "(6) review the legal regime governing the development and use
      of water and the respective roles of both the Federal Government
      and the States over the allocation and use of water, including an
      examination of riparian zones, appropriation and mixed systems,
      market transfers, administrative allocations, ground water
      management, interbasin transfers, recordation of rights, Federal-
      State relations including the various doctrines of Federal
      reserved water rights (including Indian water rights and the
      development in several States of the concept of a public trust
      doctrine); and
        "(7) review the activities, authorities, and responsibilities
      of the various Federal agencies with direct water resources
      management responsibility, including but not limited to the
      Bureau of Reclamation, the Department of the Army, and those
      agencies whose decisions would impact on water resource
      availability and allocation, including, but not limited to, the
      Federal Energy Regulatory Commission.

      "SEC. 3006. REPRESENTATIVES.
      "(a) The Chairman of the Commission shall invite the Governor of
    each Western State to designate a representative to work closely
    with the Commission and its staff in matters pertaining to this
    title.
      "(b) The Commission, at its discretion, may invite appropriate
    public or private interest groups including, but not limited to,
    Indian and Tribal organizations to designate a representative to
    work closely with the Commission and its staff in matters
    pertaining to this title.

      "SEC. 3007. POWERS OF THE COMMISSION.
      "(a) The Commission may - 
        "(1) hold such hearings, sit and act at such times and places,
      take such testimony, and receive such evidence as it may deem
      advisable;
        "(2) use the United States mail in the same manner and upon the
      same conditions as other departments and agencies of the United
      States;
        "(3) enter into contracts or agreements for studies and surveys
      with public and private organizations and transfer funds to
      Federal agencies to carry out such aspects of the Commission's
      functions as the Commission determines can best be carried out in
      that manner; and
        "(4) incur such necessary expenses and exercise such other
      powers as are consistent with and reasonably required to perform
      its functions under this title.
      "(b) Any member of the Commission is authorized to administer
    oaths when it is determined by a majority of the Commission that
    testimony shall be taken or evidence received under oath.
      "(c) The Commission shall have a Director who shall be appointed
    by the Commission and who shall be paid at a rate not to exceed the
    maximum rate of basic pay payable for level II of the Executive
    Schedule.
        "(1) With the approval of the Commission, the Director may
      appoint and fix the pay of such personnel as the Director
      considers appropriate but only to the extent that such personnel
      cannot be obtained from the Secretary of the Interior or by
      detail from other Federal agencies. Such personnel may be
      appointed without regard to the provisions of title 5, United
      States Code, governing appointments in the competitive service,
      and may be paid without regard to the provisions of chapter 51
      and subchapter III of chapter 53 of such Title relating to
      classification and General Schedule pay rates.
        "(2) With the approval of the Commission, the Director may
      procure temporary and intermittent services under section 3109(b)
      of title 5 of the United States Code, but at rates for
      individuals not to exceed the daily equivalent of the maximum
      annual rate of basic pay payable for GS-18 of the General
      Schedule.
      "(d) The Secretary of the Interior and the Secretary of the Army
    shall provide such office space, furnishings and equipment as may
    be required to enable the Commission to perform its functions. The
    Secretary shall also furnish the Commission with such staff,
    including clerical support, as the Commission may require.

      "SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN.
      "(a) Subject to general policies adopted by the Commission, the
    Chairman shall be the chief executive of the Commission and shall
    exercise its executive and administrative powers as set forth in
    paragraphs (2) through (4) of section 3007(a).
      "(b) The Chairman may make such provisions as he shall deem
    appropriate authorizing the performance of any of his executive and
    administrative functions by the Director or other personnel of the
    Commission.

      "SEC. 3009. OTHER FEDERAL AGENCIES.
      "(a) The Commission shall, to the extent practicable, utilize the
    services of the Federal water resource agencies.
      "(b) Upon request of the Commission, the President may direct the
    head of any other Federal department or agency to assist the
    Commission and such head of any Federal department or agency is
    authorized - 
        "(1) to furnish to the Commission, to the extent permitted by
      law and within the limits of available funds, including funds
      transferred for that purpose pursuant to section 3007(a)(7) of
      this title, such information as may be necessary for carrying out
      its functions and as may be available to or procurable by such
      department or agency, and
        "(2) to detail to temporary duty with the Commission on a
      reimbursable basis such personnel within his administrative
      jurisdiction as it may need or believe to be useful for carrying
      out its functions, each such detail to be without loss of
      seniority, pay, or other employee status.
      "(c) Financial and administrative services (including those
    related to budgeting, accounting, financial reporting, personnel,
    and procurement) shall be provided the Commission by the Secretary
    of the Interior.

      "SEC. 3010. APPROPRIATIONS.
      "There are hereby authorized to be appropriated not to exceed
    $10,000,000 to carry out the purposes of sections 3001 through 3009
    of this title."
      [References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.]
      [Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
    treatment of references to Committee on Merchant Marine and
    Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
    preceding section 21 of Title 2, The Congress.]

-End-

-CITE-
    43 USC Sec. 372                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 372. Water right as appurtenant to land and extent of right

-STATUTE-
      The right to the use of water acquired under the provisions of
    this Act shall be appurtenant to the land irrigated, and beneficial
    use shall be the basis, the measure, and the limit of the right.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 8, 32 Stat. 390.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 17, 1902, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of the proviso in section 8 of act June 17,
    1902. Remainder of section 8 is classified to section 383 of this
    title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 373                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 373. General authority of Secretary of the Interior

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts and to make such rules and regulations as may be necessary
    and proper for the purpose of carrying out the provisions of this
    Act into full force and effect.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 10, 32 Stat. 390; Aug. 13, 1914, ch.
    247, Sec. 15, 38 Stat. 690.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, refers both to act June 17, 1902,
    popularly known as the Reclamation Act, and to act Aug. 13, 1914.
    See Codification note set out below. For classification of act June
    17, 1902 to the Code, see Short Title note set out under section
    371 of this title and Tables. Act Aug. 13, 1914, is classified to
    sections 373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471,
    472, 475, 477 to 481, 492, 493, 494 to 497, and 499 of this title.

-COD-
                               CODIFICATION                           
      Act Aug. 13, 1914, cited as a credit to this section, did not
    amend act July 17, 1902, but contained identical provisions.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 373a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 373a. Commissioner of Reclamation; appointment

-STATUTE-
      Under the supervision and direction of the Secretary of the
    Interior, the reclamation of arid lands, under the Act of June 17,
    1902, and Acts amendatory thereof and supplementary thereto, shall
    be administered by a Commissioner of Reclamation who shall be
    appointed by the President by and with the advice and consent of
    the Senate.

-SOURCE-
    (May 26, 1926, ch. 401, 44 Stat. 657; Pub. L. 97-293, title II,
    Sec. 229, Oct. 12, 1982, 96 Stat. 1274.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      Provisions of this section which prescribed the basic
    compensation of Commissioner were omitted to conform to the
    provisions of the Executive Schedule. See section 5316 of Title 5,
    Government Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-293 inserted requirement that Commissioner of
    Reclamation be appointed by and with advice and consent of Senate.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-MISC2-
                           USE OF PRIVATE SECTOR                       
      Pub. L. 108-7, div. D, title II, Sec. 208, Feb. 20, 2003, 117
    Stat. 146, provided that: "The Commissioner of the Bureau of
    Reclamation is directed to increase the use of the private sector
    in performing planning, engineering and design work for Bureau of
    Reclamation projects to 10 percent in fiscal year 2003, and in each
    subsequent year until the level of work is at least 40 percent for
    the planning, engineering and design work conducted by the Bureau
    of Reclamation."

                       COMPENSATION OF COMMISSIONER                   
      Compensation of Commissioner, see section 5316 of Title 5,
    Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 373a-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 373a-1. Repealed. Pub. L. 88-426, title III, Sec. 305(35),
      Aug. 14, 1964, 78 Stat. 426

-MISC1-
      Section, Pub. L. 87-880, title II, Sec. 200, Oct. 24, 1962, 76
    Stat. 1223, prescribed compensation of Commissioner of Reclamation.
    See section 5316 of Title 5, Government Organization and Employees.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective on first day of first pay period which begins on
    or after July 1, 1964, see section 501 of Pub. L. 88-426.

-End-

-CITE-
    43 USC Sec. 373b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 373b. Law enforcement authority at Bureau of Reclamation
      facilities

-STATUTE-
    (a) Public safety regulations
      The Secretary of the Interior shall issue regulations necessary
    to maintain law and order and protect persons and property within
    Reclamation projects and on Reclamation lands.
    (b) Violations; criminal penalties
      Any person who knowingly and willfully violates any regulation
    issued under subsection (a) of this section shall be fined under
    chapter 227, subchapter C of title 18, imprisoned for not more than
    6 months, or both. Any person charged with a violation of a
    regulation issued under subsection (a) of this section may be tried
    and sentenced by any United States magistrate judge designated for
    that purpose by the court by which he was appointed, in the same
    manner and subject to the same conditions and limitations as
    provided for in section 3401 of title 18.
    (c) Authorization of law enforcement officers
      The Secretary of the Interior may - 
        (1) authorize law enforcement personnel from the Department of
      the Interior to act as law enforcement officers to enforce
      Federal laws and regulations within a Reclamation project or on
      Reclamation lands;
        (2) authorize law enforcement personnel of any other Federal
      agency that has law enforcement authority (with the exception of
      the Department of Defense) or law enforcement personnel of any
      State or local government, including an Indian tribe, when deemed
      economical and in the public interest, through cooperative
      agreement or contract, to act as law enforcement officers to
      enforce Federal laws and regulations within a Reclamation project
      or on Reclamation lands with such enforcement powers as may be so
      assigned to them by the Secretary;
        (3) cooperate with any State or local government, including an
      Indian tribe, in the enforcement of the laws or ordinances of
      that State or local government; and
        (4) provide reimbursement to a State or local government,
      including an Indian tribe, for expenditures incurred in
      connection with activities under paragraph (2).
    (d) Powers of law enforcement officers
      A law enforcement officer authorized by the Secretary of the
    Interior under subsection (c) of this section may - 
        (1) carry firearms within a Reclamation project or on
      Reclamation lands;
        (2) make arrests without warrants for - 
          (A) any offense against the United States committed in his
        presence; or
          (B) any felony cognizable under the laws of the United States
        if he has - 
            (i) reasonable grounds to believe that the person to be
          arrested has committed or is committing such a felony; and
            (ii) such arrest occurs within a Reclamation project or on
          Reclamation lands or the person to be arrested is fleeing
          therefrom to avoid arrest;

        (3) execute within a Reclamation project or on Reclamation
      lands any warrant or other process issued by a court or officer
      of competent jurisdiction for the enforcement of the provisions
      of any Federal law or regulation issued pursuant to law for any
      offense committed within a Reclamation project or on Reclamation
      lands; and
        (4) conduct investigations within a Reclamation project or on
      Reclamation lands of offenses against the United States committed
      within a Reclamation project or on Reclamation lands if the
      Federal law enforcement agency having investigative jurisdiction
      over the offense committed declines to investigate the offense.
    (e) Legal status of State or local law enforcement officers
      (1) State or local officers not Federal employees
        Except as otherwise provided in this section, a law enforcement
      officer of any State or local government, including an Indian
      tribe, authorized to act as a law enforcement officer under
      subsection (c) of this section shall not be deemed to be a
      Federal employee and shall not be subject to the provisions of
      law relating to Federal employment, including those relating to
      hours of work, rates of compensation, employment discrimination,
      leave, unemployment compensation, and Federal benefits.
      (2) Application of Federal Tort Claims Act
        For purposes of chapter 171 of title 28 (commonly known as the
      Federal Tort Claims Act), a law enforcement officer of any State
      or local government, including an Indian tribe, shall, when
      acting as a law enforcement officer under subsection (c) of this
      section and while under Federal supervision and control, and only
      when carrying out Federal law enforcement responsibilities, be
      considered a Federal employee.
      (3) Availability of workers compensation
        For purposes of subchapter I of chapter 81 of title 5, relating
      to compensation to Federal employees for work injuries, a law
      enforcement officer of any State or local government, including
      an Indian tribe, shall, when acting as a law enforcement officer
      under subsection (c) of this section and while under Federal
      supervision and control, and only when carrying out Federal law
      enforcement responsibilities, be deemed a civil service employee
      of the United States within the meaning of the term employee as
      defined in section 8101 of title 5, and the provisions of that
      subchapter shall apply. Benefits under such subchapter shall be
      reduced by the amount of any entitlement to State or local
      workers compensation benefits arising out of the same injury or
      death.
    (f) Concurrent jurisdiction
      Nothing in this section shall be construed or applied to limit or
    restrict the investigative jurisdiction of any Federal law
    enforcement agency, or to affect any existing right of a State or
    local government, including an Indian tribe, to exercise civil and
    criminal jurisdiction within a Reclamation project or on
    Reclamation lands.
    (g) Regulations
      Except for the authority provided in section 2(c)(1),(!1) the law
    enforcement authorities provided for in this section may be
    exercised only pursuant to regulations issued by the Secretary of
    the Interior and approved by the Attorney General.

-SOURCE-
    (Pub. L. 107-69, Sec. 1, Nov. 12, 2001, 115 Stat. 593.)

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection (c)(1)".

-End-

-CITE-
    43 USC Sec. 373c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 373c. Definitions

-STATUTE-
      In this section and section 373b of this title:
      (1) Law enforcement personnel
        The term "law enforcement personnel" means an employee of a
      Federal, State, or local government agency, including an Indian
      tribal agency, who has successfully completed law enforcement
      training approved by the Secretary and is authorized to carry
      firearms, make arrests, and execute service of process to enforce
      criminal laws of his or her employing jurisdiction.
      (2) Reclamation project; reclamation lands
        The terms "Reclamation project" and "Reclamation lands" have
      the meaning given such terms in section 460l-32 of title 16.

-SOURCE-
    (Pub. L. 107-69, Sec. 2, Nov. 12, 2001, 115 Stat. 595.)

-End-

-CITE-
    43 USC Sec. 373d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 373d. Grants and cooperative agreements with Indian tribes and
      organizations

-STATUTE-
      In order to increase opportunities for Indian tribes to develop,
    manage, and protect their water resources, in fiscal year 2003 and
    thereafter, the Secretary of the Interior, acting through the
    Commissioner of the Bureau of Reclamation, is authorized to enter
    into grants and cooperative agreements with any Indian tribe,
    institution of higher education, national Indian organization, or
    tribal organization pursuant to sections 6301 to 6308 of title 31.
    Nothing in this Act is intended to modify or limit the provisions
    of the Indian Self Determination Act [25 U.S.C. 450f et seq.].

-SOURCE-
    (Pub. L. 108-7, div. D, title II, Sec. 201, Feb. 20, 2003, 117
    Stat. 144.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means div. D of Pub. L. 108-7,
    Feb. 20, 2003, 117 Stat. 133, known as the Energy and Water
    Development Appropriations Act, 2003. For complete classification
    of this Act to the Code, see Tables.
      The Indian Self-Determination Act, referred to in text, is title
    I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which
    is classified principally to part A (Sec. 450f et seq.) of
    subchapter II of chapter 14 of Title 25, Indians. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 450 of Title 25 and Tables.

-MISC1-
                            SIMILAR PROVISIONS                        
      Provisions similar to those in this section were contained in the
    following appropriation act:
      Pub. L. 107-66, title II, Sec. 201, Nov. 12, 2001, 115 Stat. 499.

-End-

-CITE-
    43 USC Sec. 374                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 374. Sale of lands acquired in connection with irrigation
      project

-STATUTE-
      Whenever in the opinion of the Secretary of the Interior any
    lands which have been acquired under the provisions of the Act of
    June 17, 1902 (32 Stat. 388), commonly called the "Reclamation Act"
    or under the provisions of any act amendatory thereof or
    supplementary thereto, for any irrigation works contemplated by the
    reclamation law, are not needed for the purposes for which they
    were acquired, said Secretary of the Interior may cause said lands,
    together with the improvements thereon, to be appraised by three
    disinterested persons, to be appointed by him, and thereafter to
    sell the same for not less than the appraised value at public
    auction to the highest bidder, after giving public notice of the
    time and place of sale by posting upon the land and by publication
    for not less than thirty days in a newspaper of general circulation
    in the vicinity of the land.
      Upon payment of the purchase price, the Secretary of the Interior
    is authorized by appropriate deed to convey all the right, title,
    and interest of the United States of, in, and to said lands to the
    purchaser at said sale, subject, however, to such reservations,
    limitations, or conditions as said Secretary may deem proper:
    Provided, That not over one hundred and sixty acres shall be sold
    to any one person.
      The moneys derived from the sale of such lands shall be covered
    into the reclamation fund and be placed to the credit of the
    project for which such lands had been acquired.

-SOURCE-
    (Feb. 2, 1911, ch. 32, Secs. 1-3, 36 Stat. 895.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 375                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 375. Sale of land improved at expense of reclamation fund

-STATUTE-
      Whenever in the opinion of the Secretary of the Interior any
    public lands which have been withdrawn for or in connection with
    construction or operation of reclamation projects under the
    provisions of the Act of June 17, 1902, known as the Reclamation
    Act, and acts amendatory thereof and supplementary thereto, which
    are not otherwise reserved and which have been improved by and at
    the expense of the reclamation fund for administration or other
    like purposes, are no longer needed for the purposes for which they
    were withdrawn and improved, the Secretary of the Interior may
    cause said lands, together with the improvements thereon, to be
    appraised by three disinterested persons to be appointed by him,
    and thereafter sell the same, for not less than the appraised
    value, at public auction to the highest bidder, after giving public
    notice of the time and place of sale by posting upon the land and
    by publication for not less than thirty days in a newspaper of
    general circulation in the vicinity of the land; not less than one-
    fifth the purchase price shall be paid at the time of sale, and
    the remainder in not more than four annual payments with interest
    at 6 per centum per annum, payable annually, on deferred payments.
      Upon payment of the purchase price the Secretary of the Interior
    is authorized, by appropriate patent, to convey all the right,
    title, and interest of the United States in and to said lands to
    the purchaser at said sale, subject, however, to such reservations,
    limitations, or conditions as said Secretary may deem proper:
    Provided, That not over one hundred and sixty acres shall be sold
    to any one person, and if said lands are irrigable under the
    project in which located they shall be sold subject to compliance
    by the purchaser with all the terms, conditions, and limitations of
    the reclamation law applicable to lands of that character:
    Provided, That the accepted bidder must, prior to issuance of
    patent, furnish satisfactory evidence that he or she is a citizen
    of the United States.
      The moneys derived from the sale of such lands shall be covered
    into the reclamation fund and be placed to the credit of the
    project for which such lands had been withdrawn.

-SOURCE-
    (May 20, 1920, ch. 192, Secs. 1-3, 41 Stat. 605, 606.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 375a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 375a. Sale under sections 374 and 375 of lands appraised at
      not exceeding $300

-STATUTE-
      The Secretary in his discretion, in any instances where property
    to be sold under section 374 or 375 of this title, is appraised at
    not to exceed $300, may sell said property at public or private
    sale without complying with the provisions of said sections as to
    notice, publication, and mode of sale.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 11, 53 Stat. 1197.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Reclamation Project Act of
    1939. See sections 387 to 389 and 485 et seq. of this title.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 485a of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 375b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 375b. Disposal of tracts too small to be classed farm units

-STATUTE-
      In accordance with the provisions of sections 375b to 375f of
    this title and notwithstanding the provisions of any other law, the
    Secretary of the Interior, hereinafter styled the Secretary, is
    authorized, in connection with any Federal irrigation project for
    which water is available, and after finding that such action will
    be in furtherance of the irrigation project and the Act of June 17,
    1902 (32 Stat. 388), and Acts amendatory thereof or supplemental
    thereto, hereinafter styled the Reclamation Act, to dispose of any
    tract of withdrawn public land which, in the opinion of the
    Secretary, has less than sufficient acreage reasonably required for
    the support of a family and is too small to be opened to homestead
    entry and classed as a farm unit under the Reclamation Act.

-SOURCE-
    (Mar. 31, 1950, ch. 78, Sec. 1, 64 Stat. 39.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 375c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 375c. Sales of small tracts to resident farm owners and
      entrymen; price; terms; acreage purchasable

-STATUTE-
      The Secretary is authorized to sell such land to resident farm
    owners or resident entrymen, on the project upon which such land is
    located, at prices not less than that fixed by independent
    appraisal approved by the Secretary, and upon such terms and at
    private sale or at public auction as he may prescribe: Provided,
    That such resident farm landowner or resident entryman shall be
    permitted to purchase under sections 375b to 375f of this title not
    more than one hundred and sixty acres of such land, or an area
    which, together with land already owned or entered on such project
    shall not exceed one hundred and sixty irrigable acres.

-SOURCE-
    (Mar. 31, 1950, ch. 78, Sec. 2, 64 Stat. 39.)

-End-

-CITE-
    43 USC Sec. 375d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 375d. Issuance of patent for small tracts; reservations

-STATUTE-
      After the purchaser has paid to the United States all the amount
    on the purchase price of such land, a patent shall be issued. Such
    patents shall contain a reservation of a lien for water charges
    when deemed appropriate by the Secretary, and reservations of coal
    or other mineral rights to the same extent as patents issued under
    the homestead laws and also other reservations, limitations, or
    conditions as now provided by law.

-SOURCE-
    (Mar. 31, 1950, ch. 78, Sec. 3, 64 Stat. 40.)

-End-

-CITE-
    43 USC Sec. 375e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 375e. Moneys from sale of small tracts covered into
      reclamation fund; credit

-STATUTE-
      The moneys derived from the sale of such lands shall be covered
    into the reclamation fund and be placed to the credit of the
    project on which such lands are located.

-SOURCE-
    (Mar. 31, 1950, ch. 78, Sec. 4, 64 Stat. 40.)

-End-

-CITE-
    43 USC Sec. 375f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 375f. Rules and regulations

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts and to make rules and regulations necessary and proper for
    carrying out the purposes of sections 375b to 375f of this title.

-SOURCE-
    (Mar. 31, 1950, ch. 78, Sec. 5, 64 Stat. 40.)

-End-

-CITE-
    43 USC Sec. 376                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 376. Return of land donations not needed

-STATUTE-
      Where real property or any interest therein heretofore has been,
    or hereafter shall be, donated and conveyed to the United States
    for use in connection with a project, and the Secretary decides not
    to utilize the donation, he is authorized without charge to
    reconvey such property or any part thereof to the donating grantor,
    or to the heirs, successors, or assigns of such grantor.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. Q, 43 Stat. 704.)

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 377                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 377. General expenses of Bureau of Reclamation chargeable to
      general reclamation fund

-STATUTE-
      The cost and expense after June 30, 1945, of the office of the
    Commissioner in the District of Columbia, and, except for such cost
    and expense as are incurred on behalf of specific projects, of
    general investigations and of nonproject offices outside the
    District of Columbia, shall be charged to the reclamation fund and
    shall not be charged as a part of the reimbursable construction or
    operation and maintenance costs.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. O, 43 Stat. 704; Apr. 19,
    1945, ch. 80, 59 Stat. 54.)

-MISC1-
                                AMENDMENTS                            
      1945 - Act Apr. 19, 1945, amended section generally and made it
    applicable after June 30, 1945.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 377a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 377a. Limitation on use of funds where organizations or
      individuals are in arrears on contract charges

-STATUTE-
      No funds appropriated to the Bureau of Reclamation for operation
    and maintenance in this Act or in subsequent Energy and Water
    Development Appropriations Acts, except those derived from advances
    by water users, shall on and after October 2, 1992, be used for the
    particular benefits of lands (a) within the boundaries of an
    irrigation district, (b) of any member of a water users'
    organization, or (c) of any individual when such district,
    organization, or individual is in arrears for more than twelve
    months in the payment of charges due under a contract entered into
    with the United States pursuant to laws administered by the Bureau
    of Reclamation.

-SOURCE-
    (Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1331.)

-COD-
                               CODIFICATION                           
      Section is from the appropriation act cited as the credit to this
    section.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 102-104, title II, Aug. 17, 1991, 105 Stat. 525.
      Pub. L. 101-514, title II, Nov. 5, 1990, 104 Stat. 2086.
      Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 655.
      Pub. L. 100-371, title II, July 19, 1988, 102 Stat. 865.
      Pub. L. 100-202, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat.
    1329-104, 1329-117.
      Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat.
    1783-194, 1783-203, and Pub. L. 99-591, Sec. 101(e) [title II],
    Oct. 30, 1986, 100 Stat. 3341-194, 3341-203.
      Pub. L. 99-141, title II, Nov. 1, 1985, 99 Stat. 570.
      Pub. L. 98-360, title II, July 16, 1984, 98 Stat. 410.
      Pub. L. 98-50, title II, July 14, 1983, 97 Stat. 253.
      Pub. L. 97-88, title II, Dec. 4, 1981, 95 Stat. 1140.
      Pub. L. 96-367, title III, Oct. 1, 1980, 94 Stat. 1342.
      Pub. L. 96-69, title III, Sept. 25, 1979, 93 Stat. 447.
      Pub. L. 95-96, title III, Aug. 7, 1977, 91 Stat. 804.
      Pub. L. 94-355, title III, July 12, 1976, 90 Stat. 896.
      Pub. L. 94-180, title III, Dec. 26, 1975, 89 Stat. 1043.
      Pub. L. 93-393, title III, Aug. 28, 1974, 88 Stat. 788.
      Pub. L. 93-97, title III, Aug. 16, 1973, 87 Stat. 324.
      Pub. L. 92-405, title III, Aug. 25, 1972, 86 Stat. 627.
      Pub. L. 92-134, title III, Oct. 5, 1971, 85 Stat. 371.
      Pub. L. 91-349, title III, Oct. 7, 1970, 84 Stat. 899.
      Pub. L. 91-144, title III, Dec. 11, 1969, 83 Stat. 332.
      Pub. L. 90-479, title II, Aug. 12, 1968, 82 Stat. 711.
      Pub. L. 90-147, title II, Nov. 20, 1967, 81 Stat. 478.
      Pub. L. 89-689, title II, Oct. 15, 1966, 80 Stat. 1009.
      Pub. L. 89-299, title II, Oct. 28, 1965, 79 Stat. 1104.
      Pub. L. 88-511, title II, Aug. 30, 1964, 78 Stat. 689.
      Pub. L. 88-257, title II, Dec. 31, 1963, 77 Stat. 850.
      Pub. L. 87-880, title II, Oct. 24, 1962, 76 Stat. 1222.
      Pub. L. 87-330, title II, Sept. 30, 1961, 75 Stat. 727.
      Pub. L. 86-700, title II, Sept. 2, 1960, 74 Stat. 748.
      Pub. L. 86-254, title II, Sept. 10, 1959, 73 Stat. 497.
      Pub. L. 85-863, title II, Sept. 2, 1958, 72 Stat. 1577.
      Pub. L. 85-167, title II, Aug. 26, 1957, 71 Stat. 421.
      July 2, 1956, ch. 490, title II, 70 Stat. 478.
      July 15, 1955, ch. 370, title II, 69 Stat. 359.
      July 1, 1954, ch. 446, title I, 68 Stat. 368.
      July 31, 1953, ch. 298, title I, 67 Stat. 268.
      July 9, 1952, ch. 597, title I, 66 Stat. 453.
      Aug. 31, 1951, ch. 375, title I, 65 Stat. 258.
      Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 688.

-End-

-CITE-
    43 USC Sec. 377b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 377b. Availability of appropriations for Bureau of Reclamation

-STATUTE-
      Appropriations for the Bureau of Reclamation in this Act or in
    subsequent Energy and Water Development Appropriations Acts shall
    on and after October 2, 1992, be available for payment of claims
    for damages to or loss of property, personal injury, or death
    arising out of activities of the Bureau of Reclamation, not to
    exceed $5,000,000 for each causal event giving rise to a claim or
    claims; payment, except as otherwise provided for, of compensation
    and expenses of persons on the rolls of the Bureau of Reclamation
    appointed as authorized by law to represent the United States in
    the negotiations and administration of interstate compacts without
    reimbursement or return under the reclamation laws; services as
    authorized by section 3109 of title 5, in total not to exceed
    $500,000 per year; rewards for information or evidence concerning
    violations of law involving property under the jurisdiction of the
    Bureau of Reclamation; performance of the functions specified under
    the head "Operation and Maintenance Administration", Bureau of
    Reclamation, in the Interior Department Appropriations Act (!1)
    1945; preparation and dissemination of useful information including
    recordings, photographs, and photographic prints; and studies of
    recreational uses of reservoir areas, and investigation and
    recovery of archeological and paleontological remains in such areas
    in the same manner as provided for in the Acts of August 21, 1935
    (16 U.S.C. 461-467) and June 27, 1960 (16 U.S.C. 469): Provided,
    That on and after October 2, 1992, no part of any appropriation
    made in this Act or in subsequent Energy and Water Development
    Appropriations Acts shall be available pursuant to the Act of April
    19, 1945 (43 U.S.C. 377), for expenses other than those incurred on
    behalf of specific reclamation projects except "General
    Administrative Expenses", amounts provided for plan formulation
    investigations under the head "General Investigations", and amounts
    provided for science and technology under the head "Construction
    Program".

      Sums appropriated in this Act or in subsequent Energy and Water
    Development Appropriations Acts which are expended in the
    performance of reimbursable functions of the Bureau of Reclamation
    shall be returnable to the extent and in the manner provided by
    law.
      No part of any appropriation for the Bureau of Reclamation,
    contained in this Act, in any prior Act, or in subsequent Energy
    and Water Development Appropriations Acts which represents amounts
    earned under the terms of a contract but remaining unpaid, shall be
    obligated for any other purpose, regardless of when such amounts
    are to be paid: Provided, That the incurring of any obligation
    prohibited by this paragraph shall be deemed a violation of section
    1341 of title 31.
      None of the funds made available by this or any other Act or by
    any subsequent Act shall on and after October 2, 1992, be used by
    the Bureau of Reclamation for contracts for surveying and mapping
    services unless such contracts for which a solicitation is issued
    after the date of this Act (!2) are awarded in accordance with
    title IX of the Federal Property and Administrative Service (!3)
    Act of 1949.(!2)

-SOURCE-
    (Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1330, 1331;
    Pub. L. 108-137, title II, Sec. 206, Dec. 1, 2003, 117 Stat. 1849.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation laws, referred to in text, include the act of
    June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
    Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.
      The Interior Department Appropriations Act 1945, referred to in
    text, is act June 28, 1944, ch. 298, 58 Stat. 463, which is not
    classified to the Code. The heading "Operation and maintenance
    administration" appears at 58 Stat. 487 following the heading
    "Bureau of Reclamation" which appears at 58 Stat. 486.
      Act of August 21, 1935, referred to in text, is act Aug. 21,
    1935, ch. 593, 49 Stat. 666, as amended, popularly known as the
    Historic Sites, Buildings and Antiquities Act, which is classified
    generally to sections 461 to 467 of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 461 of Title 16 and Tables.
      Act of June 27, 1960, referred to in text, is Pub. L. 86-523,
    June 27, 1960, 74 Stat. 220, as amended, which enacted sections 469
    to 469c-1 of Title 16. For complete classification of this Act to
    the Code, see Tables.
      Act of April 19, 1945 (43 U.S.C. 377), referred to in text, is
    act April 19, 1945, ch. 80, 59 Stat. 54, which amended section 377
    of this title. For complete classification of this Act to the Code,
    see Tables.
      The date of this Act, referred to in text, probably means the
    date of enactment of Pub. L. 102-377, which enacted this section,
    and which was approved Oct. 2, 1992.
      The Federal Property and Administrative Services Act of 1949,
    referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,
    as amended. Title IX of the Act, which was classified generally to
    subchapter VI (Sec. 541 et seq.) of chapter 10 of former Title 40,
    Public Buildings, Property, and Works, was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapter 11 (Sec. 1101 et seq.) of Title 40, Public
    Buildings, Property, and Works. For disposition of sections of
    former Title 40 to revised Title 40, see Table preceding section
    101 of Title 40. For complete classification of this Act to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of the second, third, fourth, and sixth
    undesignated pars. under headings "Bureau of Reclamation" and
    "administrative provisions" in title II of Pub. L. 102-377, Oct. 2,
    1992, 106 Stat. 1330, 1331.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-137 inserted in first par. ", not to exceed
    $5,000,000 for each causal event giving rise to a claim or claims"
    after "activities of the Bureau of Reclamation".

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "Services".

-End-

-CITE-
    43 USC Sec. 378                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 378. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 30, 1906, ch. 3912, 34 Stat. 663, authorized
    Secretary of the Interior to contract for office accommodations for
    Bureau of Reclamation in city of Washington. Construction of a
    building to afford office space for the bureau was authorized by
    act Mar. 4, 1913, ch. 147, Sec. 9, 37 Stat. 880.

-End-

-CITE-
    43 USC Sec. 379                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 379. Purchase of scientific books, law books, etc.

-STATUTE-
      The Secretary of the Interior may authorize the purchase of such
    law books, books of reference, periodicals, engineering and
    statistical publications as are needed in carrying out the surveys
    and examinations authorized by the reclamation law.

-SOURCE-
    (May 27, 1908, ch. 200, 35 Stat. 350.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, means act June 17,
    1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 380                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 380. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, act July 1, 1918, ch. 113, 40 Stat. 675, authorized
    purchases and procurement of services without advertising and
    formal contract. See sections 5 and 252 of Title 41, Public
    Contracts.

-End-

-CITE-
    43 USC Secs. 380a, 380b                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 380a, 380b. Omitted

-COD-
                               CODIFICATION                           
      Section 380a, acts Aug. 4, 1939, ch. 418, Sec. 13, 53 Stat. 1197;
    Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111, authorized purchases
    by Bureau of Reclamation without compliance with former section 16
    of Title 41, Public Contracts.
      Section 380b, act July 9, 1952, ch. 597, title I, 66 Stat. 453,
    which authorized transfer of surplus aircraft parts and equipment
    to Bureau of Reclamation was from the Interior Department
    Appropriation Act, 1953, and was not repeated in subsequent
    appropriation acts.
      A prior section 380b, act Aug. 31, 1951, ch. 375, title I, 65
    Stat. 257, contained provisions similar to section 380b.

-End-

-CITE-
    43 USC Sec. 381                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 381. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 639

-MISC1-
      Section, acts June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389; Oct.
    28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43
    Stat. 1145, provided for commissions of registers and receivers of
    land offices.

-End-

-CITE-
    43 USC Sec. 382                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 382. Repealed. Pub. L. 87-304, Sec. 9(a)(3), Sept. 26, 1961,
      75 Stat. 664

-MISC1-
      Section, act May 27, 1908, ch. 200, 35 Stat. 350, related to
    assignment of pay by employees of Bureau of Reclamation. See
    section 5525 of Title 5, Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 383                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 383. Vested rights and State laws unaffected

-STATUTE-
      Nothing in this Act shall be construed as affecting or intended
    to affect or to in any way interfere with the laws of any State or
    Territory relating to the control, appropriation, use, or
    distribution of water used in irrigation, or any vested right
    acquired thereunder, and the Secretary of the Interior, in carrying
    out the provisions of this Act, shall proceed in conformity with
    such laws, and nothing herein shall in any way affect any right of
    any State or of the Federal Government or of any landowner,
    appropriator, or user of water in, to, or from any interstate
    stream or the waters thereof.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 8, 32 Stat. 390.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 17, 1902, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 8 (less proviso) of act June 17,
    1902. The remainder of section 8 is classified to section 372 of
    this title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 384                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 384. Extension of time for payment of charges accrued prior to
      March 2, 1924, and January 1, 1925

-STATUTE-
      (a) The Secretary of the Interior is authorized and empowered, in
    his discretion, to defer the dates of payments of any charges,
    rentals, and penalties which have accrued prior to the 2d day of
    March, 1924, under the Act of June 17, 1902 (32 Stat. 388), and
    amendatory and supplemental acts or prior to that date, as against
    water users on any irrigation project being constructed or operated
    and maintained under the direction of the Commissioner of Indian
    Affairs, as may, in his judgment, be necessary in or concerning any
    irrigation project existing on May 9, 1924, under said act:
    Provided, That no payment shall be deferred under this section in
    any particular case beyond March 1, 1927: Provided, That upon such
    adjustment being made, any penalties or interest which may have
    accrued in connection with such unpaid construction and operation
    and maintenance charges shall be canceled, and in lieu thereof the
    amount so due, and the payment of which is hereby extended, shall
    draw interest at the rate of 5 per centum per annum, paid annually
    from the time said amount became due to date of payment: And
    provided further, That in case the principal and interest herein
    provided for are not paid in the manner and at the time provided by
    this section, any penalty provided by the law in effect on May 9,
    1924, shall thereupon attach from the date of such default.
      (b) Where an individual water user, or individual applicant for a
    water right under a Federal irrigation project constructed or being
    constructed under the Act of June 17, 1902 (32 Stat. 388), or any
    act amendatory thereof or supplementary thereto, makes application
    prior to January 1, 1925, alleging that he will be unable to make
    the payments as required in subsection (a) of this section, the
    Secretary of the Interior is authorized in his discretion prior to
    March 1, 1925, to add such accrued and unpaid charges to the
    construction charge of the land of such water user or applicant,
    and to distribute such accumulated charges equally over each of the
    subsequent years, beginning with the year 1925, or, in the
    discretion of the Secretary, distribute a total of one-fourth over
    the first half of the remaining years of the 20-year period
    beginning with the year 1925, and three-fourths over the second
    half of such period, so as to complete the payment during the
    remaining years of the 20-year period of payment of the original
    construction charge: Provided, That upon such adjustment being
    made, any penalties or interest which may have accrued in
    connection with such unpaid construction and operation and
    maintenance charges shall be canceled, and in lieu thereof the
    amount so due, and the payment of which is extended, shall draw
    interest at the rate of 5 per centum per annum, paid annually from
    the time said amount became due to the date of payment: Provided
    further, That the applicant for the extension shall first show to
    the satisfaction of the Secretary of the Interior detailed
    statement of his assets and liabilities and probable inability to
    make payment at the time required in subsection (a) of this
    section: And provided further, That in case the principal and
    interest herein provided for are not paid in the manner and at the
    time provided by this section, any penalty provided by law, prior
    to May 9, 1924, shall thereupon attach from the date of such
    default: And provided further, That similar relief in whole or in
    part may be extended by the Secretary of the Interior to a legally
    organized group of water users of a project, upon presentation of a
    sufficient number of individual showings made in accordance with
    the foregoing proviso to satisfy the Secretary of the Interior that
    such extension is necessary.

-SOURCE-
    (May 9, 1924, ch. 150, Secs. 1, 2, 43 Stat. 116.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 385                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 385. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 649

-MISC1-
      Section, act Aug. 9, 1937, ch. 570, Sec. 1, 50 Stat. 592, related
    to contracts for medical attention and service for employees.
      Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647 to 649,
    also repealed acts Jan. 12, 1927, ch. 27, 44 Stat. 957; Mar. 7,
    1928, ch. 137, 45 Stat. 227; Mar. 4, 1929, ch. 705, Sec. 1, 45
    Stat. 1589; May 14, 1930, ch. 273, Sec. 1, 46 Stat. 306; Feb. 14,
    1931, ch. 187, Sec. 1, 46 Stat. 1142; Apr. 22, 1932, ch. 125, Sec.
    1, 47 Stat. 114; Feb. 17, 1933, ch. 98, Sec. 1, 47 Stat. 842; Mar.
    2, 1934, ch. 38, Sec. 1, 48 Stat. 380; May 9, 1935, ch. 101, Sec.
    1, 49 Stat. 197, and June 22, 1936, ch. 691, Sec. 1, 49 Stat. 1781,
    which contained similar provisions.

-End-

-CITE-
    43 USC Sec. 385a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 385a. Payments to school districts for education of dependents
      of construction personnel; cooperative arrangements; chargeable
      to project

-STATUTE-
      The Secretary of the Interior, giving due consideration to the
    temporary nature of the requirements therefor, is authorized to
    make such provision as he deems to be necessary and in the public
    interest for the education of dependents of persons employed on the
    actual construction of projects or features of projects, by the
    Bureau of Reclamation, in any cases in which he finds that by
    reason of such construction activity, an undue burden is, or will
    be cast upon the facilities of the public-school districts serving
    the areas in which construction is being undertaken, and to pay for
    the same from any funds available for the construction of said
    projects: Provided, That the Secretary of the Interior shall enter
    into cooperative arrangements with local school districts wherein
    such features are situated to contribute toward covering the cost
    of furnishing the educational services required for such
    dependents, or for the operation by those school districts of
    Government facilities, or for the expansion of local school
    facilities. Such cost incurred hereunder shall be charged to the
    project concerned and shall be repayable in the same manner and to
    the same extent as are its other costs of construction.

-SOURCE-
    (June 29, 1948, ch. 733, Sec. 1, 62 Stat. 1108.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 385b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 385b. Repealed. Pub. L. 86-533, Sec. 1(18), June 29, 1960, 74
      Stat. 248

-MISC1-
      Section, act June 29, 1948, ch. 733, Sec. 2, 62 Stat. 1108,
    related to reports to Congress of all activities undertaken
    pursuant to provisions of section 385a of this title.

-End-

-CITE-
    43 USC Sec. 385c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 385c. Omitted

-COD-
                               CODIFICATION                           
      Section, which related to tuition charge per pupil, was from the
    Interior Department Appropriation Act, 1949, act June 29, 1948, ch.
    754, 62 Stat. 1125, and was not repeated in subsequent
    appropriation acts.

-End-

-CITE-
    43 USC Sec. 386                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 386. Application of excess-land provisions of reclamation laws
      to certain lands

-STATUTE-
      The excess-land provisions of the Federal reclamation laws shall
    not be applicable to lands which on June 16, 1938, had an
    irrigation water supply from sources other than a Federal
    reclamation project and which will receive a supplemental supply
    from the Colorado-Big Thompson project.

-SOURCE-
    (June 16, 1938, ch. 485, 52 Stat. 764.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 387                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 387. Removal of sand, gravel, etc.; leases, easements, etc.

-STATUTE-
      The Secretary, in his discretion, may (a) permit the removal,
    from lands or interests in lands withdrawn or acquired and being
    administered under the Federal reclamation laws in connection with
    the construction or operation and maintenance of any project, of
    sand, gravel, and other minerals and building materials with or
    without competitive bidding: Provided, That removals may be
    permitted without charge if for use by a public agency in the
    construction of public roads or streets within any project or in
    its immediate vicinity; and (b) grant leases and licenses for
    periods not to exceed fifty years, and easements or rights-of-way
    with or without limitation as to period of time affecting lands or
    interest in lands withdrawn or acquired and being administered
    under the Federal reclamation laws in connection with the
    construction or operation and maintenance of any project: Provided,
    That, if a water users' organization is under contract obligation
    for repayment on account of the project or division involved,
    easements or rights-of-way for periods in excess of twenty-five
    years shall be granted only upon prior written approval of the
    governing board of such organization. Such permits or grants shall
    be made only when, in the judgment of the Secretary, their exercise
    will not be incompatible with the purposes for which the lands or
    interests in lands are being administered, and shall be on such
    terms and conditions as in his judgment will adequately protect the
    interests of the United States and the project for which said lands
    or interests in lands are being administered.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 10, 53 Stat. 1196; Aug. 18, 1950, ch.
    752, 64 Stat. 463.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, are defined in
    section 485a of this title.

-MISC1-
                                AMENDMENTS                            
      1950 - Act Aug. 18, 1950, permitted Secretary to grant permanent
    easements or rights-of-way provided that no easement or right-of-
    way in excess of 25 years be granted unless there has been prior
    written approval by the governing board of that water users'
    organization as may be under contract obligation for repayment on
    account of the project involved.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 485a of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 388                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 388. Contracts for materials; liability of United States

-STATUTE-
      When appropriations have been made for the commencement or
    continuation of construction or operation and maintenance of any
    project, the Secretary may, in connection with such construction or
    operation and maintenance, enter into contracts for miscellaneous
    services, for materials and supplies, as well as for construction,
    which may cover such periods of time as the Secretary may consider
    necessary but in which the liability of the United States shall be
    contingent upon appropriations being made therefor.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 12, 53 Stat. 1197.)

-CROSS-
                                DEFINITIONS                            
      The definitions in section 485a of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 389                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 389. Relocation of highways, railroads, transmission lines,
      etc., exchange of water, water rights or electric energy

-STATUTE-
      The Secretary is authorized, in connection with the construction
    or operation and maintenance of any project, (a) to purchase or
    condemn suitable lands or interests in lands for relocation of
    highways, roadways, railroads, telegraph, telephone, or electric
    transmission lines, or any other properties whatsoever, the
    relocation of which in the judgment of the Secretary is
    necessitated by said construction or operation and maintenance, and
    to perform any or all work involved in said relocations on said
    lands or interests in lands, other lands or interests in lands
    owned and held by the United States in connection with the
    construction or operation and maintenance of said project, or
    properties not owned by the United States; (b) to enter into
    contracts with the owners of said properties whereby they undertake
    to acquire any or all property needed for said relocation, or to
    perform any or all work involved in said relocations; and (c) for
    the purpose of effecting completely said relocations, to convey or
    exchange Government properties acquired or improved under (a)
    above, with or without improvements, or other properties owned and
    held by the United States in connection with the construction or
    operation and maintenance of said project, or to grant perpetual
    easements therein or thereover. Grants or conveyances hereunder
    shall be by instruments executed by the Secretary without regard to
    provisions of law governing the patenting of public lands.
      The Secretary is further authorized, for the purpose of orderly
    and economical construction or operation and maintenance of any
    project, to enter into such contracts for exchange or replacement
    of water, water rights, or electric energy or for the adjustment of
    water rights, as in his judgment are necessary and in the interests
    of the United States and the project.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 14, 53 Stat. 1197.)

-CROSS-
                                DEFINITIONS                            
      The definitions in section 485a of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 390                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390. Utilization of dams and reservoir projects for irrigation
      purposes; additional construction; necessity of authorization;
      apportionment of cost; limitation

-STATUTE-
      On and after December 22, 1944, whenever the Secretary of the
    Army determines, upon recommendation by the Secretary of the
    Interior that any dam and reservoir project operated under the
    direction of the Secretary of the Army may be utilized for
    irrigation purposes, the Secretary of the Interior is authorized to
    construct, operate, and maintain, under the provisions of the
    Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and
    Acts amendatory thereof or supplementary thereto), such additional
    works in connection therewith as he may deem necessary for
    irrigation purposes. Such irrigation works may be undertaken only
    after a report and findings thereon have been made by the Secretary
    of the Interior as provided in said Federal reclamation laws and
    after subsequent specific authorization of the Congress by an
    authorization Act; and, within the limits of the water users'
    repayment ability such report may be predicated on the allocation
    to irrigation of an appropriate portion of the cost of structures
    and facilities used for irrigation and other purposes. Dams and
    reservoirs operated under the direction of the Secretary of the
    Army may be utilized after December 22, 1944, for irrigation
    purposes only in conformity with the provisions of this section,
    but the foregoing requirement shall not prejudice lawful uses now
    existing: Provided, That this section shall not apply to any dam or
    reservoir heretofore constructed in whole or in part by the Army
    engineers, which provides conservation storage of water for
    irrigation purposes. In the case of any reservoir project
    constructed and operated by the Corps of Engineers, the Secretary
    of the Army is authorized to allocate water which was allocated in
    the project purpose for municipal and industrial water supply and
    which is not under contract for delivery, for such periods as he
    may deem reasonable, for the interim use for irrigation purposes of
    such storage until such storage is required for municipal and
    industrial water supply. No contracts for the interim use of such
    storage shall be entered into which would significantly affect then-
    existing uses of such storage.

-SOURCE-
    (Dec. 22, 1944, ch. 665, Sec. 8, 58 Stat. 891; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX,
    Sec. 931, Nov. 17, 1986, 100 Stat. 4196.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-662 inserted at end "In the case of any
    reservoir project constructed and operated by the Corps of
    Engineers, the Secretary of the Army is authorized to allocate
    water which was allocated in the project purpose for municipal and
    industrial water supply and which is not under contract for
    delivery, for such periods as he may deem reasonable, for the
    interim use for irrigation purposes of such storage until such
    storage is required for municipal and industrial water supply. No
    contracts for the interim use of such storage shall be entered into
    which would significantly affect then-existing uses of such
    storage."

-CHANGE-
                              CHANGE OF NAME                          
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted "Title 10, Armed Forces" which in sections 3010 to 3013
    continued Department of the Army under administrative supervision
    of Secretary of the Army.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain real property and functions relating to
    real property, insofar as they pertain to Air Force, from Secretary
    of the Army and Department of the Army to Secretary of the Air
    Force and Department of the Air Force, see Secretary of Defense
    Transfer Order Nos. 14, eff. July 1, 1948, and 40 [App. B(133)],
    July 22, 1949.

-MISC2-
                    EXTENSION OF VARIABLE PAYMENT PLAN                
      Authority of Secretary to extend benefits of variable payment
    plan to organizations with which he contracts or has contracted for
    the repayment of construction costs allocated to irrigation on any
    project undertaken by the United States, including contracts for
    the storage of water or for the use of stored water under this
    section, see section 2 of Pub. L. 85-611, Aug. 8, 1958, 72 Stat.
    542, set out as a note under section 485h of this title.

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 390a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390a. Repealed. Pub. L. 105-362, title IX, Sec. 901(e)(2),
      Nov. 10, 1998, 112 Stat. 3289

-MISC1-
      Section, acts July 31, 1953, ch. 298, title I, 67 Stat. 266; Pub.
    L. 99-294, Sec. 10, May 12, 1986, 100 Stat. 426, related to
    conditions precedent for construction of dams, reservoir, or water
    supply.
      Provisions similar to those in this section were contained in act
    July 9, 1952, ch. 597, title I, 66 Stat. 451, prior to repeal by
    Pub. L. 105-362, title IX, Sec. 901(e)(1), Nov. 10, 1998, 112 Stat.
    3289.

-End-

-CITE-
    43 USC Sec. 390b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390b. Development of water supplies for domestic, municipal,
      industrial, and other purposes

-STATUTE-
    (a) Declaration of policy
      It is declared to be the policy of the Congress to recognize the
    primary responsibilities of the States and local interests in
    developing water supplies for domestic, municipal, industrial, and
    other purposes and that the Federal Government should participate
    and cooperate with States and local interests in developing such
    water supplies in connection with the construction, maintenance,
    and operation of Federal navigation, flood control, irrigation, or
    multiple purpose projects.
    (b) Storage in reservoir projects; agreements for payment of cost
      of construction or modification of projects
      In carrying out the policy set forth in this section, it is
    provided that storage may be included in any reservoir project
    surveyed, planned, constructed or to be planned, surveyed and/or
    constructed by the Corps of Engineers or the Bureau of Reclamation
    to impound water for present or anticipated future demand or need
    for municipal or industrial water, and the reasonable value thereof
    may be taken into account in estimating the economic value of the
    entire project: Provided, That the cost of any construction or
    modification authorized under the provisions of this section shall
    be determined on the basis that all authorized purposes served by
    the project shall share equitably in the benefits of multiple
    purpose construction, as determined by the Secretary of the Army or
    the Secretary of the Interior, as the case may be: Provided
    further, That before construction or modification of any project
    including water supply provisions for present demand is initiated,
    State or local interests shall agree to pay for the cost of such
    provisions in accordance with the provisions of this section: And
    provided further, That (1) for Corps of Engineers projects, not to
    exceed 30 percent of the total estimated cost of any project may be
    allocated to anticipated future demands, and, (2) for Bureau of
    Reclamation projects, not to exceed 30 per centum of the total
    estimated cost of any project may be allocated to anticipated
    future demands where State or local interests give reasonable
    assurances, and there is reasonable evidence, that such demands for
    the use of such storage will be made within a period of time which
    will permit paying out the costs allocated to water supply within
    the life of the project: And provided further, That for Corps of
    Engineers projects, the Secretary of the Army may permit the full
    non-Federal contribution to be made, without interest, during
    construction of the project, or, with interest, over a period of
    not more than thirty years from the date of completion, with
    repayment contracts providing for recalculation of the interest
    rate at, five-year intervals, and for Bureau of Reclamation
    projects, the entire amount of the construction costs, including
    interest during construction, allocated to water supply shall be
    repaid within the life of the project but in no event to exceed
    fifty years after the project is first used for the storage of
    water for water supply purposes, except that (1) no payment need be
    made with respect to storage for future water supply until such
    supply is first used, and (2) no interest shall be charged on such
    cost until such supply is first used, but in no case shall the
    interest-free period exceed ten years. For Corps of Engineers
    projects, all annual operation, maintenance, and replacement costs
    for municipal and industrial water supply storage under the
    provisions of this section shall be reimbursed from State or local
    interests on an annual basis. For Corps of Engineers projects, any
    repayment by a State or local interest shall be made with interest
    at a rate to be determined by the Secretary of the Treasury, taking
    into consideration the average market yields on outstanding
    marketable obligations of the United States with remaining periods
    to maturity comparable to the reimbursement period, during the
    month preceding the fiscal year in which costs for the construction
    of the project are first incurred (or, when a recalculation is
    made), plus a premium of one-eighth of one percentage point for
    transaction costs. For Bureau of Reclamation projects, the interest
    rate used for purposes of computing interest during construction
    and interest on the unpaid balance shall be determined by the
    Secretary of the Treasury, as of the beginning of the fiscal year
    in which construction is initiated, on the basis of the computed
    average interest rate payable by the Treasury upon its outstanding
    marketable public obligations, which are neither due nor callable
    for redemption for fifteen years from date of issue. The provisions
    of this subsection insofar as they relate to the Bureau of
    Reclamation and the Secretary of the Interior shall be alternative
    to and not a substitute for the provisions of the Reclamation
    Projects Act of 1939 (53 Stat. 1187) [43 U.S.C. 485 et seq.]
    relating to the same subject.
    (c) Application to other laws
      The provisions of this section shall not be construed to modify
    the provisions of section 701-1 of title 33 and section 390 of this
    title, as amended and extended, or the provisions of sections 372
    and 383 of this title.
    (d) Approval of Congress of modifications of reservoir projects
      Modifications of a reservoir project heretofore authorized,
    surveyed, planned, or constructed to include storage as provided in
    subsection (b) of this section which would seriously affect the
    purposes for which the project was authorized, surveyed, planned,
    or constructed, or which would involve major structural or
    operational changes shall be made only upon the approval of
    Congress as now provided by law.

-SOURCE-
    (Pub. L. 85-500, title III, Sec. 301, July 3, 1958, 72 Stat. 319;
    Pub. L. 87-88, Sec. 10, July 20, 1961, 75 Stat. 210; Pub. L. 99-
    662, title IX, Sec. 932(a), Nov. 17, 1986, 100 Stat. 4196.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reclamation Projects Act of 1939, referred to in subsec. (b),
    is act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which is
    classified principally to subchapter X (Sec. 485 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 485k of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b). Pub. L. 99-662 inserted in third proviso "(1)
    for Corps of Engineers projects, not to exceed 30 percent of the
    total estimated cost of any project may be allocated to anticipated
    future demands, and, (2) for Bureau of Reclamation projects,",
    inserted in fourth proviso "for Corps of Engineers projects, the
    Secretary of the Army may permit the full non-Federal contribution
    to be made, without interest, during construction of the project,
    or, with interest, over a period of not more than thirty years from
    the date of completion, with repayment contracts providing for
    recalculation of the interest rate at, five-year intervals, and for
    Bureau of Reclamation projects,", inserted after first sentence
    "For Corps of Engineers projects, all annual operation,
    maintenance, and replacement costs for municipal and industrial
    water supply storage under the provisions of this section shall be
    reimbursed from State or local interests on an annual basis. For
    Corps of Engineers projects, any repayment by a State or local
    interest shall be made with interest at a rate to be determined by
    the Secretary of the Treasury, taking into consideration the
    average market yields on outstanding marketable obligations of the
    United States with remaining periods to maturity comparable to the
    reimbursement period, during the month preceding the fiscal year in
    which costs for the construction of the project are first incurred
    (or, when a recalculation is made), plus a premium of one-eighth of
    one percentage point for transaction costs.", and substituted "For
    Bureau of Reclamation projects, the interest rate used" for "The
    interest rate used".
      1961 - Subsec. (b). Pub. L. 87-88 substituted provisions
    permitting not more than 30 per centum of the total estimated cost
    of any project to be allocated to anticipated future demands where
    State or local interests give reasonable assurances, and there is
    reasonable evidence, that such demands for the use of such storage
    will be made within a period of time which will permit paying out
    the costs allocated to water supply within the life of the project
    for provisions which permitted not more than 30 per centum of the
    total estimated cost of any project to be allocated to anticipated
    future demands where States or local interests give reasonable
    assurance that they will contract for the use of storage for
    anticipated future demands within a period of time which will
    permit paying out the costs allocated to water supply within the
    life of the project.

                       SHORT TITLE OF 1961 AMENDMENT                   
      Section 11 of Pub. L. 87-88 provided that: "This Act [amending
    this section, and sections 1151, 1153 to 1155, 1157 to 1160, 1171
    to 1173 of Title 33, Navigation and Navigable Waters, and enacting
    provisions set out as notes under sections 1151, 1157, and 1159 of
    Title 33] may be cited as the 'Federal Water Pollution Control Act
    Amendments of 1961'."

                                SHORT TITLE                            
      Section 302 of Pub. L. 85-500 provided that: "Title III of this
    Act [enacting this section] may be cited as the 'Water Supply Act
    of 1958'."

        AMENDMENT OF CONTRACTS EXISTING PRIOR TO NOVEMBER 17, 1986    
      Section 932(b) of Pub. L. 99-662 provided that: "Nothing in this
    section [amending this section] shall be deemed to amend or require
    amendment of any valid contract entered into pursuant to the Water
    Supply Act of 1958 [this section], or Federal reclamation law [see
    43 U.S.C. 371 and notes] and approved by the Secretary of the Army
    or the Secretary of the Interior prior to the date of enactment of
    this Act [Nov. 17, 1986]."

-End-

-CITE-
    43 USC Sec. 390c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390c. Water reservoirs; interests of States and local agencies
      in storage space

-STATUTE-
      Cognizant that many States and local interests have in the past
    contributed to the Government, or have contracted to pay to the
    Government over a specified period of years, money equivalent to
    the cost of providing for them water storage space at Government-
    owned dams and reservoirs, constructed by the Corps of Engineers
    of the United States Army, and that such practices will continue,
    and, that no law defines the duration of their interest in such
    storage space, and realizing that such States and local interests
    assume the obligation of paying substantially their portion of the
    cost of providing such facilities, their right to use may be
    continued during the existence of the facility as hereinafter
    provided.

-SOURCE-
    (Pub. L. 88-140, Sec. 1, Oct. 16, 1963, 77 Stat. 249.)

-End-

-CITE-
    43 USC Sec. 390d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390d. Dams and reservoirs wherein costs thereof, or rights
      thereto, have been acquired by local interests

-STATUTE-
      Sections 390c to 390f of this title are applicable to all dams
    and reservoirs heretofore or hereafter constructed by the United
    States Government (acting through the Corps of Engineers of the
    United States Army) wherein either a part of the construction cost
    thereof shall have been contributed or may be contributed by States
    or local interests (hereinafter called "local interests") or local
    interests have acquired or may acquire rights to utilize certain
    storage space thereof by making payments during the period of such
    use as specified in the agreement with the Government and wherein
    the amount of money paid, exclusive of interest, is equivalent to
    the cost of providing that part of such dam and reservoir which is
    allocated to such use, whether such share of cost shall have been
    determined by the "incremental cost" method or by the "separable
    costs-remaining benefits" method or by any other method. Included
    among the dams and reservoirs affected by sections 390c to 390f of
    this title are those constructed by the Corps of Engineers of the
    Department of the Army, but nothing in sections 390c to 390f of
    this title shall be construed to affect or modify section 390 of
    this title.

-SOURCE-
    (Pub. L. 88-140, Sec. 2, Oct. 16, 1963, 77 Stat. 249.)

-End-

-CITE-
    43 USC Sec. 390e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390e. Rights, acquisition and availability of; obligation for
      operation and maintenance; costs for reconstruction,
      rehabilitation, or replacement; use during Government operation
      or by contract

-STATUTE-
      The right thus acquired by any such local interest is declared to
    be available to the local interest so long as the space designated
    for that purpose may be physically available, taking into account
    such equitable reallocation of reservoir storage capacities among
    the purposes served by the project as may be necessary due to
    sedimentation, and not limited to the term of years which may be
    prescribed in any lease agreement or other agreement with the
    Government, but the enjoyment of such right will remain subject to
    performance of its obligations prescribed in such lease agreement
    or agreement executed in reference thereto. Such obligations will
    include continued payment of annual operation and maintenance costs
    allocated to water supply. In addition, local interests shall bear
    the costs allocated to the water supply of any necessary
    reconstruction, rehabilitation, or replacement of project features
    which may be required to continue satisfactory operation of the
    project. Any affected local interest may utilize such facility so
    long as it is operated by the Government. In the event that the
    Government concludes that it can no longer usefully and
    economically maintain and operate such facility, the responsible
    department or agency of the Government is authorized to negotiate a
    contract with the affected local interest under which the local
    interest may continue to operate such part of the facility as is
    necessary for utilization of the storage space allocated to it,
    under terms which will protect the public interest and provided
    that the Government is effectively absolved from all liability in
    connection with such operation.

-SOURCE-
    (Pub. L. 88-140, Sec. 3, Oct. 16, 1963, 77 Stat. 249.)

-End-

-CITE-
    43 USC Sec. 390f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390f. Revision of leases or agreements to evidence conversion
      of rights to use of storage rights

-STATUTE-
      Upon application of any affected local interest its existing
    lease or agreement with the Government will be revised to evidence
    the conversion of its rights to the use of the storage as
    prescribed in sections 390c to 390f of this title.

-SOURCE-
    (Pub. L. 88-140, Sec. 4, Oct. 16, 1963, 77 Stat. 250.)

-End-

-CITE-
    43 USC Sec. 390g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g. Groundwater recharge of aquifers; demonstration program

-STATUTE-
      The Secretary of the Interior (hereinafter referred to as the
    "Secretary"), acting through the Bureau of Reclamation (hereinafter
    referred to as the "Bureau"), shall, in two phases, conduct an
    investigation of and establish demonstration projects for
    groundwater recharge of aquifers in the States of Colorado, Kansas,
    Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming
    (such States to be hereinafter referred to as the "High Plains
    States") and in the other States referred to in section 391 of this
    title (hereinafter referred to as "other Reclamation Act States"),
    as provided by sections 390g to 390g-8 of this title: Provided,
    That funds made available pursuant to sections 390g to 390g-8 of
    this title shall not be used for the study or construction of
    groundwater recharge demonstration projects in the High Plains
    States and other Reclamation Act States which would utilize water
    originating in the drainage basin of the Great Lakes. The Bureau
    shall consult with the United States Geological Survey and other
    appropriate agencies and departments of the United States and of
    the High Plains States and other Reclamation Act States in order to
    carry out sections 390g to 390g-8 of this title.

-SOURCE-
    (Pub. L. 98-434, Sec. 2, Sept. 28, 1984, 98 Stat. 1675.)

-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 98-434 provided: "That this Act [enacting
    sections 390g to 390g-8 of this title] may be cited as the 'High
    Plains States Groundwater Demonstration Program Act of 1983'."

-End-

-CITE-
    43 USC Sec. 390g-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-1. Phase I of groundwater recharge demonstration program

-STATUTE-
    (a) Development of detailed plan of demonstration projects;
      requisite features of plan
      During phase I, the Bureau, in consultation with the High Plains
    States and other Reclamation Act States and other appropriate
    departments and agencies of the United States, including the United
    States Geological Survey, shall develop a detailed plan of
    demonstration projects the purpose of which is to determine whether
    various recharge technologies may be applied to diverse geologic
    and hydrologic conditions represented in the High Plains States and
    other Reclamation Act States. In the preparation and development of
    such plan, the Bureau shall make maximum use of data, planning
    studies and other technical resources and assistance available from
    State and local entities: Provided, That contributions of such
    technical resources and assistance may be counted as part of the
    inkind services or other State contribution, but shall otherwise be
    provided without compensation to the State or local entity. This
    plan shall contain the selection of not less than a total of twelve
    demonstration project sites in High Plains States and not less than
    a total of nine demonstration project sites in other Reclamation
    Act States. Demonstration project sites shall be confined to areas
    having a declining water table, an available surface water supply,
    and a high probability of physical, chemical, and economic
    feasibility for recharge of the groundwater reservoir. The plan
    shall provide for demonstration of the application of recharge
    technology and the selection of water sources, determination of
    necessary physical works and the operation of water replacement
    systems, formulation of a monitoring program, identification of any
    economic, legal, intergovernmental, and environmental issues and
    projection of planning problems associated with such systems, and
    recommendation of legislative and administrative actions as may be
    necessary to carry out phase II.
    (b) Recommendation of demonstration projects
      During phase I the Bureau is authorized and directed to recommend
    demonstration projects to be designed, constructed, and operated
    during phase II.
    (c) Preliminary selection of projects
      Within six months, after the enactment of an appropriation Act to
    carry out phase I, the Secretary shall make a preliminary selection
    of projects to receive further planning and development and shall
    initiate such further planning and development for those selected
    projects.

-SOURCE-
    (Pub. L. 98-434, Sec. 3, Sept. 28, 1984, 98 Stat. 1675; Pub. L. 104-
    66, title I, Sec. 1081(c), Dec. 21, 1995, 109 Stat. 721.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which
    read as follows: "Within twenty-four months after the date of
    enactment of an appropriation Act to carry out phase I, the
    Secretary shall transmit a report to Congress containing the
    recommendations made pursuant to subsection (b) of this section and
    a detailed statement of his findings and conclusions."

-End-

-CITE-
    43 USC Sec. 390g-2                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-2. Phase II of groundwater recharge demonstration program

-STATUTE-
    (a) Design, construction, and operation of projects
      During phase II, and subject to State water laws and interstate
    water compacts, the Bureau is authorized and directed to design,
    construct, and operate demonstration projects in the High Plains
    States and other Reclamation Act States to recharge groundwater
    systems as recommended in the report referred to in subsection (c)
    of this section.
    (b) Alternative means of cost allocation; economic feasibility of
      projects
      During phase II the Secretary, acting through the Bureau, shall
    contract with the various High Plains States and other Reclamation
    Act States to conduct a study to identify and evaluate alternative
    means by which the costs of groundwater recharge projects could be
    allocated among the beneficiaries of the projects within the
    respective States and identify and evaluate the economic
    feasibility of and the legal authority for utilizing groundwater
    recharge in water resource development projects.
    (c) Reports to Congress
      (1) Within twelve months after the initiation of phase II, and at
    annual intervals thereafter, the Secretary shall submit interim
    reports to Congress. Each report shall contain a detailed statement
    of his findings and progress respecting the design, construction,
    and operation of the demonstration projects referred to in
    subsection (a) of this section and the study referred to in
    subsection (b) of this section.
      (2) Within five years after the initiation of phase II, the
    Secretary shall submit a summary report to Congress. The summary
    report shall contain - 
        (A) a detailed evaluation of the demonstration projects
      referred to in subsection (a) of this section;
        (B) the results of the studies referred to in subsection (b) of
      this section;
        (C) specific recommendations regarding the location, scope, and
      feasibility of operational groundwater recharge projects to be
      constructed and maintained by the Bureau; and
        (D) an evaluation of the feasibility of integrating these
      groundwater recharge projects into existing reclamation projects.

      (3) In addition to recommendations made under section 390g-1 of
    this title, the Secretary shall make additional recommendations for
    design, construction, and operation of demonstration projects. Such
    projects are authorized to be designed, constructed, and operated
    in accordance with subsection (a) of this section.
      (4) Each project under this section shall terminate five years
    after the date on which construction on the project is completed.
      (5) At the conclusion of phase II the Secretary shall submit a
    final report to the Congress which shall include, but not be
    limited to, a detailed evaluation of the projects under this
    section.

-SOURCE-
    (Pub. L. 98-434, Sec. 4, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102-
    575, title XXVI, Sec. 2601(1), (2), Oct. 30, 1992, 106 Stat.
    4689.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (c). Pub. L. 102-575 substituted "summary report"
    for "final report" in two places in introductory provisions of par.
    (2) and added pars. (3) to (5).

-End-

-CITE-
    43 USC Sec. 390g-3                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-3. Evaluation of water quality impacts

-STATUTE-
      The Secretary, acting through the Bureau, and the Administrator
    of the Environmental Protection Agency (hereinafter referred to as
    the "Administrator") shall enter into a memorandum-of-understanding
    to provide for an evaluation of the impacts to surface water and
    groundwater quality resulting from the groundwater recharge
    demonstration projects constructed pursuant to sections 390g to
    390g-8 of this title. The Administrator shall consult with the
    United States Geological Survey and shall make maximum use of data,
    studies, and other technical resources and assistance available
    from State and local entities in conducting the evaluation. The
    evaluation of water quality impacts shall be completed so as to be
    included in the Secretary's summary report to the Congress referred
    to in section 390g-2(c)(2) of this title.

-SOURCE-
    (Pub. L. 98-434, Sec. 5, Sept. 28, 1984, 98 Stat. 1676; Pub. L. 102-
    575, title XXVI, Sec. 2601(1), Oct. 30, 1992, 106 Stat. 4689.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-575 substituted "summary report" for "final
    report".

-End-

-CITE-
    43 USC Sec. 390g-4                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-4. Authorization of appropriations to carry out phase I

-STATUTE-
      There is authorized to be appropriated $500,000 for fiscal years
    beginning after September 30, 1983, to carry out phase I. Amounts
    shall be made available pursuant to the authorization contained in
    this section in a single sum for all demonstration project sites,
    and it shall be within the discretion of the Secretary to apportion
    such sum among such sites.

-SOURCE-
    (Pub. L. 98-434, Sec. 6, Sept. 28, 1984, 98 Stat. 1677.)

-End-

-CITE-
    43 USC Sec. 390g-5                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-5. Authorization of appropriations to carry out phase II

-STATUTE-
      There is authorized to be appropriated for fiscal years beginning
    after September 30, 1983, $31,000,000 (October 1990 price levels)
    plus or minus such amounts, if any, as may be required by reason of
    ordinary fluctuations in construction costs as indicated by
    engineering cost indexes applicable to the type of construction
    involved herein to carry out phase II. Amounts shall be made
    available pursuant to the authorization contained in this section
    in sums for individual projects based on findings of feasibility by
    the Secretary.

-SOURCE-
    (Pub. L. 98-434, Sec. 7, Sept. 28, 1984, 98 Stat. 1677; Pub. L. 102-
    575, title XXVI, Sec. 2601(3), Oct. 30, 1992, 106 Stat. 4689.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-575 substituted "$31,000,000 (October 1990
    price levels) plus or minus such amounts, if any, as may be
    required by reason of ordinary fluctuations in construction costs
    as indicated by engineering cost indexes applicable to the type of
    construction involved herein" for "$20,000,000 (October 1983 price
    levels)".

-End-

-CITE-
    43 USC Sec. 390g-6                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-6. Matching basis for funding phase II from non-Federal
      sources

-STATUTE-
      The funds authorized to be appropriated pursuant to section 390g-
    5 of this title shall match on a four-to-one basis funds made
    available by the States, their political subdivisions, or other non-
    Federal entities to meet the cost of phase II: Provided, That,
    inkind services or other contributions by the States, their
    political subdivisions, or other non-Federal entities shall be
    considered in the determination of the matching non-Federal share.
    The Secretary is authorized to enter into memoranda of agreement
    with any appropriate agencies or departments of the High Plains
    States and other Reclamation Act States to share the costs of phase
    II.

-SOURCE-
    (Pub. L. 98-434, Sec. 8, Sept. 28, 1984, 98 Stat. 1677.)

-End-

-CITE-
    43 USC Sec. 390g-7                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-7. New spending authority

-STATUTE-
      Any new spending authority described in subsection (c)(2)(A) or
    (B) of section 651 (!1) of title 2 which is provided under sections
    390g to 390g-8 of this title (or under any amendment made by
    sections 390g to 390g-8 of this title) shall be effective for any
    fiscal year only to such extent or in such amounts as are provided
    in advance in appropriation Acts.

-SOURCE-
    (Pub. L. 98-434, Sec. 9, Sept. 28, 1984, 98 Stat. 1677.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 651 of title 2, referred to in text, was amended by Pub.
    L. 105-33, title X, Sec. 10116(a)(3), (5), Aug. 5, 1997, 111 Stat.
    691, by striking out subsec. (c) and redesignating former subsec.
    (d) as (c).

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 390g-8                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390g-8. Interstate transfer of water from Arkansas

-STATUTE-
      No funds authorized to be appropriated by sections 390g to 390g-8
    of this title shall be used for any activities associated with:
        (1) the interstate transfer of water from the State of
      Arkansas; or
        (2) the study or demonstration of the potential for the
      interstate transfer of water from the State of Arkansas.

-SOURCE-
    (Pub. L. 98-434, Sec. 10, Sept. 28, 1984, 98 Stat. 1677.)

-End-

-CITE-
    43 USC Sec. 390h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h. Program to investigate reclamation and reuse of
      wastewater and groundwater; general authority

-STATUTE-
    (a) Program established
      The Secretary of the Interior (hereafter "Secretary"), acting
    pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32
    Stat. 388) and Acts amendatory thereof and supplementary thereto
    (hereafter "Federal reclamation laws"), is directed to undertake a
    program to investigate and identify opportunities for reclamation
    and reuse of municipal, industrial, domestic, and agricultural
    wastewater, and naturally impaired ground and surface waters, for
    the design and construction of demonstration and permanent
    facilities to reclaim and reuse wastewater, and to conduct
    research, including desalting, for the reclamation of wastewater
    and naturally impaired ground and surface waters.
    (b) States included
      Such program shall be limited to the States and areas referred to
    in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902,
    32 Stat. 388) [43 U.S.C. 391] as amended, and the State of Hawaii.
    (c) Agreements and regulations
      The Secretary is authorized to enter into such agreements and
    promulgate such regulations as may be necessary to carry out the
    purposes and provisions of sections 390h to 390h-20 of this title.
    (d) San Luis Unit of Central Valley Project, California
      The Secretary shall not investigate, promote or implement,
    pursuant to sections 390h to 390h-20 of this title, any project
    intended to reclaim and reuse agricultural wastewater generated in
    the service area of the San Luis Unit of the Central Valley
    Project, California, except those measures recommended for action
    by the San Joaquin Valley Drainage Program in the report entitled A
    Management Plan for Agricultural Subsurface Drainage and Related
    Problems on the Westside San Joaquin Valley (September 1990).

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1602, Oct. 30, 1992, 106 Stat.
    4664; Pub. L. 106-566, title I, Sec. 104(a), Dec. 23, 2000, 114
    Stat. 2819.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388),
    referred to in subsec. (a), is act June 17, 1902, ch. 1093, 32
    Stat. 388, as amended which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.
      Hereafter, referred to in subsec. (a), means hereafter in title
    XVI of Pub. L. 102-575, Oct. 30, 1992, 106 Stat. 4663, which
    enacted sections 390h to 390h-20 of this title.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (b). Pub. L. 106-566 inserted ", and the State of
    Hawaii" before period at end.

                       SHORT TITLE OF 2005 AMENDMENT                   
      Pub. L. 109-70, Sec. 1, Sept. 21, 2005, 119 Stat. 2009, provided
    that: "This Act [enacting section 390h-20 of this title and
    transferring section 390h-17a of this title to section 390h-19 of
    this title] may be cited as the 'Hawaii Water Resources Act of
    2005'."

                      SHORT TITLE OF 2004 AMENDMENTS                  
      Pub. L. 108-316, Sec. 1(a), Oct. 5, 2004, 118 Stat. 1202,
    provided that: "This section [enacting section 390h-17a of this
    title] may be cited as the 'Williamson County Water Recycling Act
    of 2004'."
      Pub. L. 108-233, Sec. 1, May 28, 2004, 118 Stat. 654, provided
    that: "This Act [enacting section 390h-18 of this title] may be
    cited as the 'Irvine Basin Surface and Groundwater Improvement Act
    of 2004'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-566, title I, Sec. 101, Dec. 23, 2000, 114 Stat.
    2818, provided that: "This title [amending this section] may be
    cited as the 'Hawaii Water Resources Act of 2000'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-321, Sec. 1(a), Oct. 30, 1998, 112 Stat. 3020,
    provided that: "This Act [enacting section 390h-16 of this title,
    amending section 564w-1 of Title 25, Indians, and enacting and
    amending provisions listed in a table of National Wildlife Refuges
    set out under section 668dd of Title 16, Conservation] may be cited
    as the 'Oregon Public Lands Transfer and Protection Act of 1998'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-266, Sec. 1, Oct. 9, 1996, 110 Stat. 3290, provided
    that: "This Act [enacting sections 390h-12a to 390h-12p of this
    title and amending sections 390h-1 to 390h-3, 390h-9, and 390h-13
    to 390h-15 of this title] may be cited as the 'Reclamation
    Recycling and Water Conservation Act of 1996'."

                                SHORT TITLE                            
      Section 1601 of title XVI of Pub. L. 102-575 provided that: "This
    title [enacting sections 390h to 390h-15 of this title] may be
    referred to as the 'Reclamation Wastewater and Groundwater Study
    and Facilities Act'."

-End-

-CITE-
    43 USC Sec. 390h-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-1. Appraisal investigations

-STATUTE-
    (a) Purposes; recommendations
      The Secretary shall undertake appraisal investigations to
    identify opportunities for water reclamation and reuse. Each such
    investigation shall take into account environmental considerations
    as provided by the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.) and regulations issued to implement the
    provisions thereof, and shall include recommendations as to the
    preparation of a feasibility study of the potential reclamation and
    reuse measures.
    (b) Matters to be considered
      Appraisal investigations undertaken by the Secretary or the non-
    Federal project sponsor pursuant to sections 390h to 390h-20 of
    this title shall consider, among other things - 
        (1) all potential uses of reclaimed water, including, but not
      limited to, environmental restoration, fish and wildlife,
      groundwater recharge, municipal, domestic, industrial,
      agricultural, power generation, and recreation;
        (2) the current status of water reclamation technology and
      opportunities for development of improved technologies;
        (3) measures to stimulate demand for and eliminate obstacles to
      use of reclaimed water, including pricing;
        (4) measures to coordinate and streamline local, State and
      Federal permitting procedures required for the implementation of
      reclamation projects; and
        (5) measures to identify basic research needs required to
      expand the uses of reclaimed water in a safe and environmentally
      sound manner.
    (c) Consultation and cooperation
      The Secretary shall consult and cooperate with appropriate State,
    regional, and local authorities during the conduct of each
    appraisal investigation conducted pursuant to sections 390h to 390h-
    20 of this title.
    (d) Nonreimbursable costs
      Costs of such appraisal investigations shall be nonreimbursable.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1603, Oct. 30, 1992, 106 Stat.
    4664; Pub. L. 104-266, Sec. 3, Oct. 9, 1996, 110 Stat. 3295.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-266 inserted "by the Secretary or
    the non-Federal project sponsor" after "undertaken" in introductory
    provisions.

-End-

-CITE-
    43 USC Sec. 390h-2                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-2. Feasibility studies

-STATUTE-
    (a) General authority; Federal and non-Federal cost shares
      The Secretary is authorized to participate with appropriate
    Federal, State, regional, and local authorities in studies to
    determine the feasibility of water reclamation and reuse projects
    recommended for such study pursuant to section 390h-1 of this
    title. The Federal share of the costs of such feasibility studies
    shall not exceed 50 per centum of the total, except that the
    Secretary may increase the Federal share of the costs of such
    feasibility study if the Secretary determines, based upon a
    demonstration of financial hardship on the part of the non-Federal
    participant, that the non-Federal participant is unable to
    contribute at least 50 per centum of the costs of such study. The
    Secretary may accept as part of the non-Federal cost share the
    contribution of such in-kind services by the non-Federal
    participant that the Secretary determines will contribute
    substantially toward the conduct and completion of the study.
    (b) Federal share considered project costs; reimbursement
      The Federal share of feasibility studies, including those
    described in sections 390h-4 and 390h-6 through 390h-8 of this
    title, shall be considered as project costs and shall be reimbursed
    in accordance with the Federal reclamation laws, if the project
    studied is implemented.
    (c) Matters to be considered
      In addition to the requirements of other Federal laws,
    feasibility studies conducted by the Secretary or the non-Federal
    project sponsor under sections 390h to 390h-20 of this title shall
    consider, among other things - 
        (1) near- and long-term water demand and supplies in the study
      area;
        (2) all potential uses for reclaimed water;
        (3) at least two alternative measures or technologies available
      for water reclamation, distribution, and reuse for the project
      under consideration;
        (4) public health and environmental quality issues associated
      with use of reclaimed water;
        (5) whether development of the water reclamation and reuse
      measures under study would - 
          (A) reduce, postpone, or eliminate development of new or
        expanded water supplies,
          (B) reduce or eliminate the use of existing diversions from
        natural watercourses or withdrawals from aquifers, or
          (C) reduce the demand on existing Federal water supply
        facilities;

        (6) the market or dedicated use for reclaimed water in the
      project's service area; and
        (7) the financial capability of the non-Federal project sponsor
      to fund its proportionate share of the project's construction
      costs on an annual basis.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1604, Oct. 30, 1992, 106 Stat.
    4665; Pub. L. 104-266, Sec. 4, Oct. 9, 1996, 110 Stat. 3295.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in subsec. (b), are
    defined in section 390h(a) of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-266, Sec. 4(1), substituted
    "conducted by the Secretary or the non-Federal project sponsor" for
    "authorized" in introductory provisions.
      Subsec. (c)(3). Pub. L. 104-266, Sec. 4(2), substituted "at least
    two alternative measures or technologies available for water
    reclamation, distribution, and reuse for the project under
    consideration" for "measures and technologies available for water
    reclamation, distribution, and reuse".
      Subsec. (c)(5)(C). Pub. L. 104-266, Sec. 4(4), added subpar. (C).
      Subsec. (c)(6), (7). Pub. L. 104-266, Sec. 4(3), (5), added pars.
    (6) and (7).

-End-

-CITE-
    43 USC Sec. 390h-3                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-3. Research and demonstration projects

-STATUTE-
    (a) Reclamation of wastewater and ground and surface waters
      The Secretary is authorized to conduct research and to construct,
    operate, and maintain cooperative demonstration projects for the
    development and demonstration of appropriate treatment technologies
    for the reclamation of municipal, industrial, domestic, and
    agricultural wastewater, and naturally impaired ground and surface
    waters. The Federal share of the costs of demonstration projects
    shall not exceed 50 per centum of the total cost including
    operation and maintenance. Rights to inventions developed pursuant
    to this section shall be governed by the provisions of the
    Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96-
    480) [15 U.S.C. 3701 et seq.] as amended by the Technology
    Transfer Act of 1986 (Public Law 99-502).
    (b) Long Beach Desalination Research and Development Project
      (1) The Secretary, in cooperation with the city of Long Beach,
    the Central Basin Municipal Water District, and the Metropolitan
    Water District of Southern California may participate in the
    design, planning, and construction of the Long Beach Desalination
    Research and Development Project in Los Angeles County, California.
      (2) The Federal share of the cost of the project described in
    paragraph (1) shall not exceed 50 percent of the total.
      (3) The Secretary shall not provide funds for the operation or
    maintenance of the project described in paragraph (1).
    (c) Las Vegas Area Shallow Aquifer Desalination Research and
      Development Project
      (1) The Secretary, in cooperation with the Southern Nevada Water
    Authority, may participate in the design, planning, and
    construction of the Las Vegas Area Shallow Aquifer Desalination
    Research and Development Project in Clark County, Nevada.
      (2) The Federal share of the cost of the project described in
    paragraph (1) shall not exceed 50 percent of the total.
      (3) The Secretary shall not provide funds for the operation or
    maintenance of the project described in paragraph (1).
    (d) Federal contribution
      A Federal contribution in excess of 25 percent for a project
    under this section may not be made until after the Secretary
    determines that the project is not feasible without such Federal
    contribution.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1605, Oct. 30, 1992, 106 Stat.
    4665; Pub. L. 104-266, Sec. 5, Oct. 9, 1996, 110 Stat. 3295.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Stevenson-Wydler Technology Innovation Act of 1980, referred
    to in subsec. (a), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311,
    as amended, which is classified generally to chapter 63 (Sec. 3701
    et seq.) of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3701 of Title 15 and Tables.
      The Technology Transfer Act of 1986, referred to in subsec. (a),
    is Pub. L. 99-502, Oct. 20, 1986, 100 Stat. 1785, known as the
    Federal Technology Transfer Act of 1986. For complete
    classification of this Act to the Code, see Short Title of 1986
    Amendments note set out under section 3701 of Title 15 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-266 designated existing provisions as subsec.
    (a) and added subsecs. (b) to (d).

-End-

-CITE-
    43 USC Sec. 390h-4                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-4. Southern California comprehensive water reclamation
      and reuse study

-STATUTE-
    (a) General authority
      The Secretary is authorized to conduct a study to assess the
    feasibility of a comprehensive water reclamation and reuse system
    for Southern California. For the purpose of sections 390h to 390h-
    20 of this title, the term "Southern California" means those
    portions of the counties of Imperial, Los Angeles, Orange, San
    Bernadino,(!1) Riverside, San Diego, and Ventura within the south
    coast and Colorado River hydrologic regions as defined by the
    California Department of Water Resources.

    (b) Cooperation with State; Federal share
      The Secretary shall conduct the study authorized by this section
    in cooperation with the State of California and appropriate local
    and regional entities. The Federal share of the costs associated
    with this study shall not exceed 50 per centum of the total.
    (c) Report
      The Secretary shall submit the report authorized by this section
    to the Committee on Energy and Natural Resources of the Senate and
    the Committee on Natural Resources of the House of Representatives
    not later than six years after appropriation of funds authorized by
    sections 390h to 390h-20 of this title.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1606, Oct. 30, 1992, 106 Stat.
    4665; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.
    4594.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                           REUSE OF WASTE WATER                       
      Pub. L. 102-580, title II, Sec. 217, Oct. 31, 1992, 106 Stat.
    4833, provided that:
      "(a) In General. - The Secretary is authorized to provide
    assistance to non-Federal interests for carrying out projects
    described in subsection (c) for the beneficial reuse of waste
    water. Such assistance may be in the form of technical and planning
    and design assistance. If the Secretary is to provide any design or
    engineering assistance to carry out a project under this section,
    the Secretary shall obtain by procurement from private sources all
    services necessary for the Secretary to provide such assistance,
    unless the Secretary finds that - 
        "(1) the service would require the use of a new technology
      unavailable in the private sector; or
        "(2) a solicitation or request for proposal has failed to
      attract 2 or more bids or proposals.
      "(b) Non-Federal Share. - The non-Federal share of the cost of
    assistance provided under this section shall not be less than 25
    percent, except that such share shall be subject to the ability of
    the non-Federal interest to pay, including the procedures and
    regulations relating to ability to pay established under section
    103(m) of the Water Resources Development Act of 1986 [33 U.S.C.
    2213(m)].
      "(c) Project Descriptions. - The projects for which the Secretary
    is authorized to provide assistance under subsection (a) are as
    follows:
        "(1) Southern california comprehensive water reuse system. - 
          "(A) Description. - A regional water reuse system for
        Southern California to treat, store, and transfer water in
        order to provide a new increment of water supply for
        agricultural, municipal, industrial, and environmental needs of
        Southern California.
          "(B) Cooperation. - The Secretary shall carry out this
        paragraph in cooperation with the State of California and
        appropriate local and regional entities.
          "(C) Southern california defined. - For purposes of this
        paragraph, the term 'Southern California' means those portions
        of the counties of Imperial, Los Angeles, Orange, San
        Bernardino, Riverside, San Diego, Ventura, Santa Barbara, and
        San Luis Obispo, California, within the south coast, central
        coast, and Colorado River hydrologic regions as defined by the
        California Department of Water Resources.
        "(2) San diego area water reuse demonstration facilities. -
      Water reuse facilities (which are not inconsistent with
      facilities mandated by the United States District Court in San
      Diego, California) to develop advance technology for economically
      and environmentally sound alternative water supplies for the San
      Diego metropolitan area.
        "(3) Santa rosa water reuse projects. - 
          "(A) Description. - Water reuse projects for the city of
        Santa Rosa, California, to treat waste water and store such
        treated water for the purposes of providing new water supplies
        for agriculture, municipal, environmental, and other purposes
        and reducing the use of potable water supplies for purposes
        where treated waste water is a viable substitute.
          "(B) Cooperation. - The Secretary shall carry out this
        paragraph in cooperation with the city of Santa Rosa,
        California, and other appropriate authorities.
        "(4) Monterey county, california. - 
          "(A) Description. - Reduction of salt water intrusion into
        aquifers in the vicinity of Castroville, California, for the
        purposes of improving the water quality of Monterey Bay and
        enhancing long-term water supply in the area.
          "(B) Cooperation. - The Secretary shall carry out this
        paragraph in cooperation with the Monterey Regional Water
        Pollution Control Agency and the Monterey County Water
        Resources Agency.
      "(d) Authorization of Appropriations. - There is authorized to be
    appropriated to carry out this section $5,000,000. Such sums shall
    remain available until expended."

-FOOTNOTE-
    (!1) So in original. Probably should be "San Bernardino,".

-End-

-CITE-
    43 USC Sec. 390h-5                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-5. San Jose area water reclamation and reuse program

-STATUTE-
      (a) The Secretary, in cooperation with the city of San Jose,
    California, and the Santa Clara Valley Water District, and local
    water suppliers, shall participate in the planning, design and
    construction of demonstration and permanent facilities to reclaim
    and reuse water in the San Jose metropolitan service area.
      (b) The Federal share of the costs of the facilities authorized
    by subsection (a) of this section shall not exceed 25 per centum of
    the total. The Secretary shall not provide funds for the operation
    or maintenance of the project.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1607, Oct. 30, 1992, 106 Stat.
    4666.)

-MISC1-
     DEMONSTRATION OF WASTE WATER TECHNOLOGY, SANTA CLARA VALLEY WATER
                     DISTRICT AND SAN JOSE, CALIFORNIA
      Pub. L. 102-580, title II, Sec. 218, Oct. 31, 1992, 106 Stat.
    4834, provided that:
      "(a) In General. - The Secretary, in cooperation with the
    Administrator of the Environmental Protection Agency, is authorized
    to provide design and construction assistance to the Santa Clara
    Valley Water District in San Jose, California, and to the city of
    San Jose, California, for demonstrating and field testing public
    use innovative processes which advance the technology of waste
    water reuse and treatment and which promote the use of treated
    waste water for critical water supply purposes and for the
    protection of fish and wildlife in the San Francisco Bay. All
    design, construction, and comprehensive health effects studies
    shall be carried out by non-Federal interests.
      "(b) Purposes of Assistance. - Assistance may be provided under
    this section - 
        "(1) for the design and construction of an innovative
      nonpotable waste water reuse treatment facility with distribution
      systems;
        "(2) for the design and construction of an innovative potable
      waste water reuse pilot plant;
        "(3) for implementation of a comprehensive health effects study
      of the performance of the potable waste water reuse pilot plant;
      and
        "(4) after the pilot plant is constructed and is operational,
      for the design and construction of a potable waste water reuse
      project, along with integration of the additional potable
      processes into the existing nonpotable facilities, and the
      extension of the distribution systems to groundwater recharge
      areas, if the Secretary, in cooperation with the Administrator of
      the Environmental Protection Agency, determines that the
      established public health requirements and water quality goals
      and objectives are being met by the pilot plant, the public
      health and safety is not at risk as a result of the operation of
      the pilot plant, and the pilot plant is operating reliably.
      "(c) Cost Sharing. - Total project costs under this section shall
    be shared at 75 percent Federal and 25 percent non-Federal. The non-
    Federal sponsor shall receive credit for lands, easements, rights-
    of-way, and relocations toward its share of project costs, but not
    to exceed 25 percent of total project costs. Operation and
    maintenance cost shall be 100 percent non-Federal.
      "(d) Authorization of Appropriations. - There is authorized to be
    appropriated to carry out this section $10,000,000. Such sums shall
    remain available until expended."

-End-

-CITE-
    43 USC Sec. 390h-6                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-6. Phoenix metropolitan water reclamation study and
      program

-STATUTE-
    (a) General authority
      The Secretary, in cooperation with the city of Phoenix, Arizona,
    shall participate in the planning, design, and construction of the
    Phoenix Metropolitan Water Reclamation and Reuse Project to utilize
    fully wastewater from the regional wastewater treatment plant for
    direct municipal, industrial, agricultural and environmental
    purposes, groundwater recharge and indirect potable reuse in the
    Phoenix metropolitan area.
    (b) Federal share
      The Federal share of the costs associated with the project
    described in subsection (a) of this section shall not exceed 25 per
    centum of the total. The Secretary shall not provide funds for
    operation or maintenance of the project.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1608, Oct. 30, 1992, 106 Stat.
    4666; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat. 4594;
    Pub. L. 106-53, title V, Sec. 596, Aug. 17, 1999, 113 Stat. 384.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a). Pub. L. 106-53, Sec. 596(1), added subsec.
    (a) and struck out former subsec. (a) which read as follows: "The
    Secretary, in cooperation with the city of Phoenix, Arizona, shall
    conduct a feasibility study of the potential for development of
    facilities to utilize fully wastewater from the regional wastewater
    treatment plant for direct municipal, industrial, agricultural, and
    environmental purposes, groundwater recharge and direct potable
    reuse in the Phoenix metropolitan area, and in cooperation with the
    city of Phoenix design and construct facilities for environmental
    purposes, ground water recharge and direct potable reuse."
      Subsec. (b). Pub. L. 106-53, Sec. 596(2), struck out first
    sentence which read as follows: "The Federal share of the costs of
    the study authorized by this section shall not exceed 50 per centum
    of the total."
      Subsec. (c). Pub. L. 106-53, Sec. 596(3), struck out subsec. (c)
    which read as follows: "The Secretary shall submit the report
    authorized by this section to the Committee on Energy and Natural
    Resources of the Senate and the Committee on Natural Resources of
    the House of Representatives not later than two years after
    appropriation of funds authorized by sections 390h to 390h-15 of
    this title."
      1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-End-

-CITE-
    43 USC Sec. 390h-7                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-7. Tucson area water reclamation study

-STATUTE-
    (a) General authority
      The Secretary, in cooperation with the State of Arizona and
    appropriate local and regional entities, shall conduct a
    feasibility study of comprehensive water reclamation and reuse
    system for Southern Arizona. For the purpose of this section, the
    term "Southern Arizona" means those portions of the counties of
    Pima, Santa Cruz, and Pinal within the Tucson Active Management
    Hydrologic Area as defined by the Arizona Department of Water
    Resources.
    (b) Federal share
      The Federal share of the costs of the study authorized by this
    section shall not exceed 50 per centum of the total.
    (c) Report
      The Secretary shall submit the report authorized by this section
    to the Committee on Energy and Natural Resources of the Senate and
    the Committee on Natural Resources of the House of Representatives
    not later than four years after appropriation of funds authorized
    by sections 390h to 390h-20 of this title.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1609, Oct. 30, 1992, 106 Stat.
    4666; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.
    4594.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    43 USC Sec. 390h-8                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-8. Lake Cheraw water reclamation and reuse study

-STATUTE-
    (a) General authority
      The Secretary is authorized, in cooperation with the State of
    Colorado and appropriate local and regional entities, to conduct a
    study to assess and develop means of reclaiming the waters of Lake
    Cheraw, Colorado, or otherwise ameliorating, controlling and
    mitigating potential negative impacts of pollution in the waters of
    Lake Cheraw on groundwater resources or the waters of the Arkansas
    River.
    (b) Federal share
      The Federal share of the costs of the study authorized by this
    section shall not exceed 50 per centum of the total.
    (c) Report
      The Secretary shall submit the report authorized by this section
    to the Committee on Energy and Natural Resources of the Senate and
    the Committee on Natural Resources of the House of Representatives
    not later than two years after appropriation of funds authorized by
    sections 390h to 390h-20 of this title.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1610, Oct. 30, 1992, 106 Stat.
    4667; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat.
    4594.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    43 USC Sec. 390h-9                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-9. San Francisco area water reclamation study

-STATUTE-
    (a) General authority
      The Secretary, in cooperation with the city and county of San
    Francisco, shall conduct a feasibility study of the potential for
    development of demonstration and permanent facilities to reclaim
    water in the San Francisco area for the purposes of export and
    reuse elsewhere in California.
    (b) Federal share
      The Federal share of the costs of the study authorized by this
    section shall not exceed 50 per centum of the total.
    (c) Report
      The Secretary shall submit the report authorized by this section
    to the Committee on Energy and Natural Resources of the Senate and
    the Committee on Natural Resources of the House of Representatives
    not later than five years after appropriation of funds authorized
    by sections 390h to 390h-20 of this title.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1611, Oct. 30, 1992, 106 Stat.
    4667; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2, 1994, 108 Stat. 4594;
    Pub. L. 104-266, Sec. 6, Oct. 9, 1996, 110 Stat. 3296.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-266 substituted "five" for
    "four".
      1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    43 USC Sec. 390h-10                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-10. San Diego area water reclamation program

-STATUTE-
      (a) The Secretary, in cooperation with the city of San Diego,
    California (!1) or its successor agency in the management of the
    San Diego Area Wastewater Management District, shall participate in
    the planning, design and construction of demonstration and
    permanent facilities to reclaim and reuse water in the San Diego
    metropolitan service area.

      (b) The Federal share of the costs of the facilities authorized
    by subsection (a) of this section shall not exceed 25 per centum of
    the total. The Secretary shall not provide funds for the operation
    or maintenance of the project.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1612, Oct. 30, 1992, 106 Stat.
    4667.)

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

-End-

-CITE-
    43 USC Sec. 390h-11                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-11. Los Angeles area water reclamation and reuse project

-STATUTE-
      (a) The Secretary is authorized to participate with the city and
    county of Los Angeles, State of California, West Basin Municipal
    Water District, and other appropriate authorities, in the design,
    planning, and construction of water reclamation and reuse projects
    to treat approximately one hundred and twenty thousand acre-feet
    per year of effluent from the city and county of Los Angeles, in
    order to provide new water supplies for industrial, environmental,
    and other beneficial purposes, to reduce the demand for imported
    water, and to reduce sewage effluent discharged into Santa Monica
    Bay.
      (b) The Secretary's share of costs associated with the project
    described in subsection (a) of this section shall not exceed 25 per
    centum of the total. The Secretary shall not provide funds for
    operation or maintenance of the project.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1613, Oct. 30, 1992, 106 Stat.
    4667.)

-End-

-CITE-
    43 USC Sec. 390h-12                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12. San Gabriel basin demonstration project

-STATUTE-
      (a) The Secretary, in cooperation with the Metropolitan Water
    District of Southern California and the Main San Gabriel Water
    Quality Authority or a successor public agency, is authorized to
    participate in the design, planning and construction of a
    conjunctive-use facility designed to improve the water quality in
    the San Gabriel groundwater basin and allow the utilization of the
    basin as a water storage facility; Provided, That this authority
    shall not be construed to limit the authority of the United States
    under any other Federal statute to pursue remedial actions or
    recovery of costs for work performed pursuant to this subsection.
      (b) The Secretary's share of costs associated with the project
    described in subsection (a) of this section shall not exceed 25 per
    centum of the total. The Secretary shall not provide funds for the
    operation or maintenance of the project.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1614, Oct. 30, 1992, 106 Stat.
    4668.)

-End-

-CITE-
    43 USC Sec. 390h-12a                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12a. North San Diego County Area Water Recycling Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the North San Diego County Area Water
    Recycling Project, consisting of projects to reclaim and reuse
    water within service areas of the San Elijo Joint Powers Authority,
    the Leucadia County Water District, the City of Carlsbad, and the
    Olivenhain Municipal Water District, California.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1615, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1615 of Pub. L. 102-575 was renumbered section
    1631 and is classified to section 390h-13 of this title.

-End-

-CITE-
    43 USC Sec. 390h-12b                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12b. Calleguas Municipal Water District Recycling Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the Calleguas Municipal Water
    District Recycling Project to reclaim and reuse water in the
    service area of the Calleguas Municipal Water District in Ventura
    County, California.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1616, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3290.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1616 of Pub. L. 102-575 was renumbered section
    1632 and is classified to section 390h-14 of this title.

-End-

-CITE-
    43 USC Sec. 390h-12c                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12c. Central Valley Water Recycling Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the Central Valley Water Recycling
    Project to reclaim and reuse water in the service areas of the
    Central Valley Reclamation Facility and the Salt Lake County Water
    Conservancy District in Utah.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1617, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1617 of Pub. L. 102-575 was renumbered section
    1633 and is classified to section 390h-15 of this title.

-End-

-CITE-
    43 USC Sec. 390h-12d                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12d. St. George Area Water Recycling Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the St. George Area Water Recycling
    Project to reclaim and reuse water in the service area of the
    Washington County Water Conservancy District in Utah.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1618, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-End-

-CITE-
    43 USC Sec. 390h-12e                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12e. Watsonville Area Water Recycling Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the City of Watsonville,
    California, is authorized to participate in the design, planning,
    and construction of the Watsonville Area Water Recycling Project to
    reclaim and reuse water in the Pajaro Valley in Santa Cruz County,
    California.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1619, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-End-

-CITE-
    43 USC Sec. 390h-12f                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12f. Southern Nevada Water Recycling Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the Southern Nevada Water Recycling
    Project to reclaim and reuse water in the service area of the
    Southern Nevada Water Authority in Clark County, Nevada.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1620, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3291.)

-End-

-CITE-
    43 USC Sec. 390h-12g                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12g. Albuquerque Metropolitan Area Water Reclamation and
      Reuse Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the city of Albuquerque, New
    Mexico, is authorized to participate in the planning, design, and
    construction of the Albuquerque Metropolitan Area Water Reclamation
    and Reuse Project to reclaim and reuse industrial and municipal
    wastewater and reclaim and use naturally impaired ground water and
    nonpotable surface water in the Albuquerque metropolitan area.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1621, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292; amended Pub. L. 105-62,
    title V, Sec. 506, Oct. 13, 1997, 111 Stat. 1339.)

-COD-
                               CODIFICATION                           
      Section 506 of Pub. L. 105-62, which directed the amendment of
    "section 1621 of title XVI of the Reclamation Wastewater and
    Groundwater Act, Public Law 104-266", was executed by making the
    amendment to this section, which is section 1621 of title XVI of
    the Reclamation Wastewater and Groundwater Study and Facilities
    Act, Pub. L. 102-575, as added by Pub. L. 104-266, to reflect the
    probable intent of Congress.

-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-62, Sec. 506(1), which directed the
    substitution of "project" for "study" in section catchline, was
    executed by substituting "Project" for "Study" to reflect the
    probable intent of Congress.
      Subsec. (a). Pub. L. 105-62, Sec. 506(2), (3), inserted
    "planning, design, and construction of the" after "to participate
    in the" and "and nonpotable surface water" after "impaired ground
    water".
      Pub. L. 105-62, Sec. 506(1), which directed the substitution of
    "project" for "study", was executed by substituting "Project" for
    "Study" to reflect the probable intent of Congress.

-End-

-CITE-
    43 USC Sec. 390h-12h                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12h. El Paso Water Reclamation and Reuse Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the El Paso Water Reclamation and
    Reuse Project to reclaim and reuse wastewater in the service area
    of the El Paso Water Utilities Public Service Board, El Paso,
    Texas.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1622, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

-End-

-CITE-
    43 USC Sec. 390h-12i                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12i. Reclaimed water in Pasadena

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the City of Pasadena, California,
    reclaimed water project to obtain, store, and use reclaimed water
    in Pasadena and its service area, as well as neighboring
    communities.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1623, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

-End-

-CITE-
    43 USC Sec. 390h-12j                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12j. Phase 1 of Orange County Regional Water Reclamation
      Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of phase 1 of the Orange County Regional
    Water Reclamation Project, to reclaim and reuse water within the
    service area of the Orange County Water District in California.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1624, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3292.)

-End-

-CITE-
    43 USC Sec. 390h-12k                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12k. City of West Jordan Water Reuse Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the City of West Jordan, Utah,
    is authorized to participate in the design, planning, and
    construction of the City of West Jordan Water Reuse Project to
    recycle and reuse water in its service area from the South Valley
    Water Reclamation Facility Discharge Waters in Utah.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1625, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-End-

-CITE-
    43 USC Sec. 390h-12l                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12l. Hi-Desert Water District in Yucca Valley, California
      wastewater collection and reuse facility

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the Hi-Desert Water District in Yucca
    Valley, California wastewater collection and reuse facility.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1626, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-End-

-CITE-
    43 USC Sec. 390h-12m                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12m. Mission Basin Brackish Groundwater Desalting
      Demonstration Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the City of Oceanside, is
    authorized to participate in the design, planning, and construction
    of a 3,000,000 gallon per day expansion of the Mission Basin
    Brackish Groundwater Desalting Demonstration Project in Oceanside,
    California.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1627, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-End-

-CITE-
    43 USC Sec. 390h-12n                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12n. Treatment of effluent from sanitation districts of
      Los Angeles County through city of Long Beach

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the Water Replenishment
    District of Southern California, the Orange County Water District
    in the State of California, and other appropriate authorities, is
    authorized to participate in the design, planning, and construction
    of water reclamation and reuse projects to treat approximately
    10,000 acre-feet per year of effluent from the sanitation districts
    of Los Angeles County through the city of Long Beach.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1628, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3293.)

-End-

-CITE-
    43 USC Sec. 390h-12o                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12o. San Joaquin Area Water Recycling and Reuse Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the appropriate State and
    local authorities, is authorized to participate in the design,
    planning, and construction of the San Joaquin Area Water Recycling
    and Reuse Project, in cooperation with the City of Tracy, and
    consisting of participating projects which will reclaim and reuse
    water within the County of San Joaquin in California.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1629, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)

-End-

-CITE-
    43 USC Sec. 390h-12p                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-12p. Tooele Wastewater Treatment and Reuse Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with Tooele City, Utah, is
    authorized to participate in the design, planning, and construction
    of the Tooele Wastewater Treatment and Reuse Project.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1630, as added Pub. L. 104-266,
    Sec. 2(a)(2), Oct. 9, 1996, 110 Stat. 3294.)

-End-

-CITE-
    43 USC Sec. 390h-13                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-13. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated such sums as may be
    necessary to carry out the purposes and provisions of sections 390h
    through 390h-12p of this title.
    (b) Prerequisite cost-sharing agreement
      (1) Funds may not be appropriated for the construction of any
    project authorized by sections 390h to 390h-20 of this title until
    after - 
        (A) an appraisal investigation and a feasibility study that
      complies with the provisions of sections 390h-1(b) or 390h-2(c)
      of this title, as the case may be, have been completed by the
      Secretary or the non-Federal project sponsor;
        (B) the Secretary has determined that the non-Federal project
      sponsor is financially capable of funding the non-Federal share
      of the project's costs; and
        (C) the Secretary has approved a cost-sharing agreement with
      the non-Federal project sponsor which commits the non-Federal
      project sponsor to funding its proportionate share of the
      project's construction costs on an annual basis.

      (2) The requirements of paragraph (1) shall not apply to those
    projects authorized by sections 390h to 390h-20 of this title for
    which funds were appropriated prior to January 1, 1996.
    (c) Congressional notification
      The Secretary shall notify the Committees on Resources and
    Appropriations of the House of Representatives and the Committees
    on Energy and Natural Resources and Appropriations of the Senate
    within 30 days after the signing of a cost-sharing agreement
    pursuant to subsection (b) of this section that such an agreement
    has been signed and that the Secretary has determined that the non-
    Federal project sponsor is financially capable of funding the
    project's non-Federal share of the project's costs.
    (d) Ceiling on Federal share
      (1) Notwithstanding any other provision of sections 390h to 390h-
    20 of this title and except as provided by paragraph (2), the
    Federal share of the costs of each of the individual projects
    authorized by sections 390h to 390h-20 of this title shall not
    exceed $20,000,000 (October 1996 prices).
      (2)(A) Subject to subparagraph (B), in the case of any project
    authorized by sections 390h to 390h-20 of this title for which
    construction funds were appropriated before January 1, 1996, the
    Federal share of the cost of such project may not exceed the amount
    specified as the "total Federal obligation" for that project in the
    budget justification made by the Bureau of Reclamation for fiscal
    year 1997, as contained in part 3 of the report of the hearing held
    on March 27, 1996, before the Subcommittee on Energy and Water
    Development of the Committee on Appropriations of the House of
    Representatives.
      (B) In the case of the San Gabriel Basin demonstration project
    authorized by section 390h-12 of this title, the Federal share of
    the cost of such project may not exceed the sum determined by
    adding - 
        (i) the amount that applies to that project under subparagraph
      (A); and
        (ii) $6,500,000.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1631, formerly Sec. 1615, Oct.
    30, 1992, 106 Stat. 4668; renumbered Sec. 1631 and amended Pub. L.
    104-266, Secs. 2(a)(1), (b)(1), 7, Oct. 9, 1996, 110 Stat. 3290,
    3294, 3296; Pub. L. 108-418, Sec. 1, Nov. 30, 2004, 118 Stat.
    2340.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 390h through 390h-12p of this title, referred to in
    subsec. (a), was in the original "sections 1601 through 1630 of
    this title" meaning sections 1601 through 1630 of title XVI of Pub.
    L. 102-575, which are classified to sections 390h to 390h-12p of
    this title and provisions set out as a note under section 390h of
    this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d)(2). Pub. L. 108-418 designated existing
    provisions as subpar. (A), substituted "Subject to subparagraph
    (B), in the case" for "In the case", and added subpar. (B).
      1996 - Pub. L. 104-266 designated existing provisions as subsec.
    (a), substituted "300h-12p" for "300h-12", and added subsecs. (b)
    to (d).

-End-

-CITE-
    43 USC Sec. 390h-14                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-14. Groundwater study

-STATUTE-
    (a) Investigation, analysis, and report
      In furtherance of the High Plains Groundwater Demonstration
    Program Act of 1983 (98 Stat. 1675) [43 U.S.C. 390g et seq.], the
    Secretary of the Interior, acting through the Bureau of Reclamation
    and the Geological Survey, shall conduct an investigation and
    analysis of the impacts of existing Bureau of Reclamation projects
    on the quality and quantity of groundwater resources. Based on such
    investigation and analysis, the Secretary shall prepare a
    reclamation groundwater management and technical assistance report
    which shall include - 
        (1) a description of the findings of the investigation and
      analysis, including the methodology employed;
        (2) a description of methods for optimizing Bureau of
      Reclamation project operations to ameliorate adverse impacts on
      groundwater,(!1) and

        (3) the Secretary's recommendations, along with the
      recommendations of the Governors of the affected States,
      concerning the establishment of a groundwater management and
      technical assistance program in the Department of the Interior in
      order to assist Federal and non-Federal entity development and
      implementation of groundwater management plans and activities.
    (b) Consultation with Governors
      In conducting the investigation and analysis, and in preparation
    of the report referred to in this section, the Secretary shall
    consult with the Governors of the affected States.
    (c) Report
      The report shall be submitted to the Committees on Appropriations
    and Natural Resources of the House of Representatives and the
    Committees on Appropriations and Energy and Natural Resources of
    the Senate within three years of the appropriation of funds
    authorized by section 390h-15 of this title.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1632, formerly Sec. 1616, Oct.
    30, 1992, 106 Stat. 4668; Pub. L. 103-437, Sec. 16(a)(2), Nov. 2,
    1994, 108 Stat. 4594; renumbered Sec. 1632 and amended Pub. L. 104-
    266, Sec. 2(a)(1), (b)(2), Oct. 9, 1996, 110 Stat. 3290, 3294.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The High Plains Groundwater Demonstration Program Act of 1983,
    referred to in subsec. (a), is Pub. L. 98-434, Sept. 28, 1984, 98
    Stat. 1675, which is classified generally to sections 390g to 390g-
    8 of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 390g of this title
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-266, Sec. 2(b)(2), made technical
    amendment to reference in original act which appears in text as
    reference to section 390h-15 of this title.
      1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Geological Survey redesignated United States Geological Survey by
    provision of title I of Pub. L. 102-154, Nov. 13, 1991, 105 Stat.
    1000, set out as a note under section 31 of this title.
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-
    (!1) So in original. The comma probably should be a semicolon.

-End-

-CITE-
    43 USC Sec. 390h-15                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-15. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated for fiscal years beginning
    after September 30, 1992, $4,000,000 to carry out the study
    authorized by section 390h-14 of this title.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1633, formerly Sec. 1617, Oct.
    30, 1992, 106 Stat. 4669; renumbered Sec. 1633 and amended Pub. L.
    104-266, Sec. 2(a)(1), (b)(3), Oct. 9, 1996, 110 Stat. 3290, 3294.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-266, Sec. 2(b)(3), made technical amendment to
    reference in original act which appears in text as reference to
    section 390h-14 of this title.

-End-

-CITE-
    43 USC Sec. 390h-16                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-16. Willow Lake Natural Treatment System Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the city of Salem, Oregon, is
    authorized to participate in the design, planning, and construction
    of the Willow Lake Natural Treatment System Project to reclaim and
    reuse wastewater within and without the service area of the city of
    Salem.
    (b) Cost share
      The Federal share of the cost of the project authorized by this
    section shall not exceed 25 percent of the total cost of the
    project.
    (c) Limitation
      The Secretary shall not provide funds for the operation and
    maintenance of the project authorized by this section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1634, as added Pub. L. 105-321,
    Sec. 6(a), Oct. 30, 1998, 112 Stat. 3025.)

-End-

-CITE-
    43 USC Sec. 390h-17                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-17. Lakehaven, Washington, Water Reclamation and Reuse
      Project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the Lakehaven Utility
    District, Washington, is authorized to participate in the design,
    planning, and construction of, and land acquisition for, a project
    to reclaim and reuse wastewater, including degraded groundwaters,
    within and outside of the service area of the Lakehaven Utility
    District.
    (b) Cost share
      The Federal share of the cost of the project authorized by this
    section shall not exceed 25 percent of the total cost of the
    project.
    (c) Limitation
      The Secretary shall not provide funds for the operation and
    maintenance of the project authorized by this section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1635, as added Pub. L. 107-344,
    Sec. 1, Dec. 17, 2002, 116 Stat. 2893.)

-End-

-CITE-
    43 USC Sec. 390h-17a                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-17a. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 102-575, title XVI, Sec. 1636, as added Pub. L.
    108-316, Sec. 1(b), Oct. 5, 2004, 118 Stat. 1202, which related to
    the Williamson County, Texas, water recycling and reuse project,
    was renumbered section 1637 of Pub. L. 102-575 by Pub. L. 109-70,
    Sec. 2(a)(1), Sept. 21, 2005, 119 Stat. 2009, and transferred to
    section 390h-19 of this title.

-End-

-CITE-
    43 USC Sec. 390h-18                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-18. Irvine basin groundwater and surface water
      improvement projects

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the Irvine Ranch Water
    District, California, is authorized to participate in the design,
    planning, and construction of projects to naturally treat impaired
    surface water, reclaim and reuse impaired groundwater, and provide
    brine disposal within the San Diego Creek Watershed.
    (b) Cost share
      The Federal share of the costs of the projects authorized by this
    section shall not exceed 25 percent of the total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation or
    maintenance of a project authorized by this section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1636, as added Pub. L. 108-233,
    Sec. 2(a), May 28, 2004, 118 Stat. 654.)

-MISC1-
                             PRIOR PROVISIONS                         
      Another section 1636 of Pub. L. 102-575 was renumbered 1637 and
    is classified to section 390h-19 of this title.

-End-

-CITE-
    43 USC Sec. 390h-19                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-19. Williamson County, Texas, water recycling and reuse
      project

-STATUTE-
    (a) Authorization
      The Secretary, in cooperation with the Lower Colorado River
    Authority, Texas, is authorized to participate in the design,
    planning, and construction of permanent facilities to reclaim and
    reuse water in Williamson County, Texas.
    (b) Cost share
      The Federal share of the costs of the project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost.
    (c) Limitation
      The Secretary shall not provide funds for the operation and
    maintenance of the project described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1637, formerly Sec. 1636, as
    added Pub. L. 108-316, Sec. 1(b), Oct. 5, 2004, 118 Stat. 1202;
    renumbered Sec. 1637, Pub. L. 109-70, Sec. 2(a)(1), Sept. 21, 2005,
    119 Stat. 2009.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 390h-17a of this title
    prior to renumbering by Pub. L. 109-70.

-End-

-CITE-
    43 USC Sec. 390h-20                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 390h-20. Hawaii reclamation projects

-STATUTE-
    (a) Authorization
      The Secretary may - 
        (1) in cooperation with the Board of Water Supply, City and
      County of Honolulu, Hawaii, participate in the design, planning,
      and construction of a project in Kalaeloa, Hawaii, to desalinate
      and distribute seawater for direct potable use within the service
      area of the Board;
        (2) in cooperation with the County of Hawaii Department of
      Environmental Management, Hawaii, participate in the design,
      planning, and construction of facilities in Kealakehe, Hawaii,
      for the treatment and distribution of recycled water and for
      environmental purposes within the County; and
        (3) in cooperation with the County of Maui Wastewater
      Reclamation Division, Hawaii, participate in the design,
      planning, and construction of, and acquire land for, facilities
      in Lahaina, Hawaii, for the distribution of recycled water from
      the Lahaina Wastewater Reclamation Facility for non-potable uses
      within the County.
    (b) Cost share
      The Federal share of the cost of a project described in
    subsection (a) of this section shall not exceed 25 percent of the
    total cost of the project.
    (c) Limitation
      Funds provided by the Secretary shall not be used for the
    operation and maintenance of a project described in subsection (a)
    of this section.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 102-575, title XVI, Sec. 1638, as added Pub. L. 109-70,
    Sec. 2(a)(2), Sept. 21, 2005, 119 Stat. 2009.)

-End-

-CITE-
    43 USC SUBCHAPTER I-A - RECLAMATION REFORM                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
                    SUBCHAPTER I-A - RECLAMATION REFORM                

-End-

-CITE-
    43 USC Sec. 390aa                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390aa. Congressional declaration of purpose; short title

-STATUTE-
      This subchapter shall amend and supplement the Act of June 17,
    1902, and Acts supplementary thereto and amendatory thereof (43
    U.S.C. 371) [43 U.S.C. 371 et seq.], hereinafter referred to as
    "Federal reclamation law". This subchapter may be referred to as
    the "Reclamation Reform Act of 1982".

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 201, Oct. 12, 1982, 96 Stat. 1263.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title", meaning title II (Secs. 201-230) of Pub. L. 97-293, Oct.
    12, 1982, 96 Stat. 1263, known as the Reclamation Reform Act of
    1982, which enacted this subchapter, amended sections 373a, 422e,
    425b, and 485h of this title, and repealed section 383 of Title 25,
    Indians. For complete classification of title II to the Code, see
    Tables.
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 390bb                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390bb. Definitions

-STATUTE-
      As used in this subchapter:
        (1) The term "contract" means any repayment or water service
      contract between the United States and a district providing for
      the payment of construction charges to the United States
      including normal operation, maintenance, and replacement costs
      pursuant to Federal reclamation law.
        (2) The term "district" means any individual or any legal
      entity established under State law which has entered into a
      contract or is eligible to contract with the Secretary for
      irrigation water.
        (3)(A) The term "full cost" means an annual rate as determined
      by the Secretary that shall amortize the expenditures for
      construction properly allocable to irrigation facilities in
      service, including all operation and maintenance deficits funded,
      less payments, over such periods as may be required under Federal
      reclamation law or applicable contract provisions, with interest
      on both accruing from October 12, 1982, on costs outstanding at
      that date, or from the date incurred in the case of costs arising
      subsequent to October 12, 1982: Provided, That operation,
      maintenance, and replacement charges required under Federal
      reclamation law, including this subchapter, shall be collected in
      addition to the full cost charge.
        (B) The interest rate used for expenditures made on or before
      October 12, 1982, shall be determined by the Secretary of the
      Treasury on the basis of the weighted average yield of all
      interest bearing, marketable issues sold by the Treasury during
      the fiscal year in which the expenditures by the United States
      were made, but shall not be less than 7 1/2  per centum per
      annum.
        (C) The interest rate used for expenditures made after October
      12, 1982, shall be determined by the Secretary of the Treasury on
      the basis of the arithmetic average of - 
          (i) the rate as of the beginning of the fiscal year in which
        expenditures are made on the basis of the computed average
        interest rate payable by the Treasury upon its outstanding
        marketable public obligations which are neither due nor
        callable for redemption for fifteen years from the date of
        issuance; and
          (ii) the weighted average yield on all interest-bearing,
        marketable issues sold by the Treasury during the fiscal year
        preceding the fiscal year in which the expenditures are made.

        (4) The term "individual" means any natural person, including
      his or her spouse, and including other dependents thereof within
      the meaning of the Internal Revenue Code of 1986 (26 U.S.C. 152).
        (5) The term "irrigation water" means water made available for
      agricultural purposes from the operation of reclamation project
      facilities pursuant to a contract with the Secretary.
        (6) The term "landholding" means total irrigable acreage of one
      or more tracts of land situated in one or more districts owned or
      operated under a lease which is served with irrigation water
      pursuant to a contract with the Secretary. In determining the
      extent of a landholding the Secretary shall add to any
      landholding held directly by a qualified or limited recipient
      that portion of any landholding held indirectly by such qualified
      or limited recipient which benefits that qualified or limited
      recipient in proportion to that landholding.
        (7) The term "limited recipient" means any legal entity
      established under State or Federal law benefiting more than
      twenty-five natural persons.
        (8) The term "project" means any reclamation or irrigation
      project, including incidental features thereof, authorized by
      Federal reclamation law, or constructed by the United States
      pursuant to such law, or in connection with which there is a
      repayment or water service contract executed by the United States
      pursuant to such law, or any project constructed by the Secretary
      through the Bureau of Reclamation for the reclamation of lands.
        (9) The term "qualified recipient" means an individual who is a
      citizen of the United States or a resident alien thereof or any
      legal entity established under State or Federal law which
      benefits twenty-five natural persons or less.
        (10) The term "recordable contract" means a contract between
      the Secretary and a landowner in writing capable of being
      recorded under State law providing for the sale or disposition of
      lands held in excess of the ownership limitations of Federal
      reclamation law including this subchapter.
        (11) The term "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 202, Oct. 12, 1982, 96 Stat. 1263;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in pars. (1), (3)(A), (8),
    and (10), is defined in section 390aa of this title.

-MISC1-
                                AMENDMENTS                            
      1986 - Par. (4). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".

-End-

-CITE-
    43 USC Sec. 390cc                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390cc. New or amended contracts

-STATUTE-
    (a) Generally
      The provisions of this subchapter shall be applicable to any
    district which - 
        (1) enters into a contract with the Secretary subsequent to
      October 12, 1982;
        (2) enters into any amendment of its contract with the
      Secretary subsequent to October 12, 1982, which enables the
      district to receive supplemental or additional benefits; or
        (3) which amends its contract for the purpose of conforming to
      the provisions of this subchapter.
    (b) Amendment of existing contracts
      Any district which has an existing contract with the Secretary as
    of October 12, 1982, which does not enter into an amendment of such
    contract as specified in subsection (a) of this section shall be
    subject to Federal reclamation law in effect immediately prior to
    October 12, 1982, as that law is amended or supplemented by
    sections 209 through 230 of this title [43 U.S.C. 390ii - 390zz-1,
    373a, 422e, 425b, 485h]. Within a district that does not enter into
    an amendment of its contract with the Secretary within four and one-
    half years of October 12, 1982, irrigation water may be delivered
    to lands leased in excess of a landholding of one hundred and sixty
    acres only if full cost, as defined in section 390bb(3)(A) of this
    title, is paid for such water as is assignable to those lands
    leased in excess of such landholding of one hundred and sixty
    acres: Provided, That the interest rate used in computing full cost
    under this subsection shall be the same as provided in section
    390ee(a)(3) of this title.
    (c) Election by qualified or limited recipients in absence of
      amendment to contract
      In the absence of an amendment to a contract, as specified in
    subsection (a) of this section, a qualified recipient or limited
    recipient may elect to be subject to the provisions of this
    subchapter by executing an irrevocable election in a form approved
    by the Secretary to comply with this subchapter. The district shall
    thereupon deliver irrigation water to and collect from such
    recipient, for the credit of the United States, the additional
    charges required by this subchapter and assignable to the recipient
    making the election.
    (d) Consent of non-Federal party
      Amendments to contracts which are not required by the provisions
    of this subchapter shall not be made without the consent of the non-
    Federal party.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 203, Oct. 12, 1982, 96 Stat. 1264.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsec. (b), is defined
    in section 390aa of this title.
      Sections 209 through 230 of this title, referred to in subsec.
    (b), are sections 209 through 230 of title II of Pub. L. 97-293,
    which enacted sections 390ii through 390zz-1 of this title, amended
    sections 373a, 422e, 425b, and 485h of this title, and repealed
    section 383 of Title 25, Indians.

-End-

-CITE-
    43 USC Sec. 390dd                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390dd. Limitation on ownership

-STATUTE-
      Except as provided in section 390ii of this title, irrigation
    water may not be delivered to - 
        (1) a qualified recipient for use in the irrigation of lands
      owned by such qualified recipient in excess of nine hundred and
      sixty acres of class I lands or the equivalent thereof; or
        (2) a limited recipient for the use in the irrigation of lands
      owned by such limited recipient in excess of six hundred and
      forty acres of class I lands or the equivalent thereof;

    whether situated in one or more districts.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 204, Oct. 12, 1982, 96 Stat. 1265.)

-End-

-CITE-
    43 USC Sec. 390ee                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390ee. Pricing

-STATUTE-
    (a) Delivery of irrigation water at full cost
      Notwithstanding any other provision of law, any contract with a
    district entered into by the Secretary as specified in section
    390cc of this title, shall provide for the delivery of irrigation
    water at full cost as defined in section 390bb(3) of this title to:
        (1) a landholding in excess of nine hundred and sixty acres of
      class I lands or the equivalent thereof for a qualified
      recipient,(!1)

        (2) a landholding in excess of three hundred and twenty acres
      of class I land or the equivalent thereof for a limited recipient
      receiving irrigation water on or before October 1, 1981; and
        (3) the entire landholding of a limited recipient not receiving
      irrigation water on or before October 1, 1981: Provided, That the
      interest rate used in computing full cost under this paragraph
      shall be determined by the Secretary of the Treasury on the basis
      of the arithmetic average of - 
          (A) the computed average interest rate payable by the
        Treasury upon its outstanding marketable public obligations
        which are neither due nor callable for redemption for fifteen
        years from the date of issuance; and
          (B) the weighted average of market yields on all interest-
        bearing, marketable issues sold by the Treasury

      during the fiscal year preceding the fiscal year in which the
      expenditures are made, or October 12, 1982, for expenditures made
      before October 12, 1982.
    (b) Delivery of irrigation water at prior terms and conditions
      Any contract with a district entered into by the Secretary as
    specified in section 390cc of this title, shall provide for the
    delivery of irrigation water to lands not in excess of the
    landholdings described in subsection (a) of this section upon terms
    and conditions related to pricing established by the Secretary
    pursuant to Federal reclamation law in effect immediately prior to
    October 12, 1982, or, in the case of an amended contract, upon the
    terms and conditions established by such contract prior to the date
    of its amendment. However, the portion of any price established
    under this subsection which relates to operation and maintenance
    charges shall be established pursuant to section 390hh of this
    title.
    (c) Delivery of irrigation water to lands under recordable
      contracts
      Notwithstanding any extension of time of any recordable contract
    as provided in section 390ii(e) of this title, lands under
    recordable contract shall be eligible to receive irrigation water
    at less than full cost for a period not to exceed ten years from
    the date such recordable contract was executed by the Secretary in
    the case of contracts existing prior to October 12, 1982, or five
    years from the date such recordable contract was executed by the
    Secretary in the case of contracts entered into subsequent to
    October 12, 1982, or the time specified in section 390rr of this
    title for lands described in that section: Provided, That in no
    case shall the right to receive water at less than full cost under
    this subsection terminate sooner than eighteen months after the
    date on which the Secretary again commences the processing or the
    approval of the disposition of such lands.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 205, Oct. 12, 1982, 96 Stat. 1265.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsec. (b), is defined
    in section 390aa of this title.

-FOOTNOTE-               

    (!1) So in original. The comma probably should be a semicolon.

-End-

-CITE-
    43 USC Sec. 390ff                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390ff. Certification of compliance

-STATUTE-
      As a condition to the receipt of irrigation water for lands in a
    district which has a contract as specified in section 390cc of this
    title, each landowner and lessee within such district shall furnish
    the district, in a form prescribed by the Secretary, a certificate
    that they are in compliance with the provisions of this subchapter
    including a statement of the number of acres leased, the term of
    any lease, and a certification that the rent paid reflects the
    reasonable value of the irrigation water to the productivity of the
    land. The Secretary may require any lessee to submit to him, for
    his examination, a complete copy of any such lease executed by each
    of the parties thereto.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 206, Oct. 12, 1982, 96 Stat. 1266.)

-End-

-CITE-
    43 USC Sec. 390gg                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390gg. Equivalency

-STATUTE-
      Upon the request of any district, the ownership and pricing
    limitations imposed by this subchapter shall apply to the irrigable
    lands classified within such district by the Secretary as having
    class I productive potential or the equivalent thereof in larger
    acreage of less productive potential, as determined by the
    Secretary, taking into account all factors which significantly
    affect productivity, including but not limited to topography, soil
    characteristics, length of growing season, elevation, adequacy of
    water supply, and crop adaptability.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 207, Oct. 12, 1982, 96 Stat. 1266.)

-End-

-CITE-
    43 USC Sec. 390hh                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390hh. Operation and maintenance charges

-STATUTE-
    (a) Price adequate to recover charges
      The price of irrigation water delivered by the Secretary pursuant
    to a contract or an amendment to a contract with a district, as
    specified in section 390cc of this title, shall be at least
    sufficient to recover all operation and maintenance charges which
    the district is obligated to pay to the United States.
    (b) Modification of price
      Whenever a district enters into a contract or requests that its
    contract be amended as specified in section 390cc of this title,
    and each year thereafter, the Secretary shall calculate such
    operation and maintenance charges and shall modify the price of
    irrigation water delivered under the contract as necessary to
    reflect any changes in such costs by amending the district's
    contract accordingly.
    (c) Districts not operating from Federal funds
      This section shall not apply to districts which operate and
    maintain project facilities and finance the operation and
    maintenance thereof from non-Federal funds.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 208, Oct. 12, 1982, 96 Stat. 1267.)

-End-

-CITE-
    43 USC Sec. 390ii                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390ii. Disposition of excess lands

-STATUTE-
    (a) Disposal of lands in excess of ownership limitations within
      reasonable time
      Irrigation water made available in the operation of reclamation
    project facilities may not be delivered for use in the irrigation
    of lands held in excess of the ownership limitations imposed by
    Federal reclamation law, including this subchapter, unless and
    until the owners thereof shall have executed a recordable contract
    with the Secretary, in accordance with the terms and conditions
    required by Federal reclamation law, requiring the disposal of
    their interest in such excess lands within a reasonable time to be
    established by the Secretary. In the case of recordable contracts
    entered into prior to October 12, 1982, such reasonable time shall
    not exceed ten years after the recordable contract is executed by
    the Secretary. In the case of recordable contracts entered into
    after October 12, 1982, except as provided in section 390rr of this
    title, such reasonable time shall not exceed five years after the
    recordable contract is executed by the Secretary.
    (b) Continued delivery of irrigation water to lands held in excess
      of ownership limitations
      Lands held in excess of the ownership limitations imposed by
    Federal reclamation law, including this subchapter, which, on
    October 12, 1982, are, or are capable of, receiving delivery of
    irrigation water made available by the operation of existing
    reclamation project facilities may receive such deliveries only - 
        (1) if the disposal of the owner's interest in such lands is
      required by an existing recordable contract with the Secretary,
      or
        (2) if the owners of such lands have requested that a
      recordable contract be executed by the Secretary.
    (c) Amendment of existing recordable contracts
      Recordable contracts existing on October 12, 1982, shall be
    amended at the request of the landowner to conform with the
    ownership limitations contained in this subchapter: Provided, That
    the time period for disposal of excess lands specified in the
    existing recordable contract shall not be extended except as
    provided in subsection (e) of this section.
    (d) Power of attorney requirement in contracts; exercise of power
      by Secretary
      Any recordable contract covering excess lands sales shall provide
    that a power of attorney shall vest in the Secretary to sell any
    excess lands not disposed of by the owners thereof within the
    period of time specified in the recordable contract. In the
    exercise of that power, the Secretary shall sell such lands through
    an impartial selection process only to qualified purchasers
    according to such reasonable rules and regulations as the Secretary
    may establish: Provided, That the Secretary shall recover for the
    owner the fair market value of the land unrelated to irrigation
    water deliveries plus the fair market value of improvements
    thereon.
    (e) Extension of time for disposal of excess lands
      In the event that the owner of any lands in excess of the
    ownership limitations of Federal reclamation law has heretofore
    entered into a recordable contract with the Secretary for the
    disposition of such excess lands and has been prevented from
    disposing of them because the Secretary may have withheld the
    processing or approval of the disposition of the lands (whether he
    may have been compelled to do so by court order or for other
    reasons), the period of time for the disposal of such lands by the
    owner thereof pursuant to the contract shall be extended from the
    date on which the Secretary again commences the processing or the
    approval of the disposition of such lands for a period which shall
    be equal to the remaining period of time under the recordable
    contract for the disposal thereof by the owner at the time the
    decision of the Secretary to withhold the processing or approval of
    such disposition first became effective.
    (f) Eligibility of excess lands for irrigation water after
      disposition
      Excess lands which have been or may be disposed of in compliance
    with Federal reclamation law, including this subchapter, shall not
    be considered eligible to receive irrigation water unless - 
        (1) they are held by nonexcess owners; and
        (2) in the case of disposals made after October 12, 1982, their
      title is burdened by a covenant prohibiting their sale, for a
      period of ten years after their original disposal to comply with
      Federal reclamation law, including this subchapter, for values
      exceeding the sum of the value of newly added improvements and
      the value of the land as increased by market appreciation
      unrelated to the delivery of irrigation water. Upon expiration of
      the terms of such covenant, the title to such lands shall be
      freed of the burden of any limitations on subsequent sale values
      which might otherwise be imposed by the operation of section 423e
      of this title.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 209, Oct. 12, 1982, 96 Stat. 1267.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsecs. (a), (b), (e),
    and (f), is defined in section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390jj                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390jj. Water conservation

-STATUTE-
    (a) Implementation of program by non-Federal recipients
      The Secretary shall, pursuant to his authorities under otherwise
    existing Federal reclamation law, encourage the full consideration
    and incorporation of prudent and responsible water conservation
    measures in the operations of non-Federal recipients of irrigation
    water from Federal reclamation projects, where such measures are
    shown to be economically feasible for such non-Federal recipients.
    (b) Development of plan
      Each district that has entered into a repayment contract or water
    service contract pursuant to Federal reclamation law or the Water
    Supply Act of 1958, as amended (43 U.S.C. 390b), shall develop a
    water conservation plan which shall contain definite goals,
    appropriate water conservation measures, and a time schedule for
    meeting the water conservation objectives.
    (c) Coordination of ongoing programs; full public participation
      The Secretary is authorized and directed to enter into
    memorandums of agreement with those Federal agencies having
    capability to assist in implementing water conservation measures to
    assure coordination of ongoing programs. Such memorandums should
    provide for involvement of non-Federal entities such as States,
    Indian tribes, and water user organizations to assure full public
    participation in water conservation efforts.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 210, Oct. 12, 1982, 96 Stat. 1268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsecs. (a) and (b), is
    defined in section 390aa of this title.
      The Water Supply Act of 1958, as amended, referred to in subsec.
    (b), is title III of Pub. L. 85-500, July 3, 1958, 72 Stat. 319, as
    amended, which enacted section 390b of this title and enacted a
    provision set out as a note under section 390b of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 390b of this title and Tables.

-End-

-CITE-
    43 USC Sec. 390kk                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390kk. Residency not required

-STATUTE-
      Notwithstanding any other provision of law, irrigation water made
    available from the operation of reclamation project facilities
    shall not be withheld from delivery to any project lands for the
    reason that the owners, lessees, or operators do not live on or
    near them.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 211, Oct. 12, 1982, 96 Stat. 1269.)

-End-

-CITE-
    43 USC Sec. 390ll                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390ll. Corps of Engineers projects

-STATUTE-
    (a) Applicability of Federal reclamation laws
      Notwithstanding any other provision of law, neither the ownership
    or pricing limitation provisions nor the other provisions of
    Federal reclamation law, including this subchapter, shall be
    applicable to lands receiving benefits from Federal water resources
    projects constructed by the United States Army Corps of Engineers,
    unless - 
        (1) the project has, by Federal statute, explicitly been
      designated, made a part of, or integrated with a Federal
      reclamation project; or
        (2) the Secretary, pursuant to his authority under Federal
      reclamation law, has provided project works for the control or
      conveyance of an agricultural water supply for the lands
      involved.
    (b) Payment of construction, operation, maintenance and
      administrative costs allocated to conservation or irrigation
      storage
      Notwithstanding any other provision of this section to the
    contrary, obligations that require water users, pursuant to
    contracts with the Secretary, to repay the share of construction
    costs and to pay the share of the operation and maintenance and
    contract administrative costs of a Corps of Engineers project which
    are allocated to conservation storage or irrigation storage shall
    remain in effect.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 212, Oct. 12, 1982, 96 Stat. 1269.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsec. (a), is defined
    in section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390mm                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390mm. Repayment of construction charges

-STATUTE-
    (a) Ownership and pricing limitations inapplicable when repayment
      obligation has been discharged
      The ownership and full cost pricing limitations of this
    subchapter and the ownership limitations provided in any other
    provision of Federal reclamation law shall not apply to lands in a
    district after the obligation of a district for the repayment of
    the construction costs of the project facilities used to make
    project water available for delivery to such lands shall have been
    discharged by a district (or by a person within the district
    pursuant to a contract existing on October 12, 1982), by payment of
    periodic installments throughout a specified contract term,
    including individual or district accelerated payments where so
    provided in contracts existing on October 12, 1982.
    (b) Certification of freedom from ownership and pricing limitations
      (1) The Secretary shall provide, upon request of any owner of a
    landholding for which repayment has occurred, a certificate
    acknowledging that the landholding is free of the ownership or full
    cost pricing limitation of Federal reclamation law. Such
    certificate shall be in a form suitable for entry in the land
    records of the county in which such landholding is located.
      (2) Any certificate issued by the Secretary prior to October 12,
    1982, acknowledging that the landholding is free of the acreage
    limitation of Federal reclamation law is hereby ratified.
    (c) Lump sum or accelerated repayment of construction costs
      Nothing in this subchapter shall be construed as authorizing or
    permitting lump sum or accelerated repayment of construction costs,
    except in the case of a repayment contract which is in effect upon
    October 12, 1982, and which provides for such lump sum or
    accelerated repayment by an individual or district.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 213, Oct. 12, 1982, 96 Stat. 1269.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsecs. (a) and (b), is
    defined in section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390nn                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390nn. Trusts

-STATUTE-
      (a) The ownership and full cost pricing limitations of this
    subchapter and the ownership limitations provided in any other
    provision of Federal reclamation law shall not apply to lands in a
    district which are held by an individual or corporate trustee in a
    fiduciary capacity for a beneficiary or beneficiaries whose
    interests in the lands served do not exceed the ownership and
    pricing limitations imposed by Federal reclamation law, including
    this subchapter.
      (b) Lands placed in a revocable trust shall be attributable to
    the grantor if - 
        (1) the trust is revocable at the discretion of the grantor and
      revocation results in the title to such lands reverting either
      directly or indirectly to the grantor; or
        (2) the trust is revoked or terminated by its terms upon the
      expiration of a specified period of time and the revocation or
      termination results in the title to such lands reverting either
      directly or indirectly to the grantor.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 214, Oct. 12, 1982, 96 Stat. 1270;
    Pub. L. 100-203, title V, Sec. 5302(b), Dec. 22, 1987, 101 Stat.
    1330-269.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsec. (a), is defined
    in section 390aa of this title.

-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-203 designated existing provisions as subsec.
    (a) and added subsec. (b).

-End-

-CITE-
    43 USC Sec. 390oo                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390oo. Temporary supplies of water

-STATUTE-
    (a) Limitations inapplicable
      Neither the ownership limitations of this subchapter nor the
    ownership limitations of any other provision of Federal reclamation
    law shall apply to lands which receive only a temporary, not to
    exceed one year, supply of water made possible as a result of - 
        (1) an unusually large water supply not otherwise storable for
      project purposes; or
        (2) infrequent and otherwise unmanaged flood flows of short
      duration.
    (b) Waiver of payment for temporary water supplies
      The Secretary shall have the authority to waive payments for a
    supply of water described in subsection (a) of this section.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 215, Oct. 12, 1982, 96 Stat. 1270.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in subsec. (a), is defined
    in section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390pp                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390pp. Involuntary foreclosure

-STATUTE-
      Neither the ownership limitations of this subchapter nor the
    ownership limitations of any other provision of Federal reclamation
    law shall apply to lands when the lands are acquired by involuntary
    foreclosure, or similar involuntary process of law, by bona fide
    conveyance in satisfaction of a debt (including, but not limited
    to, a mortgage, real estate contract, or deed of trust), by
    inheritance, or by devise: Provided, That such lands were eligible
    to receive irrigation water prior to such transfer of title or the
    mortgaged lands became ineligible to receive water after the
    mortgage is recorded but before it is acquired by involuntary
    foreclosure or similar involuntary process of law or by bona fide
    conveyance in satisfaction of mortgage: Provided further, That if,
    after acquisition, such lands are not qualified under Federal
    reclamation law, including this subchapter, they shall be furnished
    temporarily with an irrigation water supply for a period not
    exceeding five years from the effective date of such an
    acquisition, delivery of irrigation water thereafter ceasing until
    the transfer thereof to a landowner qualified under such laws:
    Provided further, That the provisions of section 390ee of this
    title shall be applicable separately to each acquisition under this
    section if the lands are otherwise subject to the provisions of
    section 390ee of this title.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 216, Oct. 12, 1982, 96 Stat. 1270.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in text, is defined in
    section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390qq                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390qq. Isolated tracts

-STATUTE-
      Neither the ownership limitations of this subchapter nor the
    ownership limitations of any other provision of Federal reclamation
    law shall apply to lands which are isolated tracts found by the
    Secretary to be economically farmable only if they are included in
    a larger farming operation but which may, as a result of their
    inclusion in that operation, cause it to exceed such ownership
    limitations.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 217, Oct. 12, 1982, 96 Stat. 1270.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in text, is defined in
    section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390rr                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390rr. Central Arizona Project

-STATUTE-
      Lands receiving irrigation water pursuant to a contract with the
    Secretary as authorized under title III of the Colorado River Basin
    Project Act (82 Stat. 887; 43 U.S.C. 1521 et seq.) which are placed
    under recordable contract shall be eligible to receive irrigation
    water upon terms and conditions related to pricing established by
    the Secretary pursuant to Federal reclamation law in effect
    immediately prior to October 12, 1982, for a period of time not to
    exceed ten years from the date such lands are capable of being
    served with irrigation water, as determined by the Secretary.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 218, Oct. 12, 1982, 96 Stat. 1271.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Colorado River Basin Project Act, referred to in text, is
    Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended. Title III
    of the Colorado River Basin Project Act is classified generally to
    subchapter III (Sec. 1521 et seq.) of chapter 32 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1501 of this title and Tables.
      Federal reclamation law, referred to in text, is defined in
    section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390ss                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390ss. Religious or charitable organizations

-STATUTE-
      An individual religious or charitable entity or organization
    (including but not limited to a congregation, parish, school, ward,
    or chapter) which is exempt from taxation under section 501 of the
    Internal Revenue Code of 1986, as amended (26 U.S.C. 501), and
    which owns, operates, or leases any lands within a district shall
    be treated as an individual under the provisions of this subchapter
    regardless of such entity or organization's affiliation with a
    central organization or its subjugation to a hierarchical authority
    of the same faith and regardless of whether or not the individual
    entity is the owner of record if - 
        (1) the agricultural produce and the proceeds of sales of such
      produce are directly used only for charitable purposes;
        (2) said land is operated by said individual religious or
      charitable entity or organization (or subdivisions thereof); and
        (3) no part of the net earnings of such religious or charitable
      entity or organization (or subdivision thereof) shall inure to
      the benefit of any private shareholder or individual.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 219, Oct. 12, 1982, 96 Stat. 1271;
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"
    for "Internal Revenue Code of 1954".

-End-

-CITE-
    43 USC Sec. 390tt                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390tt. Contract required

-STATUTE-
      Irrigation water temporarily made available from reclamation
    facilities in excess of ordinary quantities not otherwise storable
    for project purposes or at times when such irrigation water would
    not have been available without the operations of those facilities,
    may be used for irrigation, municipal, or industrial purposes only
    to the extent covered by a contract requiring payment for the use
    of such irrigation water, executed in accordance with the
    Reclamation Project Act of 1939 [43 U.S.C. 485 et seq.], or other
    applicable provisions of Federal reclamation law.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 220, Oct. 12, 1982, 96 Stat. 1271.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reclamation Project Act of 1939, referred to in text, is act
    Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended, which is
    classified principally to subchapter X (Sec. 485 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    section 485k of this title and Tables.
      Federal reclamation law, referred to in text, is defined in
    section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390uu                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390uu. Waiver of sovereign immunity

-STATUTE-
      Consent is given to join the United States as a necessary party
    defendant in any suit to adjudicate, confirm, validate, or decree
    the contractual rights of a contracting entity and the United
    States regarding any contract executed pursuant to Federal
    reclamation law. The United States, when a party to any suit, shall
    be deemed to have waived any right to plead that it is not amenable
    thereto by reason of its sovereignty, and shall be subject to
    judgments, orders, and decrees of the court having jurisdiction,
    and may obtain review thereof, in the same manner and to the same
    extent as a private individual under like circumstances. Any suit
    pursuant to this section may be brought in any United States
    district court in the State in which the land involved is situated.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 221, Oct. 12, 1982, 96 Stat. 1271.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in text, is defined in
    section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390vv                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390vv. Excess crop restrictions

-STATUTE-
    (a) Report to Congress on production of surplus crops on acreage
      served by irrigation water
      Within one year of October 12, 1982, the Secretary of
    Agriculture, with the cooperation of the Secretary of the Interior,
    shall transmit to the Congress a report on the production of
    surplus crops on acreage served by irrigation water. The report
    shall include - 
        (1) data delineating the production of surplus crops on lands
      served by irrigation water;
        (2) the percentage of participation of farms served by
      irrigation water in set-aside programs, by acreage, crop, and
      State;
        (3) the feasibility and appropriateness of requiring the
      participation in acreage set-aside programs of farms served by
      irrigation water and the costs of such a requirement; and
        (4) any recommendations concerning how to coordinate national
      reclamation policy with agriculture policy to help alleviate
      recurring problems of surplus crops and low commodity prices.
    (b) Restrictions prohibiting delivery of irrigation water for
      production of excess basic agricultural commodities
      In addition, notwithstanding any other provision of law, in the
    case of any Federal reclamation project authorized before October
    12, 1982, any restriction prohibiting the delivery of irrigation
    water for the production of excess basic agricultural commodities
    shall extend for a period no longer than ten years after the date
    of the initial authorization of such project.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 222, Oct. 12, 1982, 96 Stat. 1272.)

-End-

-CITE-
    43 USC Sec. 390ww                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390ww. Administrative provisions

-STATUTE-
    (a) Existing Federal reclamation law
      The provisions of Federal reclamation law shall remain in full
    force and effect, except to the extent such law is amended by, or
    is inconsistent with, this subchapter.
    (b) Existing statutory exemptions from ownership or pricing
      limitations of Federal reclamation law
      Nothing in this subchapter shall repeal or amend any existing
    statutory exemptions from the ownership or pricing limitations of
    Federal reclamation law.
    (c) Regulations; collection of necessary data
      The Secretary may prescribe regulations and shall collect all
    data necessary to carry out the provisions of this subchapter and
    other provisions of Federal reclamation law.
    (d) Omitted
    (e) Sale of nonexcess land acquired into excess status pursuant to
      involuntary process of law, etc.
      Any nonexcess land which is acquired into excess status pursuant
    to involuntary foreclosure or similar involuntary process of law,
    conveyance in satisfaction of a debt (including, but not limited
    to, a mortgage, real estate contract, or deed of trust),
    inheritance, or devise, may be sold at its fair market value
    without regard to any other provision of this subchapter or to
    section 423e of this title: Provided, That if the status of
    mortgaged land changes from nonexcess into excess after the
    mortgage is recorded and is subsequently acquired by the lender by
    involuntary foreclosure or similar involuntary process of law, by
    bona fide conveyance in satisfaction of the mortgage, such land may
    be sold at its fair market value.
    (f) Omitted
    (g) Annual audit of compliance with reclamation laws
      In addition to any other audit or compliance activities which may
    otherwise be undertaken, the Secretary of the Interior, or his
    designee, shall conduct a thorough audit of the compliance with the
    reclamation law of the United States, specifically including this
    subchapter, by legal entities and individuals subject to such law.
    At a minimum, the Secretary shall complete audits of those legal
    entities and individuals whose landholdings or operations exceed
    960 acres within 3 years.
    (h) Recordable contracts executed prior to October 12, 1982
      The provisions of section 390ee(c) of this title are and have
    been applicable to all recordable contracts executed prior to
    October 12, 1982, and any decision, rule, or regulation promulgated
    by the Department of the Interior to the contrary is hereby
    revoked: Provided, That notwithstanding the provisions of
    subsection (i) of this section, the Secretary shall not seek
    reimbursement for any amounts due under this subsection or section
    390ee(c) of this title which was due prior to December 22, 1987.
    (i) Collection of underpayment with interest for irrigation water
      When the Secretary finds that any individual or legal entity
    subject to reclamation law, including this subchapter, has not paid
    the required amount for irrigation water delivered to a landholding
    pursuant to reclamation law, including this subchapter, he shall
    collect the amount of any underpayment with interest accruing from
    the date the required payment was due until paid. The interest rate
    shall be determined by the Secretary of the Treasury on the basis
    of the weighted average yield of all interest bearing marketable
    issues sold by the Treasury during the period of underpayment.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 224, Oct. 12, 1982, 96 Stat. 1272;
    Pub. L. 100-203, title V, Sec. 5302(a), Dec. 22, 1987, 101 Stat.
    1330-268; Pub. L. 103-437, Sec. 16(a)(3), Nov. 2, 1994, 108 Stat.
    4594; Pub. L. 104-66, title I, Sec. 1081(d), Dec. 21, 1995, 109
    Stat. 721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation law, referred to in subsecs. (a) to (c),
    is defined in section 390aa of this title.
      The reclamation law of the United States and the reclamation law,
    referred to in subsecs. (g) and (i), probably means Federal
    reclamation law which is defined in section 390aa of this title.
      This subchapter, referred to in subsecs. (a) to (c) and (e), was
    in the original "this title", meaning title II (Secs. 201-230) of
    Pub. L. 97-293, Oct. 12, 1982, 96 Stat. 1263, known as the
    Reclamation Reform Act of 1982, which enacted this subchapter,
    amended sections 373a, 422e, 425b, and 485h of this title, and
    repealed section 383 of Title 25, Indians. For complete
    classification of title II to the Code, see Tables.
      This subchapter, referred to in subsecs. (g) and (i), was in the
    original "this Act" and was translated as reading "this title". See
    note above.

-COD-
                               CODIFICATION                           
      Section is comprised of section 224 of Pub. L. 97-293. Subsec.
    (d) of section 224 amended section 425 of this title. Subsec. (f)
    of section 224 repealed section 383 of Title 25, Indians, and
    amended section 385 of Title 25.

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (g). Pub. L. 104-66 struck out at end "The
    Secretary shall submit an annual written report to the Senate
    Committee on Energy and Natural Resources and the House Committee
    on Natural Resources. Such report shall summarize the legal
    entities and individuals audited, the results of such audits, and
    the actions taken by the Secretary to correct any instances of
    noncompliance with the reclamation law."
      1994 - Subsec. (g). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" after "House
    Committee on".
      1987 - Subsecs. (g) to (i). Pub. L. 100-203 added subsecs. (g) to
    (i).

-End-

-CITE-
    43 USC Sec. 390xx                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390xx. Validation of contracts entered into prior to October
      1, 1981

-STATUTE-
      The provisions of any contract entered into prior to October 1,
    1981, by the Secretary with a district, which define project or
    nonproject water, or describe the delivery of project water through
    nonproject facilities or nonproject water through project
    facilities to lands within the district, are hereby authorized and
    validated on the part of the United States.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 225, Oct. 12, 1982, 96 Stat. 1273.)

-End-

-CITE-
    43 USC Sec. 390yy                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390yy. Leasing requirements

-STATUTE-
      Notwithstanding any other provision of Federal reclamation law,
    including this subchapter, lands which receive irrigation water may
    be leased only if the lease instrument is - 
        (1) written; and
        (2) for a term not to exceed ten years, including any
      exercisable options: Provided, however, That leases of lands for
      the production of perennial crops having an average life of more
      than ten years may be for periods of time equal to the average
      life of the perennial crop but in any event not to exceed twenty-
      five years.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 227, Oct. 12, 1982, 96 Stat. 1273.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in text, is defined in
    section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390zz                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390zz. Reporting

-STATUTE-
      Any contracting entity subject to the ownership or pricing
    limitations of Federal reclamation law shall compile and maintain
    such records and information as the Secretary deems reasonably
    necessary to implement this subchapter and Federal reclamation law.
    On a date set by the Secretary following October 12, 1982, and
    annually thereafter, every such contracting entity shall provide in
    a form suitable to the Secretary such reports on the above matters
    as the Secretary may require.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 228, Oct. 12, 1982, 96 Stat. 1274.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal reclamation law, referred to in text, is defined in
    section 390aa of this title.

-End-

-CITE-
    43 USC Sec. 390zz-1                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER I-A - RECLAMATION REFORM

-HEAD-
    Sec. 390zz-1. Severability

-STATUTE-
      If any provision of this subchapter or the applicability thereof
    to any person or circumstances is held invalid, the remainder of
    this subchapter and the application of such provision to other
    persons or circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 97-293, title II, Sec. 230, Oct. 12, 1982, 96 Stat. 1274.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title", meaning title II (Secs. 201-230) of Pub. L. 97-293, Oct.
    12, 1982, 96 Stat. 1263, known as the Reclamation Reform Act of
    1982, which enacted this subchapter, amended sections 373a, 422e,
    425b, and 485h of this title, and repealed section 383 of Title 25,
    Indians. For complete classification of title II to the Code, see
    Tables.

-End-

-CITE-
    43 USC SUBCHAPTER II - RECLAMATION FUND GENERALLY           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
                SUBCHAPTER II - RECLAMATION FUND GENERALLY            

-End-

-CITE-
    43 USC Sec. 391                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 391. Establishment of "reclamation fund"

-STATUTE-
      All moneys received from the sale and disposal of public lands in
    Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska,
    Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota,
    Utah, Washington, and Wyoming, beginning with the fiscal year
    ending June 30, 1901, including the surplus of fees and commissions
    in excess of allowances to officers designated by the Secretary of
    the Interior, and excepting the 5 per centum of the proceeds of the
    sales of public lands in the above States set aside by law for
    educational and other purposes, shall be, and the same are,
    reserved, set aside, and appropriated as a special fund in the
    Treasury to be known as the "reclamation fund", to be used in the
    examination and survey for and the construction and maintenance of
    irrigation works for the storage, diversion, and development of
    waters for the reclamation of arid and semiarid lands in the said
    States and Territories, and for the payment of all other
    expenditures provided for in this Act.
      The provisions of the Act entitled "An Act appropriating the
    receipts from the sale and disposal of public lands in certain
    States and Territories to the construction of irrigation works for
    the reclamation of arid lands," approved June seventeenth, nineteen
    hundred and two, be, and the same are hereby, extended so as to
    include and apply to the State of Texas, American Samoa, Guam, the
    Northern Mariana Islands and the Virgin Islands..(!1)

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 1, 32 Stat. 388; June 12, 1906, ch.
    3288, 34 Stat. 259; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208;
    Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 99-
    396, Sec. 17, Aug. 27, 1986, 100 Stat. 843.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in first par., and the Act entitled "An Act
    appropriating the receipts from the sale and disposal of public
    lands in certain States and Territories to the construction of
    irrigation works for the reclamation of arid lands," approved June
    seventeenth, nineteen hundred and two, referred to in second par.,
    are act June 17, 1902, popularly known as the Reclamation Act,
    which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this Title and Tables.

-COD-
                               CODIFICATION                           
      The first paragraph of this section is comprised of act June 17,
    1902, and the second paragraph is comprised of act June 12, 1906,
    as amended.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-396 inserted reference to American Samoa, Guam,
    the Northern Mariana Islands, and the Virgin Islands in second par.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Words "officers designated by the Secretary of the Interior"
    substituted for "registers" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, set out as a note under section 1 of this
    title.
      Previously, references to register and receiver changed to
    register by acts Mar. 3, 1925 and Oct. 28, 1921, which consolidated
    offices of register and receiver and provided for a single officer
    to be known as register.

-MISC2-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-FOOTNOTE-               

    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 391a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 391a. Advances to reclamation fund

-STATUTE-
      The Secretary of the Treasury is authorized, upon request of the
    Secretary of the Interior and upon approval of the President, to
    transfer from time to time to the credit of the reclamation fund
    created by section 391 of this title, such sum or sums, not
    exceeding in the aggregate $5,000,000, as the Secretary of the
    Interior may deem necessary for the construction and operation of
    reclamation projects authorized under the Act of June 17, 1902 (32
    Stat. 388), and under way on March 3, 1931, and Acts amendatory
    thereof or supplementary thereto.

-SOURCE-
    (Mar. 3, 1931, ch. 435, Sec. 1, 46 Stat. 1507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 391a-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 391a-1. Increase in reclamation fund; reimbursement of
      advances from Treasury

-STATUTE-
      The Secretary of the Treasury is authorized and directed to
    transfer to the credit of the reclamation fund, created by section
    391 of this title, a sum equal to the difference between (1) 52 1/2
     per centum of the moneys which the Secretary of the Treasury shall
    determine to have accrued to the United States from lands within
    the naval petroleum reserves, except those in Alaska, from February
    25, 1920, to June 30, 1938, inclusive, and (2) the total of all
    sums advanced to the reclamation fund under the provisions of
    sections 397 and 398 to 400 of this title, and under the provisions
    of sections 391a and 391b of this title, and not reimbursed by
    transfer from the reclamation fund to the general funds in the
    Treasury. The transaction provided for in this section shall be
    deemed to have effected a complete reimbursement to the general
    funds in the Treasury of all sums advanced to the reclamation fund
    under the provisions of such sections 391a, 391b, 397, and 398 to
    400 of this title.

-SOURCE-
    (May 9, 1938, ch. 187, 52 Stat. 322.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 391b and 399 of this title, referred to in text,
    contained provisions similar to those comprising this section, and
    were omitted from the Code.

-End-

-CITE-
    43 USC Sec. 391b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 391b. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 3, 1931, ch. 435, Sec. 2, 46 Stat. 1507,
    related to reimbursement of general fund for moneys advanced under
    section 391a of this title. See section 391a-1 of this title.

-End-

-CITE-
    43 USC Sec. 392                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 392. Payments into reclamation fund of moneys received from
      entrymen and water right applicants

-STATUTE-
      All moneys received from entrymen or applicants for water rights
    shall be paid into the reclamation fund.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389.)

-COD-
                               CODIFICATION                           
      Section is comprised of fourth sentence of section 5 of act June
    17, 1902. First, second and fifth sentences of such section 5 were
    classified to sections 439, 431 and 381 of this title,
    respectively; part of third sentence was classified to section 476
    of this title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 392a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 392a. Payment into reclamation fund of receipts from
      irrigation projects; transfer of power revenues to General
      Treasury after repayment of construction costs

-STATUTE-
      All moneys received by the United States in connection with any
    irrigation projects, including the incidental power features
    thereof, constructed by the Secretary of the Interior through the
    Bureau of Reclamation, and financed in whole or in part with moneys
    heretofore or hereafter appropriated or allocated therefor by the
    Federal Government, shall be covered into the reclamation fund,
    except in cases where provision has been made by law or contract
    for the use of such revenues for the benefit of users of water from
    such project: Provided, That after the net revenues derived from
    the sale of power developed in connection with any of said projects
    shall have repaid those construction costs of such project
    allocated to power to be repaid by power revenues therefrom and
    shall no longer be required to meet the contractual obligations of
    the United States, then said net revenues derived from the sale of
    power developed in connection with such project shall, after the
    close of each fiscal year, be transferred to and covered into the
    General Treasury as "miscellaneous receipts": Provided further,
    That nothing in this section shall be construed to amend the
    Boulder Canyon Project Act (45 Stat. 1057), as amended [43 U.S.C.
    617 et seq.], or to apply to irrigation projects of the Office of
    Indian Affairs.

-SOURCE-
    (May 9, 1938, ch. 187, 52 Stat. 322.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Boulder Canyon Project Act (45 Stat. 1057), as amended,
    referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057,
    as amended, which is classified generally to subchapter I (Sec. 617
    et seq.) of chapter 12A of this title. For complete classification
    of this Act to the Code, see section 617t of this title and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 393                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 393. Proceeds from sale of materials, etc.

-STATUTE-
      There shall be covered into the reclamation fund the proceeds of
    the sales of material utilized for temporary work and structures in
    connection with the operations under the Act of June 17, 1902,
    known as the reclamation Act, as well as of the sales of all other
    condemned property which had been purchased under the provisions
    thereof, and also any moneys refunded in connection with the
    operations under said reclamation Act.

-SOURCE-
    (Mar. 3, 1905, ch. 1459, 33 Stat. 1032.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, known as the reclamation Act, referred to
    in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 394                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 394. Proceeds from sale of products of or leases of withdrawn
      or reserved lands

-STATUTE-
      The proceeds heretofore or hereafter received from the lease of
    any lands reserved or withdrawn under the reclamation law or from
    the sale of the products therefrom shall be covered into the
    reclamation fund; and where such lands are affected by a
    reservation or withdrawal under some other law, the proceeds from
    the lease of land and the sale of products therefrom shall likewise
    be covered into the reclamation fund in all cases where such lands
    are needed for the protection or operation of any reservoir or
    other works constructed under the reclamation law, and such lands
    shall be and remain under the jurisdiction of the Secretary of the
    Interior.

-SOURCE-
    (July 19, 1919, ch. 24, Sec. 1, 41 Stat. 202.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 395                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 395. Contributions by State, municipality, etc.

-STATUTE-
      All moneys received after March 4, 1921, from any State,
    municipality, corporation, association, firm, district, or
    individual for investigations, surveys, construction work, or any
    other development work incident thereto involving operations
    similar to those provided for by the reclamation law shall be
    covered into the reclamation fund and shall be available for
    expenditure for the purposes for which contributed in like manner
    as if said sums had been specifically appropriated for said
    purposes.

-SOURCE-
    (Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1404.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 396                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 396. Return of contributions to cooperative investigations of
      projects

-STATUTE-
      On and after December 25, 1924, the Secretary of the Interior is
    authorized to receive moneys from any State, municipality,
    irrigation district, individual, or other interest, public or
    private, expend the same in connection with moneys appropriated by
    the United States for any cooperative investigation of the
    feasibility of reclamation projects, and return to the contributor
    any moneys so contributed in excess of the actual cost of that
    portion of the work properly chargeable to the contribution.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 1, 43 Stat. 685.)

-End-

-CITE-
    43 USC Sec. 397                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 397. Advances by Government for completion of projects
      initiated prior to June 25, 1910

-STATUTE-
      To enable the Secretary of the Interior to complete Government
    reclamation projects begun prior to June 25, 1910, the Secretary of
    the Treasury is authorized, as of June 25, 1910, upon request of
    the Secretary of the Interior, to transfer from time to time to the
    credit of the reclamation fund created by section 391 of this
    title, such sum or sums, not exceeding in the aggregate
    $20,000,000, as the Secretary of the Interior may deem necessary to
    complete the said reclamation projects, and such extensions thereof
    as he may deem proper and necessary to the successful and
    profitable operation and maintenance thereof or to protect water
    rights pertaining thereto claimed by the United States, provided
    the same shall be approved by the President of the United States;
    and such sum or sums as may be required to comply with the
    foregoing authority are appropriated, as of June 25, 1910, out of
    any money in the Treasury not otherwise appropriated: Provided,
    That the sums authorized to be transferred to the reclamation fund
    shall be so transferred only as such sums shall be actually needed
    to meet payments for work performed under existing law: And
    provided further, That all sums so transferred shall be reimbursed
    to the Treasury from the reclamation fund, as hereinafter provided:
    And provided further, That no part of this appropriation shall be
    expended upon any project existing June 25, 1910, until it shall
    have been examined and reported upon by a board of engineer
    officers of the Army, designated by the President of the United
    States, and until it shall be approved by the President as feasible
    and practicable and worthy of such expenditure; nor shall any
    portion of this appropriation be expended upon any project
    initiated after June 25, 1910.

-SOURCE-
    (June 25, 1910, ch. 407, Sec. 1, 36 Stat. 835.)

-End-

-CITE-
    43 USC Sec. 397a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 397a. Advances for operation and maintenance of projects

-STATUTE-
      Any moneys which may have been heretofore or may be hereafter
    advanced for operation and maintenance of any project or any
    division of a project shall be covered into the reclamation fund
    and shall be available for expenditure for the purposes for which
    advanced in like manner as if said funds had been specifically
    appropriated for said purposes.

-SOURCE-
    (Jan. 12, 1927, ch. 27, 44 Stat. 957.)

-End-

-CITE-
    43 USC Sec. 398                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 398. Sales of Government certificates to obtain funds for
      advances

-STATUTE-
      For the purpose of providing the Treasury with funds for the
    advances to the reclamation fund, provided for in section 397 of
    this title, the Secretary of the Treasury is authorized to issue
    certificates of indebtedness of the United States in such form as
    he may prescribe and in denominations of $50, or multiples of that
    sum; said certificates to be redeemable at the option of the United
    States at any time after three years from the date of their issue
    and to be payable five years after such date, and to bear interest,
    payable semiannually, at not exceeding 3 per centum per annum; the
    principal and interest to be payable in gold coin of the United
    States. The certificates of indebtedness herein authorized may be
    disposed of by the Secretary of the Treasury at not less than par,
    under such rules and regulations as he may prescribe, giving all
    citizens of the United States an equal opportunity to subscribe
    therefor, but no commission shall be allowed and the aggregate
    issue of such certificates shall not exceed the amount of all
    advances made to said reclamation fund, and in no event shall the
    same exceed the sum of $20,000,000. The certificates of
    indebtedness herein authorized shall be exempt from taxes or duties
    of the United States as well as from taxation in any form by or
    under State, municipal, or local authority; and a sum not exceeding
    one-tenth of 1 per centum of the amount of the certificates of
    indebtedness issued under this section is appropriated, out of any
    money in the Treasury not otherwise appropriated, to pay the
    expense of preparing, advertising, and issuing the same.

-SOURCE-
    (June 25, 1910, ch. 407, Sec. 2, 36 Stat. 835.)

-End-

-CITE-
    43 USC Sec. 399                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 399. Omitted

-COD-
                               CODIFICATION                           
      Section, acts June 25, 1910, ch. 407, Sec. 3, 36 Stat. 836; June
    12, 1917, ch. 27, 40 Stat. 149, related to repayment of advances
    made under sections 397 and 398 of this title. See section 391a-1
    of this title.

-End-

-CITE-
    43 USC Sec. 400                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 400. Advances as item of cost of construction and maintenance
      of project

-STATUTE-
      All money placed to the credit of the reclamation fund in
    pursuance of sections 397 and 398 to 400, of this title shall be
    devoted exclusively to the completion of work on reclamation
    projects begun prior to June 25, 1910, as hereinbefore provided,
    and the same shall be included with all other expenses in future
    estimates of construction, operation, or maintenance.

-SOURCE-
    (June 25, 1910, ch. 407, Sec. 4, 36 Stat. 836.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 399 of this title, included within reference in text to
    sections 398 to 400, was omitted from the Code. See section 391a-1
    of this title.

-COD-
                               CODIFICATION                           
      Section is comprised of first clause of section 4 of act June 25,
    1910. Second clause of such section 4 is classified to section 413
    of this title.

-End-

-CITE-
    43 USC Sec. 401                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 401. Amounts collected from defaulting contractors and their
      sureties

-STATUTE-
      Any amounts collected from defaulting contractors or their
    sureties, including collections heretofore made, in connection with
    contracts entered into under the reclamation law, either collected
    in cash or by deduction from amounts otherwise due such
    contractors, shall be covered into the reclamation fund and shall
    be credited to the project or operation for or on account of which
    such contract was made.

-SOURCE-
    (June 6, 1930, ch. 410, 46 Stat. 522.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 402                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Sec. 402. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Apr. 1, 1932, ch. 95, Sec. 10, 47 Stat. 78; Mar. 3,
    1933, ch. 200, Sec. 2, 47 Stat. 1427, related to repayment of
    advances under sections 391a and 397 of this title. See section
    391a-1 of this title.

-End-

-CITE-
    43 USC Secs. 403, 404                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER II - RECLAMATION FUND GENERALLY

-HEAD-
    Secs. 403, 404. Repealed. June 30, 1947, ch. 166, title II, Sec.
      206(c), 61 Stat. 208

-MISC1-
      Section 403, acts May 12, 1933, ch. 25, title II, Sec. 36, 48
    Stat. 49; June 16, 1933, ch. 101, Sec. 19, 48 Stat. 308; June 19,
    1934, ch. 653, Sec. 11, 48 Stat. 1110; June 27, 1934, ch. 851, 48
    Stat. 1269, related to refinancing agricultural improvement
    districts.
      Section 404, act May 12, 1933, ch. 25, title II, Sec. 37, 48
    Stat. 50, related to advances by the former Reconstruction Finance
    Corporation.

-End-

-CITE-
    43 USC SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF
           PROJECTS                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
         SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS     

-End-

-CITE-
    43 USC Sec. 411                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 411. Surveys for, location, and construction of irrigation
      works generally

-STATUTE-
      The Secretary of the Interior is authorized and directed to make
    examinations and surveys for, and to locate and construct, as
    herein provided, irrigation works for the storage, diversion, and
    development of waters, including artesian wells.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 2, 32 Stat. 388; Aug. 7, 1946, ch.
    770, Sec. 1(7), 60 Stat. 867.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means in act June 17, 1902,
    popularly known as the Reclamation Act, which is classified
    generally to this chapter. For complete classification of act June
    17, 1902, to the Code, see Short Title note set out under section
    371 of this title and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    acts Mar. 2, 1889, ch. 411, Sec. 1, 25 Stat. 960; Oct. 2, 1888, ch.
    1069, Sec. 1, 25 Stat. 526.

                                AMENDMENTS                            
      1946 - Act Aug. 7, 1946, struck out provisions requiring annual
    reports to Congress as to results of those examinations and
    surveys.

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 411a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 411a. Repealed. Feb. 28, 1929, ch. 374, Sec. 2, 45 Stat. 1406

-MISC1-
      Section, act June 28, 1926, ch. 704, 44 Stat. 776, authorized
    employment of engineers for consultation.

-End-

-CITE-
    43 USC Sec. 411a-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 411a-1. Authorization of appropriations for investigations of
      feasibility of reclamation projects

-STATUTE-
      The sum of $125,000 annually is authorized to be appropriated for
    cooperative and miscellaneous investigations of the feasibility of
    reclamation projects.

-SOURCE-
    (Feb. 21, 1923, ch. 101, 42 Stat. 1281.)

-End-

-CITE-
    43 USC Sec. 411b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 411b. Employment of engineers, geologists, appraisers and
      economists for reclamation consultation work; compensation;
      retired Army and Navy officers as consulting engineers

-STATUTE-
      The Secretary of the Interior is authorized, in his judgment and
    discretion, to employ for consultation purposes on important
    reclamation work ten consulting engineers, geologists, appraisers,
    and economists, at rates of compensation to be fixed by him, but
    not to exceed $50 per day for any engineer, geologist, appraiser,
    or economist so employed: Provided, That the total compensation
    paid to any engineer, geologist, appraiser, or economist during any
    fiscal year shall not exceed $5,000: Provided further, That
    notwithstanding the provisions of any other Act, retired officers
    of the Army or Navy may be employed by the Secretary of the
    Interior as consulting engineers in accordance with the provisions
    of this section.

-SOURCE-
    (Feb. 28, 1929, ch. 374, Sec. 1, 45 Stat. 1406; Apr. 22, 1940, ch.
    125, 54 Stat. 148; Dec. 23, 1944, ch. 708, 58 Stat. 915; Pub. L. 89-
    554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652.)

-MISC1-
                                AMENDMENTS                            
      1966 - Pub. L. 89-554 struck out provisions which authorized
    employment of retired personnel of the Department of the Interior
    as consultants.
      1944 - Act Dec. 23, 1944, inserted third proviso.
      1940 - Act Apr. 22, 1940, provided for employment of appraisers
    and increased the number to be employed from five to ten.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 412                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 412. Prerequisites to initiation of project or division of
      project

-STATUTE-
      After December 5, 1924, no new project or new division of a
    project shall be approved for construction or estimates submitted
    therefor by the Secretary until information in detail shall be
    secured by him concerning the water supply, the engineering
    features, the cost of construction, land prices, and the probable
    cost of development, and he shall have made a finding in writing
    that it is feasible, that it is adaptable for actual settlement and
    farm homes, and that it will probably return the cost thereof to
    the United States.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. B, 43 Stat. 702.)

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 413                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 413. Approval of project by President

-STATUTE-
      After June 25, 1910, no irrigation project contemplated by the
    Act of June 17, 1902, shall be begun unless and until the same
    shall have been recommended by the Secretary of the Interior and
    approved by the direct order of the President of the United States.

-SOURCE-
    (June 25, 1910, ch. 407, Sec. 4, 36 Stat. 836.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of second clause of section 4 of act June
    25, 1910. First clause of such section 4 is classified to section
    400 of this title.

-End-

-CITE-
    43 USC Sec. 414                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 414. Appropriation for projects essential

-STATUTE-
      Expenditures shall not be made for carrying out the purposes of
    the reclamation law except out of appropriations made annually by
    Congress therefor, and there shall annually, in the Budget, be
    submitted to Congress estimates of the amount of money necessary to
    be expended for carrying out any or all of the purposes authorized
    by the reclamation law, including the extension and completion of
    existing projects and units thereof and the construction of new
    projects. The annual appropriations made hereunder by Congress for
    such purposes shall be paid out of the reclamation fund provided
    for by the reclamation law.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 16, 38 Stat. 690.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      Words "there shall annually, in the Budget, be submitted to
    Congress" substituted for "the Secretary of the Interior shall
    annually in the regular Book of Estimates, submit to Congress" in
    view of the Budget and Accounting Act, 1921, act June 10, 1921, ch.
    18, 42 Stat. 20, as amended. See sections 1104 and 1105 of Title
    31, Money and Finance.

-End-

-CITE-
    43 USC Sec. 415                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 415. Receipts applicable to project generally

-STATUTE-
      All moneys heretofore or hereafter refunded or received in
    connection with operations under the reclamation law, except
    repayments of construction and operation and maintenance charges,
    shall be a credit to the appropriation for the project or operation
    from or on account of which the collection is made and shall be
    available for expenditure in like manner as if said sum had been
    specifically appropriated for said project or operation.

-SOURCE-
    (June 12, 1917, ch. 27, 40 Stat. 149.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 416                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 416. Laws applicable to withdrawn lands; restoration to entry

-STATUTE-
      All lands entered and entries made under the homestead laws
    within areas so withdrawn during such withdrawal shall be subject
    to all the provisions, limitations, charges, terms, and conditions
    of this Act; that said surveys shall be prosecuted diligently to
    completion, and upon the completion thereof, and of the necessary
    maps, plans, and estimates of cost, the Secretary of the Interior
    shall determine whether or not said project is practicable and
    advisable, and if determined to be impracticable or unadvisable he
    shall thereupon restore said lands to entry.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388; Pub. L. 94-579,
    title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 17, 1902, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.
      Said surveys, referred to in text, mean the surveys for
    contemplated irrigation works authorized by section 411 of this
    title.

-COD-
                               CODIFICATION                           
      Section is comprised of part of section 3 of act June 17, 1902.
    Remainder of such section 3 is classified to sections 432 and 434
    of this title.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out provisions that the Secretary of
    the Interior withdraw from public entry lands required for
    irrigation works contemplated under the Act of June 17, 1902, prior
    to the giving of the public notice provided for in section 419 of
    this title, that he restore such withdrawn lands to public entry
    when he deemed such lands unnecessary for the purposes of such Act,
    and that he withdraw from entry, except under the homestead laws,
    any public lands believed to be susceptible of irrigation from said
    works prior to the beginning of surveys for any contemplated
    irrigation works.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by such section 704(a) is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 417                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 417. Reservation of easements in public lands for reclamation
      projects

-STATUTE-
      Where, in the opinion of the Secretary, a right of way or
    easement of any kind over public land is required in connection
    with a project the Secretary may reserve the same to the United
    States by filing in the Bureau of Land Management and in the
    appropriate local land office copies of an instrument giving a
    description of the right of way or easement and notice that the
    same is reserved to the United States for Federal irrigation
    purposes under sections 371, 376, 377, 412, 417, 433, 438,(!1) 462,
    463,(!1) 466, 473,(!1) 474,(!1) 478, 493, 494, 500, 501, and 526 of
    this title, in which event entry for such land and the patent
    issued therefor shall be subject to the right of way or easement so
    described in such instrument; and reference to each such instrument
    shall be made in the appropriate tract books and also in the
    patent.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. P, 43 Stat. 704; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 438 of this title, referred to in text, was repealed by
    act Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568.
      Sections 463, 473, and 474 of this title, referred to in text,
    were repealed by act May 25, 1926, ch. 383, Sec. 47, 44 Stat. 650.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946, set out
    as a note under section 1 of this title.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 418                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 418. Private lands within project; agreement as to disposal of
      excess over farm unit

-STATUTE-
      Before any contract is let or work begun for the construction of
    any reclamation project adopted after August 13, 1914, the
    Secretary of the Interior shall require the owners of private lands
    thereunder to agree to dispose of all lands in excess of the area
    which he shall deem sufficient for the support of a family upon the
    land in question, upon such terms and at not to exceed such price
    as the Secretary of the Interior may designate; and if any
    landowner shall refuse to agree to the requirements fixed by the
    Secretary of the Interior, his land shall not be included within
    the project if adopted for construction.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 12, 38 Stat. 689.)

-End-

-CITE-
    43 USC Sec. 419                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 419. Contract for irrigation project; notice as to lands
      irrigable, unit of entry, and construction charges

-STATUTE-
      Upon the determination that any irrigation project is
    practicable, the Secretary of the Interior may cause to be let
    contracts for the construction of the same, in such portions or
    sections as it may be practicable to construct and complete as
    parts of the whole project, providing the necessary funds for such
    portions or sections are available, and thereupon he shall give
    public notice of the lands irrigable under such project, and limit
    of area per entry, which limit shall represent the acreage which,
    in the opinion of the Secretary, may be reasonably required for the
    support of a family upon the lands in question; also of the charges
    which shall be made per acre upon the said entries, and upon lands
    in private ownership which may be irrigated by the waters of the
    said irrigation project, and the number of annual installments in
    which such charges shall be paid and the time when such payments
    shall commence: Provided, That in all construction work eight hours
    shall constitute a day's work.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 4, 32 Stat. 389; May 10, 1956, ch.
    256, 70 Stat. 151.)

-COD-
                               CODIFICATION                           
      Section is comprised of part of section 4 of act June 17, 1902.
    Remainder of such section 4 is classified to section 461 of this
    title.

-MISC1-
                                AMENDMENTS                            
      1956 - Act May 10, 1956, substituted a period for the comma after
    "work" in proviso, and struck out "and no Mongolian labor shall be
    employed thereon."

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified, or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 420                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 420. Use of earth, timber, etc., from other public lands

-STATUTE-
      In carrying out the provisions of the national irrigation law
    approved June 17, 1902, and in constructing works thereunder, the
    Secretary of the Interior is authorized to use and to permit the
    use by those engaged in the construction of works under said law,
    under rules and regulations to be prescribed by him, such earth,
    stone, and timber from the public lands of the United States as may
    be required in the construction of such works, and the Secretary of
    Agriculture is authorized to permit the use of earth, stone, and
    timber from the national forests of the United States for the same
    purpose, under rules and regulations to be prescribed by him.

-SOURCE-
    (Feb. 8, 1905, ch. 552, 33 Stat. 706; Mar. 4, 1907, ch. 2907, 34
    Stat. 1269.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The national irrigation law approved June 17, 1902, referred to
    in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    popularly known as the Reclamation Act, which is classified
    generally to this chapter. For complete classification of this Act
    to the Code, see Short Title note set out under section 371 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Act Mar. 4, 1907 redesignated "forest reserves" as "national
    forests".

-End-

-CITE-
    43 USC Sec. 421                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421. Acquisition of lands for irrigation project; eminent
      domain

-STATUTE-
      Where, in carrying out the provisions of this Act, it becomes
    necessary to acquire any rights or property, the Secretary of the
    Interior is authorized to acquire the same for the United States by
    purchase or by condemnation under judicial process, and to pay from
    the reclamation fund the sums which may be needed for that purpose,
    and it shall be the duty of the Attorney General of the United
    States upon every application of the Secretary of the Interior,
    under this Act, to cause proceedings to be commenced for
    condemnation within thirty days from the receipt of the application
    at the Department of Justice.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 7, 32 Stat. 389.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 17, 1902, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this Title and
    Tables.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified, or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 421a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421a. Construction of distribution and drainage systems by
      irrigation districts or public agencies

-STATUTE-
      Distribution and drainage systems authorized to be constructed
    under the Federal reclamation laws may, in lieu of construction by
    the Secretary of the Interior (referred to in sections 421a to 421h
    of this title as the "Secretary"), be constructed by irrigation
    districts or other public agencies according to plans and
    specifications approved by the Secretary as provided in sections
    421a to 421h of this title. The drainage systems referred to in
    sections 421a to 421h of this title are those required for
    collection and removal of excess irrigation water, either on or
    below the surface of the ground and do not include enlargement or
    alteration of existing waterways for disposition or natural runoff.

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 1, 69 Stat. 244; Pub. L. 92-487, Oct.
    13, 1972, 86 Stat. 804.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-487 substituted provisions relating to
    construction of distribution and drainage systems, for provisions
    relating to construction of irrigation systems, and inserted
    provisions setting forth the type of drainage systems subject to
    coverage of sections 421a to 421h of this title.

-End-

-CITE-
    43 USC Sec. 421b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421b. Loans for construction of distribution and drainage
      systems; repayment contract; time period for repayment of loan;
      "irrigation district or other public agency" defined

-STATUTE-
      To assist financially in the construction of the aforesaid local
    distribution and drainage systems by irrigation districts and other
    public agencies the Secretary is authorized, on application
    therefor by such irrigation districts or other public agencies, to
    make funds available on a loan basis from moneys appropriated for
    the construction of such distribution and drainage systems to any
    irrigation district or other public agency in an amount equal to
    the estimated construction cost of such system, contingent upon a
    finding by the Secretary that the loan can be returned to the
    United States in accordance with the general repayment provisions
    of sections 485a(d) and 485h(d) of this title and upon a showing
    that such district or agency already holds or can acquire all lands
    and interests in land (except public and other lands or interests
    in land owned by the United States which are within the
    administrative jurisdiction of the Secretary and subject to
    disposition by him) necessary for the construction, operation, and
    maintenance of the project. The Secretary shall, upon approval of a
    loan, including any loan for a distribution and drainage system
    receiving water from the San Luis unit, Central Valley project,
    authorized by the Act of June 3, 1960 (74 Stat. 156), enter into a
    repayment contract which includes such provisions as the Secretary
    shall deem necessary and proper to provide assurance of prompt
    repayment of the loan within not to exceed forty years plus a
    development period not to exceed ten years. The term "irrigation
    district or other public agency" shall for the purposes of sections
    421a to 421h of this title mean any conservancy district,
    irrigation district, water users' organization, or other
    organization, which is organized under State law and which has
    capacity to enter into contracts with the United States pursuant to
    the Federal reclamation laws.

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 2, 69 Stat. 245; Pub. L. 92-487, Oct.
    13, 1972, 86 Stat. 804.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 3, 1960, referred to in text, is Pub. L. 86-488, June
    3, 1960, 74 Stat. 156, which is not classified to the Code.
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-487 substituted provisions relating to
    financial assistance in the construction of local distribution and
    drainage systems, for provisions relating to financial assistance
    in the construction of local irrigation distribution systems, and
    inserted provisions relating to loans for a distribution and
    drainage system receiving water from the San Luis unit, Central
    Valley project, and provisions setting forth a specified time
    period for repayment of loans.

                    SALE OF BUREAU OF RECLAMATION LOANS                
      Pub. L. 100-203, title V, Sec. 5301, Dec. 22, 1987, 101 Stat.
    1330-268, provided that:
      "(a) Sale. - The Secretary of the Interior (hereinafter in this
    section referred to as the 'Secretary'), under such terms as the
    Secretary shall prescribe, shall sell or otherwise dispose of loans
    made pursuant to the Distribution System Loans Act (43 U.S.C. 421a-
    421d) [43 U.S.C. 421a to 421h], the Small Reclamation Projects Act
    [of 1956] (43 U.S.C. 422a-422l) [43 U.S.C. 422a et seq.], and the
    Rehabilitation and Betterment Act (43 U.S.C. 504-505) [43 U.S.C.
    504 and note] in such amounts as to realize net proceeds to the
    Federal Government of not less than $130,000,000 in the fiscal year
    ending September 30, 1988. In the conduct of such sales, the
    Secretary shall take such actions as he deems appropriate to
    accommodate, effectuate, and otherwise protect the rights and
    obligations of the United States and the borrowers under the
    contracts executed to provide for repayment of such loans.
      "(b) Savings Provisions. - Nothing in this section, including the
    prepayment or other disposition of any loan or loans, shall - 
        "(1) except to the extent that prepayment may have been
      authorized heretofore, relieve the borrower from the application
      of the provisions of Federal Reclamation law (Act of June 17,
      1902, and Acts amendatory thereof or supplementary thereto [43
      U.S.C. 371 et seq.], including the Reclamation Reform Act of 1982
      [43 U.S.C. 390aa et seq.]), including acreage limitations, to the
      extent such provisions would apply absent such prepayment, or
        "(2) authorize the transfer of title to any federally owned
      facilities funded by the loans specified in subsection (a) of
      this section without a specific Act of Congress.
      "(c) Fees and Expenses of Program. - Proceeds from the conduct of
    the program authorized by this section shall be first used to pay
    the fees and expenses of such program and the net proceeds shall be
    deposited in the Treasury of the United States as miscellaneous
    receipts.
      "(d) Termination. - The authority granted by this section to sell
    or otherwise dispose of loans shall terminate on December 31,
    1988."

-End-

-CITE-
    43 USC Sec. 421c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421c. Conditions of loan for distribution and drainage
      systems; reconveyance by Secretary of lands, interests in lands,
      and distribution works heretofore conveyed to the United States;
      conditions of reconveyance; rights of way

-STATUTE-
      The Secretary shall require, as conditions to any such loan, that
    the borrower contribute in money or materials, labor, lands, or
    interests in land, computed at their reasonable value, a portion
    not in excess of 10 per centum, of the construction cost of the
    distribution and drainage system (including all costs of acquiring
    lands and interests in land), that the plans for the system be in
    accord with sound engineering practices and be such as will achieve
    the purposes for which the system was authorized, and that the
    borrower agree to account in full in regard to all disbursements of
    borrowed funds and to return at once for application toward
    amortization of the loan all funds which are not expended in the
    construction of the distribution and drainage system. Every
    organization contracting for repayment of a loan under sections
    421a to 421h of this title shall operate and maintain its
    distribution and drainage works in conformity with reasonable
    contractual requirements determined to be appropriate for the
    protection of the United States. The Secretary is hereby authorized
    to reconvey to borrowers all lands or interests in lands and
    distribution works transferred to the United States under the
    provisions of sections 421a to 421h of this title: Provided, That
    any reconveyance shall be upon the condition that the repayment
    contract of the borrower be amended to include such provisions as
    the Secretary shall deem necessary or proper to provide assurance
    of and security for prompt repayment of the loan. The head of any
    department or agency of the Government within whose administrative
    jurisdiction are lands owned by the United States the use of which
    is reasonably necessary for the construction, operation, and
    maintenance of distribution and drainage works under sections 421a
    to 421h of this title may grant to a borrower or prospective
    borrower under sections 421a to 421h of this title revocable
    permission for the use thereof in like manner as under sections 79
    and 524 of title 16, sections 323 to 328 of title 25, section 8124
    of title 38, or sections 931a to 931d, 946 to 950, 956, and 959 of
    this title, or any other similar Act which is applicable to the
    lands involved: Provided, That no such permission shall be granted
    in the case of lands being administered for national park, national
    monument, or wildlife purposes.

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 3, 69 Stat. 245; May 14, 1956, ch.
    268, 70 Stat. 155; Pub. L. 92-487, Oct. 13, 1972, 86 Stat. 804;
    Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat.
    239.)

-COD-
                               CODIFICATION                           
      "Section 8124 of title 38" substituted in text (see 1991
    Amendment note below) for "section 5024 of title 38", which
    previously had been substituted for "section 5014 of title 38" as
    the probable intent of Congress in view of the renumbering of
    section 5014 of title 38 as section 5024 by Pub. L. 96-22, title
    III, Sec. 301(b)(1), June 13, 1979, 93 Stat. 61. Previously,
    "section 5014 of title 38" had been substituted for "section 11i of
    title 38" on authority of Pub. L. 85-857, Sec. 5(a), Sept. 2, 1958,
    72 Stat. 1281, the first section of which enacted Title 38,
    Veterans' Benefits.

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-40 substituted "section 8124 of title 38" for
    "section 5024 of title 38". See Codification note above.
      1972 - Pub. L. 92-487 inserted provision subjecting drainage
    systems to the requirements of this section, substituted provisions
    authorizing the Secretary to reconvey to borrowers all land or
    interests in land and distribution works transferred to the United
    States under the provisions of sections 421a to 421h of this title,
    with the proviso relating to the amendment of the repayment
    contract, for provisions requiring borrowers, prior to the
    consummation of any loan, to transfer to the United States any
    lands or interests in lands presently held or acquired in the
    future which the Secretary finds necessary for the construction,
    operation, or maintenance of distribution systems, with title to
    all such lands, etc., subject to retransfer to the borrower by the
    Secretary upon repayment of the loan, to remain in the United
    States, and struck out provisions which restricted applicability of
    provisions to provisions relating to Federal reclamation laws.
      1956 - Act May 14, 1956, provided that the Secretary, as
    conditions to loan, require borrower to account for disbursements
    of borrowed funds and return for application toward amortization of
    the loan all funds not expended in the construction of the
    distribution system, required, prior to the consummation of any
    loan, the transfer to the United States of titles to lands or
    interests in lands held by the borrower, and that titles to such
    lands, interests, and distribution works remain in United States
    until repayment, and provided for issuance of revocable permits for
    the use of lands owned by United States, in lieu of the formerly
    authorized actual conveyance to the districts of the rights-of-way.

-End-

-CITE-
    43 USC Sec. 421d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421d. Effect on existing laws

-STATUTE-
      Except as otherwise provided in sections 421a to 421h of this
    title, the provisions of the Federal reclamation laws, and Acts
    amendatory thereto, are continued in full force and effect.

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 4, 69 Stat. 245; Pub. L. 92-487, Oct.
    13, 1972, 86 Stat. 805.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-487 reenacted section without change.

-End-

-CITE-
    43 USC Sec. 421e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421e. Municipal and industrial water supply delivery and
      distribution; allocation of loan funds; loan repayment contract
      requirements; rate of interest

-STATUTE-
      Unless otherwise provided in the Act authorizing construction of
    the project, the delivery and distribution of municipal and
    industrial water supplies shall be deemed to be an authorized
    project purpose under sections 421a to 421h of this title, and
    where appropriate, an allocation of loan funds acceptable to the
    Secretary shall be made between irrigation and municipal and
    industrial purposes. Loan repayment contracts shall require that
    the borrower pay interest on that portion of the unamortized loan
    obligation (including interest during construction) allocated in
    each year to municipal and industrial purposes at the rate provided
    in the Act authorizing the project, or absent such an authorized
    rate, at a rate determined by the Secretary of the Treasury as of
    the beginning of the fiscal year in which the contract, or contract
    amendment entered into pursuant to section 421f of this title, is
    executed, on the basis of the computed average interest rate
    payable by the Treasury upon its outstanding marketable public
    obligations which are neither due nor callable for redemption for
    fifteen years from date of issue, and by adjusting such average
    rate to the nearest one-eighth of 1 per centum.

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 5, as added Pub. L. 92-487, Oct. 3,
    1972, 86 Stat. 805.)

-End-

-CITE-
    43 USC Sec. 421f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421f. Existing loan contracts; negotiation by Secretary of
      amendments

-STATUTE-
      The Secretary is hereby authorized to negotiate amendments to
    existing water service and irrigation distribution system loan
    contracts to conform said contracts to the provisions of sections
    421a to 421h of this title.

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 6, as added Pub. L. 92-487, Oct. 13,
    1972, 86 Stat. 805.)

-End-

-CITE-
    43 USC Sec. 421g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421g. Existing rights unaffected

-STATUTE-
      Nothing in sections 421a to 421h of this title shall be construed
    to repeal or limit the procedural and substantive requirements of
    sections 372 and 383 of this title.

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 7, as added Pub. L. 92-487, Oct. 13,
    1972, 86 Stat. 806.)

-End-

-CITE-
    43 USC Sec. 421h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 421h. Procedural and substantive requirements applicable to
      works financed by loans pursuant to sections 421a to 421h of this
      title

-STATUTE-
      Works financed by loans made under sections 421a to 421h of this
    title shall be subject to all procedural and substantive
    requirements of the Fish and Wildlife Coordination Act [16 U.S.C.
    661 et seq.], the Federal Water Pollution Control Act, as amended
    [33 U.S.C. 1251 et seq.], and the National Environmental Policy Act
    of 1969 [42 U.S.C. 4321 et seq.].

-SOURCE-
    (July 4, 1955, ch. 271, Sec. 8, as added Pub. L. 92-487, Oct. 13,
    1972, 86 Stat. 806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Fish and Wildlife Coordination Act, referred to in text, is
    act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is
    classified generally to sections 661 to 666c of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set under section 661 of Title 16 and Tables.
      The Federal Water Pollution Control Act, as amended, referred to
    in text, is act June 30, 1948, ch. 758, as amended generally by
    Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
    classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
    Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.
      The National Environmental Policy Act of 1969, referred to in
    text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
    which is classified generally to chapter 55 (Sec. 4321 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.

-End-

-CITE-
    43 USC Sec. 422                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER III - INSTITUTION AND CONSTRUCTION OF PROJECTS

-HEAD-
    Sec. 422. Construction of dams across Yellowstone River

-STATUTE-
      Where, in carrying out projects under the provisions of the
    national reclamation Act it shall be necessary to construct dams in
    or across the Yellowstone River in the State of Montana, the
    Secretary of the Interior is hereby authorized to construct and use
    and operate the same in the manner and for the purposes
    contemplated by said reclamation Act.

-SOURCE-
    (Mar. 3, 1905, ch. 1476, 33 Stat. 1045.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The national reclamation Act, referred to in text, probably means
    act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-End-

-CITE-
    43 USC SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
              SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS          

-End-

-CITE-
    43 USC Sec. 422a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422a. Declaration of purpose

-STATUTE-
      The purpose of this subchapter is to encourage State and local
    participation in the development of projects under the Federal
    reclamation laws, with emphasis on rehabilitation and betterment of
    existing projects for purposes of significant conservation of
    water, energy and the environment and for purpose of water quality
    control, and to provide for Federal assistance in the development
    of similar projects in the seventeen western reclamation States by
    non-Federal organizations.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 1, 70 Stat. 1044; Pub. L. 99-546,
    title III, Sec. 302, Oct. 27, 1986, 100 Stat. 3053.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, are defined in
    section 422b of this title.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-546 inserted ", with emphasis on rehabilitation
    and betterment of existing projects for purposes of significant
    conservation of water, energy and the environment and for purpose
    of water quality control," after "laws".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 310 of title III of Pub. L. 99-546 provided that: "The
    provisions of Sections 303 and 308 of this title [amending sections
    422c and 422h of this title] shall take effect upon enactment of
    this title [Oct. 27, 1986]. The provisions of sections 304(a) and
    305 of this title [amending section 422d of this title] shall be
    applicable to all proposals for which final applications are
    received by the Secretary after January 1, 1986. The provisions of
    Sections 302, 304(b), 306, and 307 [amending this section and
    sections 422d and 422e of this title] shall be applicable to all
    proposals for which draft applications are received by the
    Secretary after Auguest [sic] 15, 1986."

                               SEPARABILITY                           
      Section 12 of act Aug. 6, 1956, provided that: "If any provisions
    of this Act [enacting this subchapter] or the application of such
    provision to any person, organization, or circumstance shall be
    held invalid, the remainder of the Act and the application of such
    provision to persons, organizations, or circumstances other than
    those as to which it is held invalid shall not be affected
    thereby."

-End-

-CITE-
    43 USC Sec. 422b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422b. Definitions

-STATUTE-
      As used in this subchapter - 
      (a) The term "construction" shall include rehabilitation and
    betterment.
      (b) The term "Federal reclamation laws" shall mean the Act of
    June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or
    supplementary thereto.
      (c) The term "organization" shall mean a State or a department,
    agency, or political subdivision thereof or a conservancy district,
    irrigation district, water users' association, an agency created by
    interstate compact, or similar organization which has capacity to
    contract with the United States under the Federal reclamation laws.
      (d) The term "project" shall mean (i) any complete irrigation
    project, or (ii) any multiple-purpose water resource project that
    is authorized or is eligible for authorization under the Federal
    reclamation laws, or (iii) any distinct unit of a project described
    in clause (i) and (ii) or (iv) any project for the drainage of
    irrigated lands, without regard to whether such lands are irrigated
    with water supplies developed pursuant to the Federal reclamation
    laws, or (v) any project for the rehabilitation and betterment of a
    project or distinct unit described in clauses (i), (ii), (iii), and
    (iv): Provided, That the estimated total cost of the project
    described in clause (i), (ii), (iii), (iv), or (v) does not exceed
    the maximum allowable estimated total project cost as determined by
    subsection (f) hereof: Provided further, That a project described
    in clause (i), (ii), or (iii) may consist of existing facilities as
    distinct from newly constructed facilities, and funds made
    available pursuant to this subchapter may be utilized to acquire
    such facilities subject to a determination by the Secretary that
    such facilities meet standards of design and construction which he
    shall promulgate and that the cost of such existing facilities
    represent less than fifty per centum of the cost of the project.
    Nothing contained in this subchapter shall preclude the making of
    more than one loan or grant, or combined loan and grant, to an
    organization so long as no two such loans or grants, or
    combinations thereof, are for the same project, as herein defined.
      (e) The term "Secretary" shall mean the Secretary of the
    Interior.
      (f) The maximum allowable estimated total project cost of a
    proposal submitted during any given calendar year shall be
    determined by the Secretary using the Bureau of Reclamation
    composite construction cost index for January of that year with
    $15,000,000 as the January 1971 base.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 2, 70 Stat. 1044; Pub. L. 89-553, Sec.
    1(1), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(1), Nov.
    24, 1971, 85 Stat. 488; Pub. L. 94-181, Sec. 1(a), (b), Dec. 27,
    1975, 89 Stat. 1049.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in par. (b), is popularly known
    as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (d). Pub. L. 94-181, Sec. 1(a), substituted
    provisions limiting the estimated cost of the project described in
    cls. (i), (ii), (iii), (iv), and (v) to the maximum allowable
    estimated total project cost as determined by subsection (f) of
    this section, for provisions limiting the estimated cost of such
    projects to $15,000,000, and inserted proviso relating to a project
    described in cl. (i), (ii), or (iii).
      Subsec. (f). Pub. L. 94-181, Sec. 1(b), added subsec. (f).
      1971 - Subsec. (d). Pub. L. 92-167 redefined the size and
    character of projects which are eligible for approval under the
    program, increasing money limitation from $1,000,000 to $15,000,000
    and making projects eligible, without being only for irrigation,
    for single purpose irrigation, single purpose drainage, multiple
    purpose, a distinct unit of the foregoing, or rehabilitation of any
    of the foregoing.
      1966 - Subsec. (d). Pub. L. 89-553 raised from $5,000,000 to
    $6,500,000 the maximum amount for a loan or grant for a particular
    project.

                   RETROACTIVE EFFECT OF 1966 AMENDMENT               
      Section 2 of Pub. L. 89-553 provided that: "Nothing contained in
    this Act [amending this section and sections 422d, 422e, 422h, and
    422j of this title] shall be applicable to or affect in any way the
    terms on which any loan or grant has been made prior to the
    effective date of this Act [Sept. 2, 1966]."

-End-

-CITE-
    43 USC Sec. 422c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422c. Proposals; submission; payment for cost of examination

-STATUTE-
      Any organization desiring to avail itself of the benefits
    provided in this subchapter shall submit a proposal therefor to the
    Secretary in such form and manner as he shall prescribe. Each such
    proposal shall be accompanied by a payment of $5,000 to defray, in
    part, the cost of examining the proposal.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 3, 70 Stat. 1044; Pub. L. 99-546,
    title III, Sec. 303, Oct. 27, 1986, 100 Stat. 3053.)

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-546 substituted "$5,000" for "$1,000".

-End-

-CITE-
    43 USC Sec. 422d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422d. Contents of proposals

-STATUTE-
    (a) Plans and estimates; review by States; allocation of capital
      costs
      Any proposal with respect to the construction of a project which
    has not theretofore been authorized for construction under the
    Federal reclamation laws shall set forth, among other things, a
    plan and estimated cost in detail comparable to those included in
    preauthorization reports required for a Federal reclamation
    project; shall have been submitted for review by the States of the
    drainage basin in which the project is located in like manner as
    provided in section 701-1(c) of title 33, except that the review
    may be limited to the State or States in which the project is
    located if the proposal is one solely for rehabilitation and
    betterment of an existing project; and shall include a proposed
    allocation of capital costs to functions such that costs for
    facilities used for a single purpose shall be allocated to that
    purpose and costs for facilities used for more than one purpose
    shall be so allocated among the purposes served that each purpose
    will share equitably in the costs of such joint facilities. The
    costs of means and measures to prevent loss of and damage to fish
    and wildlife resources shall be considered as project costs and
    allocated as may be appropriate among project functions.
    (b) Lands and water rights; ownership; financing
      (1) Every such proposal shall include a showing that the
    organization already holds or can acquire all lands and interests
    in land (except public and other lands and interests in land owned
    by the United States which are within the administrative
    jurisdiction of the Secretary and subject to disposition by him)
    and rights, pursuant to applicable State law, to the use of water
    necessary for the successful construction, operation, and
    maintenance of the project and that it is ready, able, and willing
    to finance otherwise than by loan and grant of Federal funds such
    portion of the cost of the project (which portion shall include all
    costs of acquiring lands, interests in land, and rights to the use
    of water), except as provided in section 422e(b)(2) of this title
    as the Secretary shall have advised is proper in the circumstances.
      (2) The Secretary shall require each organization to contribute
    toward the cost of the project (other than by loan and/or grant of
    Federal funds) an amount equal to 25 percent or more of the
    allowable estimated cost of the project: Provided, That the
    Secretary, at his discretion, may reduce the amount of such
    contribution to the extent that he determines that the organization
    is unable to secure financing from other sources under reasonable
    terms and conditions, and shall include letters from lenders or
    other written evidence in support of any funding of an applicant's
    inability to secure such financing in any project proposal
    transmitted to the Congress: Provided further, That under no
    circumstances shall the Secretary reduce the amount of such
    contribution to less than 10 percent of the allowable estimated
    total project costs. In determining the amount of the contribution
    as required by this paragraph, the Secretary shall credit toward
    that amount the cost of investigations, surveys, engineering, and
    other services necessary to the preparation of proposals and plans
    for the project as required by the Secretary, and the costs of
    lands and rights-of-way required for the project, and the $5,000
    fee described in section 422c of this title. In determining the
    allowable estimated cost of the project, the Secretary shall not
    include the amount of grants accorded to the organization under
    section 422e(b) of this title.
    (c) Transmittal of findings and approval to Congress; certification
      of soil survey; reservation of land
      At such time as a project is found by the Secretary and the
    Governor of the State in which it is located (or an appropriate
    State agency designated by him) to be financially feasible, is
    determined by the Secretary to constitute a reasonable risk under
    the provisions of this subchapter, and is approved by the
    Secretary, such findings and approval shall be transmitted to the
    Congress. Each project proposal transmitted by the Secretary to the
    Congress shall include a certification by the Secretary that an
    adequate soil survey and land classification has been made, or that
    the successful irrigability of those lands and their susceptibility
    to sustained production of agricultural crops by means of
    irrigation has been demonstrated in practice. Such proposal shall
    also include an investigation of soil characteristics which might
    result in toxic or hazardous irrigation return flows. The
    Secretary, at the time of submitting the project proposal to
    Congress or at the time of his determination that the requested
    project constitutes a reasonable risk under the provisions of this
    subchapter, may reserve from use or disposition inimical to the
    project any lands and interests in land owned by the United States
    which are within his administrative jurisdiction and subject to
    disposition by him and which are required for use by the project.
    Any such reservation shall expire at the end of two years unless
    the contract provided for in section 422e of this title shall have
    been executed.
    (d) Amount of loan and/or grant; increase by Secretary
      At the time of his submitting the project proposal to the
    Congress, or at any subsequent time prior to completion of
    construction of the project, including projects heretofore
    approved, the Secretary may increase the amount of the requested
    loan and/or grant to an amount within the maximum allowed by
    section 422e(a) of this title, as amended by Pub. L. 94-181, to
    compensate for increases in construction costs due to price
    escalation.
    (e) Appropriation; nonapplicability
      No appropriation shall be made for financial participation in any
    such project prior to sixty calendar days (which sixty days,
    however, shall not include days on which either the House of
    Representatives or the Senate is not in session because of an
    adjournment of more than three calendar days to a day certain) from
    the date on which the Secretary's findings and approval are
    submitted to the Congress and then only if, within said sixty days,
    neither the Committee on Natural Resources of the House of
    Representatives nor the Committee on Energy and Natural Resources
    of the Senate disapproves the project proposal by committee
    resolution. The provisions of this subsection (e) shall not be
    applicable to proposals made under section 422f of this title.
    (f) Consideration of financial feasibility, emergency, or urgent
      need; jurisdiction and control of project works and facilities
      The Secretary shall give due consideration to financial
    feasibility, emergency, or urgent need for the project. All project
    works and facilities constructed under this subchapter shall remain
    under the jurisdiction and control of the local contracting
    organization subject to the terms of the repayment contract.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 4, 70 Stat. 1044; Pub. L. 85-47, Sec.
    1(a), (b), June 5, 1957, 71 Stat. 48; Pub. L. 89-553, Sec. 1(2),
    (3), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(2), Nov.
    24, 1971, 85 Stat. 488; Pub. L. 94-181, Sec. 1(c)-(e), Dec. 27,
    1975, 89 Stat. 1049, 1050; Pub. L. 99-546, title III, Secs. 304,
    305, Oct. 27, 1986, 100 Stat. 3053, 3054; Pub. L. 103-437, Sec.
    16(b), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in subsec. (a), are
    defined in section 422b of this title.
      For the amendment of section 422e(a) of this title by Pub. L. 94-
    181, referred to in subsec. (d), see 1975 Amendment note set out
    under section 422e of this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (e). Pub. L. 103-437 substituted "Committee on
    Natural Resources of the House of Representatives nor the Committee
    on Energy and Natural Resources of the Senate" for "House nor the
    Senate Interior and Insular Affairs Committee".
      1986 - Subsec. (b)(1). Pub. L. 99-546, Sec. 304(a), designated
    existing provisions as par. (1) and substituted "grant of Federal
    funds" for "grant under this subchapter".
      Subsec. (b)(2). Pub. L. 99-546, Sec. 304(b), added par. (2).
      Subsec. (c). Pub. L. 99-546, Sec. 305, inserted provisions which
    required certification by Secretary relating to soil survey, land
    classification, or successful irrigability, and investigation of
    soil for toxic or hazardous irrigation return flows.
      1975 - Subsec. (d). Pub. L. 94-181, Sec. 1(c), (d), added subsec.
    (d). Former subsec. (d) redesignated (e).
      Subsecs. (e), (f). Pub. L. 94-181, Sec. 1(d), (e), redesignated
    former subsec. (d) as (e), substituted "(e)" for "(d)", and
    redesignated former subsec. (e) as (f).
      1971 - Subsec. (e). Pub. L. 92-167 substituted in first sentence
    "project" for "project, whether the proposal involves furnishing
    supplemental irrigation water for an existing irrigation project,
    whether the proposal involves rehabilitation of existing irrigation
    project works, and whether the proposed project is primarily for
    irrigation".
      1966 - Subsec. (a). Pub. L. 89-553, Sec. 1(2), extended project
    costs to include the cost of means and measures to prevent loss of
    and damage to fish and wildlife resources and authorized allocation
    of such costs as may be appropriate among project functions.
      Subsec. (b). Pub. L. 89-553, Sec. 1(3), substituted "cost of the
    project" for "cost of construction" in provision requiring that the
    organization be ready, able, and willing to finance by other than
    loan or grant whatever costs the Secretary advises, inserted
    reference to section 422e(b)(2) of this title as an exception to
    the costs which the organization must be able to finance other than
    by loan or grant, and struck out proviso that the contribution by
    the applicant organization shall not be required in excess of 25
    per centum of the costs of the project which, if it were being
    constructed as a Federal reclamation project, would be properly
    allocable to reimbursable functions under general provisions of law
    applicable to such projects.
      1957 - Subsec. (c). Pub. L. 85-47, Sec. 1(a), changed language
    generally, and struck out provisions which authorized Secretary to
    negotiate a contract as provided in section 422e of this title,
    with the provision that no such contract be executed by him prior
    to sixty days from date project proposal was submitted to both
    branches of Congress for committee consideration, and then only if
    neither committee disapproved proposal within the period, but that
    if both committees approved he could execute contract, and that if
    either committee disapproved, he could not proceed unless Congress
    approved.
      Subsecs. (d), (e). Pub. L. 85-47, Sec. 1(b), added subsec. (d)
    and redesignated former subsec. (d) as (e).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by sections 304(a) and 305 of Pub. L. 99-546 applicable
    to all proposals for which final applications are received by
    Secretary after Jan. 1, 1986, and amendment by section 304(b) of
    Pub. L. 99-546 applicable to all proposals for which draft
    applications are received by Secretary after Aug. 15, 1986, see
    section 310 of Pub. L. 99-546, set out as a note under section 422a
    of this title.

                   RETROACTIVE EFFECT OF 1966 AMENDMENT               
      Amendment by Pub. L. 89-553 not to be applicable to or affect in
    any way the terms on which any loan or grant was made prior to the
    effective date of Pub. L. 89-553, Sept. 2, 1966, see section 2 of
    Pub. L. 89-553, set out as a note under section 422b of this title.

-End-

-CITE-
    43 USC Sec. 422e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422e. Contract requirements

-STATUTE-
      Upon approval of any project proposal by the Secretary under the
    provisions of section 422d of this title, he may negotiate a
    contract which shall set out, among other things - 
        (a) the maximum amount of any loan to be made to the
      organization and the time and method of making the same available
      to the organization. Said loan shall not exceed the lesser of (1)
      two-thirds of the maximum allowable estimated total project cost
      as determined by section 422b(f) of this title, or (2) the
      estimated total cost of the project minus the contribution of the
      local organization as provided in section 422d(b) of this title
      and the amount of the grant approved;
        (b) the maximum amount of any grant to be accorded the
      organization. Said grant shall not exceed the sum of the
      following: (1) the costs of investigations, surveys, and
      engineering and other services necessary to the preparation of
      proposals and plans for the project allocable to fish and
      wildlife enhancement or public recreation; (2) one-half the costs
      of acquiring lands or interests therein to serve exclusively the
      purposes of fish and wildlife enhancement or public recreation,
      plus the costs of acquiring joint use lands and interests therein
      properly allocable to fish and wildlife enhancement and public
      recreation; (3) one-half the costs of basic public outdoor
      recreation facilities or facilities serving fish and wildlife
      enhancement purposes exclusively; (4) one-half the costs of
      construction of joint use facilities properly allocable to fish
      and wildlife enhancement or public recreation; (5) that portion
      of the estimated cost of constructing the project which, if it
      were constructed as a Federal reclamation project, would be
      properly allocable to functions, other than recreation and fish
      and wildlife enhancement and flood control, which are
      nonreimbursable under general provisions of law applicable to
      such projects; and (6) that portion of the estimated cost of
      constructing the project which is allocable to flood control and
      which would be nonreimbursable under general provisions of law
      applicable to projects constructed by the Secretary of the
      Army.(!1)

        (c) a plan of repayment by the organization of (1) the sums
      lent to it in not more than forty years from the date when the
      principal benefits of the project first become available; (2)
      interest, as determined by the Secretary of the Treasury, as of
      the beginning of the fiscal year in which the contract is
      executed, on the basis of the average market yields on
      outstanding marketable obligations of the United States with
      remaining periods of maturity comparable to the applicable
      reimbursement period of the project, adjusted to the nearest one-
      eighth of 1 percent on the unamortized balance of any portion of
      the loan - 
          (A) which is attributable to furnishing irrigation benefits
        in each particular year to land held in private ownership by a
        qualified recipient or by a limited recipient, as such terms
        are defined in section 390bb of this title, in excess of three
        hundred and twenty irrigable acres; or,
          (B) which is allocated to domestic, industrial, or municipal
        water supply, commercial power, fish and wildlife enhancement,
        or public recreation except that portion of such allocation
        attributable to furnishing benefits to a facility operated by
        an agency of the United States, which portion shall bear no
        interest.(!1)

        (d) provision for operation of the project, if a grant
      predicated upon its performance of nonreimbursable functions is
      made, in accordance with regulations with respect thereto
      prescribed by the head of the Federal department or agency
      primarily concerned with those functions and, in the event of
      noncompliance with such regulations, for operation by the United
      States or for repayment to the United States of the amount of any
      such grant;
        (e) such provisions as the Secretary shall deem necessary or
      proper to provide assurance of and security for prompt repayment
      of the loan and interest as aforesaid. The liability of the
      United States under any contract entered into pursuant to this
      subchapter shall be contingent upon the availability of
      appropriations to carry out the same, and every such contract
      shall so recite; and
        (f) provisions conforming to the preference requirements
      contained in the proviso to section 485h(c) of this title, if the
      project produces electric power for sale.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 5, 70 Stat. 1046; Pub. L. 85-47, Sec.
    1(c), June 5, 1957, 71 Stat. 49; Pub. L. 89-553, Sec. 1(4), Sept.
    2, 1966, 80 Stat. 376; Pub. L. 92-167, Sec. 1(3)-(6), Nov. 24,
    1971, 85 Stat. 488; Pub. L. 94-181, Sec. 1(f), Dec. 27, 1975, 89
    Stat. 1050; Pub. L. 96-336, Sec. 8(b), Sept. 4, 1980, 94 Stat.
    1065; Pub. L. 97-293, title II, Sec. 223, Oct. 12, 1982, 96 Stat.
    1272; Pub. L. 99-546, title III, Secs. 306, 307, Oct. 27, 1986, 100
    Stat. 3054.)

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b). Pub. L. 99-546, Sec. 306, struck out "and"
    before "(5)" and substituted "and flood control, which are
    nonreimbursable under general provisions of law applicable to such
    projects; and (6) that portion of the estimated cost of
    constructing the project which is allocable to flood control and
    which would be nonreimbursable under general provisions of law
    applicable to projects constructed by the Secretary of the Army."
    for ", which are nonreimbursable under general provisions of law
    applicable to such projects: Provided, That the cost of
    constructing the project as used in this subsection shall be
    exclusive of the cost of lands and interests in land;".
      Subsec. (c)(1). Pub. L. 99-546, Sec. 307(a), substituted "forty"
    for "fifty".
      Subsec. (c)(2). Pub. L. 99-546, Sec. 307(b), amended cl. (2)
    generally. Prior to amendment, cl. (2) read as follows: "interest,
    as determined by the Secretary of the Treasury, as of the beginning
    of the fiscal year in which the contract is executed, on the basis
    of the computed average interest rate payable by the Treasury upon
    its outstanding marketable public obligations, which are neither
    due nor callable for redemption for fifteen years from date of
    issue, and by adjusting such average rate to the nearest one-eighth
    of 1 per centum, on that portion of the loan which is attributable
    to furnishing irrigation benefits in each particular year to land
    held in private ownership by a qualified recipient, as such term is
    defined in section 390bb of this title, in excess of nine hundred
    and sixty irrigable acres, or by a limited recipient, as such term
    is defined in section 390bb of this title, in excess of three
    hundred and twenty irrigable acres; and".
      Subsec. (c)(3). Pub. L. 99-546, Sec. 307(c), struck out cl. (3)
    which read as follows: "in the case of any project involving an
    allocation to domestic, industrial, or municipal water supply,
    commercial power, fish and wildlife enhancement, or public
    recreation, interest on the unamortized balance of an appropriate
    portion of the loan at a rate as determined in (2) above; Except
    that portion of said allocation attributable to furnishing benefits
    to a facility operated by an agency of the United States, which
    portion shall bear no interest;".
      1982 - Subsec. (c)(2). Pub. L. 97-293 substituted "by a qualified
    recipient, as such term is defined in section 390bb of this title,
    in excess of nine hundred and sixty irrigable acres, or by a
    limited recipient, as such term is defined in section 390bb of this
    title, in excess of three hundred and twenty irrigable acres" for
    "by any one owner in excess of one hundred and sixty irrigable
    acres".
      1980 - Subsec. (c). Pub. L. 96-336 inserted "Except that portion
    of said allocation attributable to furnishing benefits to a
    facility operated by an agency of the United States, which portion
    shall bear no interest;" at end of subsec. (c).
      1975 - Subsec. (a)(1). Pub. L. 94-181 substituted "two-thirds of
    the maximum allowable estimated total project cost as determined by
    section 422b(f) of this title," for "$10,000,000".
      1971 - Subsec. (a)(1). Pub. L. 92-167, Sec. 1(3), substituted
    "$10,000,000" for "$6,500,000".
      Subsec. (b)(2). Pub. L. 92-167, Sec. 1(4), substituted provision
    for inclusion of one-half of land acquisition costs to serve
    exclusively the purposes of fish and wildlife enhancement and
    public recreation, for prior inclusion of such costs for a
    reservoir or other area to be operated for fish and wildlife
    enhancement and public recreation purposes and provided for
    inclusion of costs of acquiring joint use lands and interests
    therein properly allocable to fish and wildlife enhancement and
    public recreation.
      Subsec. (b)(5). Pub. L. 92-167, Sec. 1(5), inserted proviso
    excluding from cost of constructing projects, as used in this
    subsection, cost of lands and interests in land.
      Subsec. (c)(3). Pub. L. 92-167, Sec. 1(6), required reimbursable
    fish and wildlife and recreation costs to be repaid with interest
    at rate determined by formula set forth in subsec. (c)(2) of this
    section.
      1966 - Pub. L. 89-553 substituted the lesser of $6,500,000 or the
    estimated total cost of the project minus the contribution of the
    local organization as provided in section 422d(b) of this title and
    the amount of the grant for the portion of the estimated cost of
    constructing the project which, if it were being constructed as a
    Federal reclamation project, would be properly allocable to
    reimbursable functions under general provisions of law applicable
    to such projects as the maximum amount of the loan, struck out the
    time and method of paying a grant to an organization from the list
    of contract terms, added factors involving fish and wildlife
    enhancement and public recreation to the factors adding up to the
    figure comprising the maximum allowable grant, and altered the
    requirements of the interest term by substituting the computed
    average interest rate payable by the Treasury upon its outstanding
    marketable public obligations which are neither due nor callable
    for redemption for fifteen years from date of issue for the
    estimate of the average annual yield to maturity, on the basis of
    daily closing market bid quotations or prices during the month of
    May preceding the fiscal year in which the loan is made, on all
    outstanding marketable obligations of the United States having a
    maturity date of fifteen or more years from May 1 of the year.
      1957 - Pub. L. 85-47 substituted "Upon approval of any project
    proposal by the Secretary under the provisions of section 422d of
    this title, he may negotiate a contract which" for "Any contract
    authorized to be negotiated under the provisions of subsection (c)
    of section 422d of this title".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-546 applicable to all proposals for which
    draft applications are received by Secretary after Aug. 15, 1986,
    see section 310 of Pub. L. 99-546, set out as a note under section
    422a of this title.

                   RETROACTIVE EFFECT OF 1966 AMENDMENT               
      Amendment by Pub. L. 89-553 not to be applicable to or affect in
    any way the terms on which any loan or grant was made prior to the
    effective date of Pub. L. 89-553, Sept. 2, 1966, see section 2 of
    Pub. L. 89-553, set out as a note under section 422b of this title.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

-End-

-CITE-
    43 USC Sec. 422f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422f. Proposals for projects previously authorized; waiver of
      requirements; approval; negotiation of contract

-STATUTE-
      Any proposal with respect to the construction of a project which
    has theretofore been authorized for construction under the Federal
    reclamation laws shall be made in like manner as a proposal under
    section 422d of this title, but the Secretary may waive such
    requirements of subsections (a) and (b) of section 422d of this
    title as he finds to be duplicative of, or rendered unnecessary or
    impossible by, action already taken by the United States. Upon
    approval of any such proposal by the Secretary he may negotiate and
    execute a contract which conforms, as nearly as may be, to the
    provisions of section 422e of this title.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 6, 70 Stat. 1046.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, are defined in
    section 422b of this title.

-End-

-CITE-
    43 USC Sec. 422g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422g. Information from Federal agencies; costs

-STATUTE-
      Upon request of an organization which has made or intends to make
    a proposal under this subchapter, the head of any Federal
    department or agency may make available to the organization any
    existing engineering, economic, or hydrologic information and
    printed material that it may have and that will be useful in
    connection with the planning, design, construction, or operation
    and maintenance of the project concerned. The reasonable cost of
    any plans, specifications, and other unpublished material furnished
    by the Secretary pursuant to this section and the cost of making
    and administering any loan under this subchapter shall, to the
    extent that they would not be nonreimbursable in the case of a
    project constructed under the Federal reclamation laws, be treated
    as a loan and covered in the provisions of the contract entered
    into under section 422e of this title unless they are otherwise
    paid for by the organization.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 7, 70 Stat. 1047.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, are defined in
    section 422b of this title.

-End-

-CITE-
    43 USC Sec. 422h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422h. Planning and construction; transfer of funds

-STATUTE-
      The planning and construction of projects undertaken pursuant to
    this subchapter shall be subject to all procedural requirements and
    other provisions of the Fish and Wildlife Coordination Act (48
    Stat. 401), as amended (16 U.S.C. 661 et seq.). The Secretary shall
    transfer to the Fish and Wildlife Service or to the National Marine
    Fisheries Service, out of appropriations or other funds made
    available under this subchapter, such funds as may be necessary to
    conduct the investigations required to carry out the purposes of
    this section.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 8, 70 Stat. 1047; Pub. L. 89-553, Sec.
    1(5), Sept. 2, 1966, 80 Stat. 377; Pub. L. 99-546, title III, Sec.
    308, Oct. 27, 1986, 100 Stat. 3055.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Fish and Wildlife Coordination Act (48 U.S.C. 401), as
    amended, referred to in text, is act Mar. 10, 1934, ch. 55, 48
    Stat. 401, as amended, which is classified generally to sections
    661 to 666c of Title 16, Conservation. For complete classification
    of this Act to the Code, see Short Title note set out under section
    661 of Title 16 and Tables.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-546 inserted provisions which related to
    transfer of funds for conduct of investigations to Fish and
    Wildlife Service or to National Marine Fisheries Service.
      1966 - Pub. L. 89-553 substituted "the Fish and Wildlife
    Coordination Act, as amended" for "the Act of Aug. 14, 1946 (60
    Stat. 1080)".

-End-

-CITE-
    43 USC Sec. 422i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422i. Rules and regulations

-STATUTE-
      The Secretary is authorized to perform any and all acts and to
    make such rules and regulations as may be necessary or proper in
    carrying out the provisions of this subchapter.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 9, 70 Stat. 1047.)

-End-

-CITE-
    43 USC Sec. 422j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422j. Appropriations; notice to Congress of receipt of
      proposal; funds to initiate proposal; availability of
      appropriations; reimbursement; limitations on expenditures in any
      single State; waiver

-STATUTE-
      There are authorized to be appropriated, such sums as may be
    necessary, but not to exceed $600,000,000, to carry out the
    provisions of this subchapter and, effective October 1, 1986, not
    to exceed an additional $600,000,000: Provided, That the Secretary
    shall advise the Congress promptly on the receipt of each proposal
    referred to in section 422c of this title, and no contract shall
    become effective until appropriated funds are available to initiate
    the specific proposal covered by each contract. All such
    appropriations shall remain available until expended and shall,
    insofar as they are used to finance loans made under this
    subchapter, be reimbursable in the manner hereinabove provided. Not
    more than 20 percent of the total amount of additional funds
    authorized to be appropriated effective October 1, 1986, for loans
    and grants pursuant to this subchapter shall be for projects in any
    single State: Provided, That beginning five years after October 27,
    1986, the Secretary is authorized to waive the 20 percent
    limitation for loans and grants which meet the purposes set forth
    in section 422a of this title: Provided further, That the decision
    of the Secretary to waive the limitation shall be submitted to the
    Congress together with the project proposal pursuant to section
    422d(c) of this title and shall become effective only if the
    Congress has not, within 60 legislative days, passed a joint
    resolution of disapproval for such a waiver.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 10, 70 Stat. 1047; Pub. L. 89-553,
    Sec. 1(6), Sept. 2, 1966, 80 Stat. 377; Pub. L. 92-167, Sec. 1(7),
    Nov. 24, 1971, 85 Stat. 488; Pub. L. 94-181, Sec. 1(g), Dec. 27,
    1975, 89 Stat. 1050; Pub. L. 96-336, Sec. 8(a), Sept. 4, 1980, 94
    Stat. 1065; Pub. L. 99-546, title III, Sec. 309, Oct. 27, 1986, 100
    Stat. 3055.)

-COD-
                               CODIFICATION                           
      "October 27, 1986," substituted in text for "the date of
    enactment of this Act", meaning the date of enactment of Pub. L. 99-
    546, which amended this section, rather than August 6, 1956, the
    date of enactment of this section, as the probable intent of
    Congress.

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-546 inserted "and effective October 1, 1986,
    not to exceed an additional $600,000,000" and inserted provisions
    at end limiting allocation for projects in any single State to 20
    percent of additional funds authorized to be appropriated effective
    Oct. 1, 1986, authorizing waiver of that limitation, and requiring
    submission of waiver decision to Congress.
      1980 - Pub. L. 96-336 substituted "$600,000,000" for
    "$400,000,000".
      1975 - Pub. L. 94-181 substituted "$400,000,000" for
    "$300,000,000".
      1971 - Pub. L. 92-167 substituted "$300,000,000" for
    "$200,000,000".
      1966 - Pub. L. 89-553 substituted "$200,000,000" for
    "$100,000,000".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 8(a) of Pub. L. 96-336 provided that the amendment made
    by such section 8(a) is effective Oct. 1, 1980.

-End-

-CITE-
    43 USC Sec. 422k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422k. Supplement to Federal reclamation laws; short title

-STATUTE-
      This subchapter shall be a supplement to the Federal reclamation
    laws and may be cited as the Small Reclamation Projects Act of
    1956.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 11, 70 Stat. 1047.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, are defined in
    section 422b of this title.

-End-

-CITE-
    43 USC Sec. 422k-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422k-1. Loan contracts for deferment of repayment
      installments; amendment or supplementation

-STATUTE-
      A loan contract negotiated and executed pursuant to this
    subchapter may be amended or supplemented for the purpose of
    deferring repayment installments in accordance with the provisions
    of section 485b-1(b) of this title.

-SOURCE-
    (Aug. 6, 1956, ch. 972, Sec. 13, as added Pub. L. 92-167, Sec.
    1(8), Nov. 24, 1971, 85 Stat. 488.)

-End-

-CITE-
    43 USC Sec. 422l                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IV - CONSTRUCTION OF SMALL PROJECTS

-HEAD-
    Sec. 422l. Application of this subchapter to Hawaii

-STATUTE-
      This subchapter as heretofore and hereafter amended, shall apply
    to the State of Hawaii.

-SOURCE-
    (Pub. L. 86-624, Sec. 31, July 12, 1960, 74 Stat. 421.)

-COD-
                               CODIFICATION                           
      Section was enacted as a part of the Hawaii Omnibus Act, and not
    as a part of the Small Reclamation Projects Act of 1956 which
    comprises this subchapter.

-End-

-CITE-
    43 USC SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS    01/02/2006 

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
            SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS        

-End-

-CITE-
    43 USC Sec. 423                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423. Permanently unproductive lands; exclusion from project;
      disposition of water right

-STATUTE-
      All lands found by the classification made under the supervision
    of the Board of Survey and Adjustments (House Document 201, 69th
    Congress, 1st Session, checked and modified as outlined in General
    Recommendations numbered 2 and 4, Page 60 of said document), to be
    permanently unproductive shall be excluded from the project and no
    water shall be delivered to them after the date of such exclusion
    unless and until they are restored to the project. Except as herein
    otherwise provided, the water right formerly appurtenant to such
    permanently unproductive lands shall be disposed of by the United
    States under the reclamation law: Provided, That the water users on
    the projects shall have a preference right to the use of the water:
    And provided further, That any surplus water temporarily available
    may be furnished upon a rental basis for use on lands excluded from
    the project under this section, on terms and conditions to be
    approved by the Secretary of the Interior.

-SOURCE-
    (May 25, 1926, ch. 383, Secs. 40, 41, 44 Stat. 647.)

-MISC1-
    SECTIONS 423 TO 423G AND 610 UNAFFECTED BY SECTIONS 451 TO 451K OF
                                THIS TITLE
      Section 10 of act Aug. 13, 1953, ch. 428, 67 Stat. 568, provided
    in part that: "Nothing contained in this Act [enacting sections 451
    to 451k of this title] shall be held to repeal, supersede, or
    supplement the provisions for exchange and matters related thereto
    contained in the Act of May 25, 1926 (44 Stat. 636), as amended and
    supplemented [sections 423 to 423g and 610 of this title]."

-End-

-CITE-
    43 USC Sec. 423a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423a. Construction charges on permanently unproductive lands
      already paid; disposition

-STATUTE-
      The construction charges prior to May 25, 1926, paid on
    permanently unproductive lands excluded from the project shall be
    applied as a credit on charges due or to become due on any
    remaining irrigable land covered by the same water-right contract
    or land taken in exchange as provided in section 423c of this
    title. If the charges so paid exceed the amount of all water-right
    charges due and unpaid, plus the construction charges not yet due,
    the balance shall be paid in cash to the holder of the water-right
    contract covering the land so excluded or to the irrigation
    district affected; which in turn shall be charged with the
    responsibility of making suitable adjustment with the landowners
    involved. Should all the irrigable lands of a water-right applicant
    be excluded from the project as permanently unproductive, and no
    exchange be made as provided in said section, the total
    construction charges paid before May 25, 1926, less any accrued
    charges on account of operation and maintenance, shall be refunded
    in cash, the water-right contract shall be canceled, and all liens
    on account of water-right charges shall be released.

-SOURCE-
    (May 25, 1926, ch. 383, Sec. 42, 44 Stat. 647.)

-End-

-CITE-
    43 USC Sec. 423b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423b. Suspension of payment of construction charges against
      areas temporarily unproductive

-STATUTE-
      The payment of all construction charges against said areas
    temporarily unproductive shall remain suspended until the Secretary
    of the Interior shall declare them to be possessed of sufficient
    productive power properly to be placed in a paying class, whereupon
    payment of construction charges against such areas shall be resumed
    or shall begin, as the case may be. Any payments made on such areas
    shall be credited to the unpaid balance of the construction charge
    on the productive area of each unit. Such credit shall be applied
    on and after April 23, 1930, which shall not be construed to
    require revision of accounts adjusted before April 23, 1930, under
    the provisions of this section as originally enacted. While said
    lands so classified as temporarily unproductive and the
    construction charges against them are suspended, water for
    irrigation purposes may be furnished upon payment of the usual
    operation and maintenance charges, or such other charges as may be
    fixed by the Secretary of the Interior the advance payment of which
    may be required, in the discretion of the said Secretary. Should
    said lands temporarily classed as unproductive, or any of them, in
    the future be found by the Secretary of the Interior to be
    permanently unproductive, the charges against them shall be charged
    off as a permanent loss to the reclamation fund and they shall
    thereupon be treated in the same manner as other permanently
    unproductive lands as provided in sections 423 to 423g and 610 of
    this title except that no refund shall be made of the construction
    charges paid on such unproductive areas and applied as a credit on
    productive areas as herein authorized.

-SOURCE-
    (May 25, 1926, ch. 383, Sec. 43, 44 Stat. 647; Apr. 23, 1930, ch.
    205, 46 Stat. 249.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 423 to 423g and 610 of this title, referred to in text,
    was in the original "this Act", meaning act of May 25, 1926, ch.
    383, 44 Stat. 636, as amended, which enacted sections 423 to 423g
    and 610 of this title. Section 610 of this title was omitted from
    the Code. For complete classification of this Act to the Code, see
    Tables.

-MISC1-
                                AMENDMENTS                            
      1930 - Act Apr. 23, 1930, provided that the credit shall be
    applied on or after April 23, 1930, and was not to be construed as
    requiring revision of accounts adjusted before such date, and that
    no refund shall be made of the charges on unproductive areas and
    applied as a credit on productive areas.

-End-

-CITE-
    43 USC Sec. 423c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423c. Exchange of unpatented entries; entries, farms or
      private lands, eliminated from project; rights not assignable;
      rights of lienholders; preference to ex-service men

-STATUTE-
      Settlers who have unpatented entries under any of the public land
    laws embracing lands which have been eliminated from the project,
    or whose entries under water rights have been so reduced that the
    remaining area is insufficient to support a family, shall be
    entitled to exchange their entries for other public lands within
    the same project or any other existing Federal reclamation project,
    with credit under the homestead laws for residence, improvement,
    and cultivation made or performed by them upon their original
    entries and with credit upon the new entry for any construction
    charges paid upon or in connection with the original entry:
    Provided, That when satisfactory final proof has been made on the
    original entry it shall not be necessary to submit final proof upon
    the lieu entry. Any entryman whose entry or farm unit is reduced by
    the elimination of permanently unproductive land shall be entitled
    to enter an equal amount of available public land on the same
    project contiguous to or in the vicinity of the farm unit reduced
    by elimination, with all credits in this section hereinbefore
    specified in lieu of the lands eliminated. Owners of private lands
    so eliminated from the project may, subject to the approval of the
    Secretary of the Interior, and free from all encumbrances,
    relinquish and convey to the United States lands so owned and held
    by them, not exceeding an area of one hundred and sixty acres, and
    select an equal area of vacant public land within the irrigable
    area of the same or any other Federal reclamation project, with
    credit upon the construction costs of the lands selected to the
    extent and in the amount paid upon or in connection with their
    relinquished lands, and the Secretary of the Interior is authorized
    to revise and consolidate farm units, so far as this may be made
    necessary or advisable, with a view to carrying out the provisions
    of this section: Provided further, That the rights extended under
    this section shall not be assignable: And provided further, That in
    administering the provisions of this section and section 423a of
    this title, the Secretary of the Interior shall take into
    consideration the rights and interests of lien holders, as to him
    may seem just and equitable: Provided further, That where two
    entrymen apply for the same farm unit under the exchange provisions
    of this section, only one whom (!1) is an ex-service man, as
    defined by section 438 (!2) of this title, the ex-service man shall
    have a preference in making such exchange.

-SOURCE-
    (May 25, 1926, ch. 383, Sec. 44, 44 Stat. 648.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in text, are classified
    generally to this title.
      Section 438 of this title, referred to in text, was repealed by
    act Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568. For provisions
    giving preference to ex-servicemen, see section 451g of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "one of whom".

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 423d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423d. Amendment of existing water right contracts by Secretary
      of the Interior

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to amend any existing water-right contract to the extent necessary
    to carry out the provisions of sections 423 to 423g and 610 of this
    title, upon request of the holder of such contract. The Secretary
    of the Interior, as a condition precedent to the amendment of any
    existing water-right contract, shall require the execution of a
    contract by a water-users' association or irrigation district
    whereby such association or irrigation district shall be required
    to pay to the United States, without regard to default in the
    payment of charges against any individual farm unit or tract of
    irrigable land, the entire charges against all productive lands
    remaining in the project after the permanently unproductive lands
    shall have been eliminated and the charges against temporarily
    unproductive areas shall have been suspended in the manner and to
    the extent authorized and directed by sections 423 to 423g and 610
    of this title.
      The Secretary is authorized, in his discretion, upon request of
    individual water users or districts, and upon performance of the
    condition precedent above set forth, to amend any existing water-
    right contract to provide for increase in the time for payment of
    construction charges, which have not been accrued, to the extent
    that may be necessary under the conditions in each case, subject to
    the limitation that there shall be allowed for repayment not more
    than forty years from the date the first payment matured under the
    original contract, and also to extend the time for payment of
    operation and maintenance or water-rental charges due and unpaid
    for such period as in his judgment may be necessary not exceeding
    five years, the charges so extended to bear interest payable
    annually at the rate of 6 per centum per annum until paid, and to
    contract for the payment of the construction charges then due and
    unpaid within such term of years as the Secretary may find to be
    necessary, with interest payable annually at the rate of 6 per
    centum per annum until paid.
      The Secretary of the Interior is authorized to complete and
    execute the supplemental contract, being negotiated on May 25,
    1926, and which had, on that date, been approved as to form by the
    Secretary, between the United States and the Belle Fourche
    Irrigation District and at the expiration of said supplemental
    contract to enter into a permanent contract on behalf of the United
    States with said District in accordance with the terms of said
    supplemental contract.

-SOURCE-
    (May 25, 1926, ch. 383, Sec. 45, 44 Stat. 648.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 423 to 423g and 610 of this title, referred to in text,
    was in the original "this Act", meaning act of May 25, 1926, ch.
    383, 44 Stat. 636, as amended, which enacted sections 423 to 423g
    and 610 of this title. Section 610 of this title was omitted from
    the Code. For complete classification of this Act to the Code, see
    Tables.

-COD-
                               CODIFICATION                           
      Section constitutes a part of section 45 of act May 25, 1926. The
    remainder of said section 45 (the third par. and the fourth par.,
    except the final proviso, which is classified as the last par. of
    this section) has been omitted.

-End-

-CITE-
    43 USC Sec. 423e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423e. Completion of new projects or new division; execution of
      contract with district as condition precedent to delivery of
      water; contents of contract; cooperation of States with United
      States; limitations on sale of land

-STATUTE-
      No water shall be delivered upon the completion of any new
    project or new division of a project until a contract or contracts
    in form approved by the Secretary of the Interior shall have been
    made with an irrigation district or irrigation districts organized
    under State law providing for payment by the district or districts
    of the cost of constructing, operating, and maintaining the works
    during the time they are in control of the United States, such cost
    of constructing to be repaid within such terms of years as the
    Secretary may find to be necessary, in any event not more than
    forty years from the date of public notice hereinafter referred to,
    and the execution of said contract or contracts shall have been
    confirmed by a decree of a court of competent jurisdiction. Prior
    to or in connection with the settlement and development of each of
    these projects, the Secretary of the Interior is authorized in his
    discretion to enter into agreement with the proper authorities of
    the State or States wherein said projects or divisions are located
    whereby such State or States shall cooperate with the United States
    in promoting the settlement of the projects or divisions after
    completion and in the securing and selecting of settlers. Such
    contract or contracts with irrigation districts hereinbefore
    referred to shall further provide that all irrigable land held in
    private ownership by any one owner in excess of one hundred and
    sixty irrigable acres shall be appraised in a manner to be
    prescribed by the Secretary of the Interior and the sale prices
    thereof fixed by the Secretary on the basis of its actual bona fide
    value at the date of appraisal without reference to the proposed
    construction of the irrigation works; and that no such excess lands
    so held shall receive water from any project or division if the
    owners thereof shall refuse to execute valid recordable contracts
    for the sale of such lands under terms and conditions satisfactory
    to the Secretary of the Interior and at prices not to exceed those
    fixed by the Secretary of the Interior; and that until one-half the
    construction charges against said lands shall have been fully paid
    no sale of any such lands shall carry the right to receive water
    unless and until the purchase price involved in such sale is
    approved by the Secretary of the Interior and that upon proof of
    fraudulent representation as to the true consideration involved in
    such sales the Secretary of the Interior is authorized to cancel
    the water right attaching to the land involved in such fraudulent
    sales: Provided, however, That if excess land is acquired by
    foreclosure or other process of law, by conveyance in satisfaction
    of mortgages, by inheritance, or by devise, water therefor may be
    furnished temporarily for a period not exceeding five years from
    the effective date of such acquisition, delivery of water
    thereafter ceasing until the transfer thereof to a landowner duly
    qualified to secure water therefor: Provided further, That the
    operation and maintenance charges on account of lands in said
    projects and divisions shall be paid annually in advance not later
    than March 1. It shall be the duty of the Secretary of the Interior
    to give public notice when water is actually available, and the
    operation and maintenance charges payable to the United States for
    the first year after such public notice shall be transferred to and
    paid as a part of the construction payment.

-SOURCE-
    (May 25, 1926, ch. 383, Sec. 46, 44 Stat. 649; July 11, 1956, ch.
    563, Sec. 1, 70 Stat. 524.)

-MISC1-
                                AMENDMENTS                            
      1956 - Act July 11, 1956, authorized delivery of water for not
    more than five years to excess lands acquired by foreclosure or
    other process of law, by conveyance in satisfaction of mortgages,
    by inheritance, or by devise.

      IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF
                         FEDERAL RECLAMATION LAWS
      Pub. L. 96-570, Sec. 4, Dec. 22, 1980, 94 Stat. 3340, provided
    that: "The following provisions of the Federal reclamation laws
    shall not apply to lands within the Imperial Irrigation District of
    California after the date of enactment of this Act [Dec. 22, 1980]:
        "(a) section 5 of the Act entitled 'An Act appropriating the
      receipts from the sale and disposal of public lands in certain
      States and Territories to the construction of irrigation works
      for the reclamation of arid lands', approved June 17, 1902 (43
      U.S.C. 431);
        "(b) section 46 of the Act entitled 'An Act to adjust water-
      right charges, to grant certain other relief on the Federal
      irrigation projects, and for other purposes', approved May 25,
      1926 (42 U.S.C. 423e) [this section]; and
        "(c) any other provision of law amendatory or supplementary to
      either of such sections."

                      AMENDMENT OF EXISTING CONTRACTS                  
      Section 3 of act July 11, 1956, provided that: "The Secretary of
    the Interior is authorized, upon request of any holder of an
    existing contract under the Federal reclamation laws (Act of June
    17, 1902, 32 Stat. 388, and Acts amendatory thereof or
    supplementary thereto), to amend the contract to conform to the
    provisions of sections 1 and 2 of this Act [amending sections 423e
    and 544 of this title]."

-End-

-CITE-
    43 USC Sec. 423f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423f. Purpose of sections 423 to 423g and 610

-STATUTE-
      The purpose of sections 423 to 423g and 610 of this title is the
    rehabilitation of the several reclamation projects and the insuring
    of their future success by placing them upon a sound operative and
    business basis, and the Secretary of the Interior is directed to
    administer said sections to those ends.

-SOURCE-
    (May 25, 1926, ch. 383, Sec. 48, 44 Stat. 650.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 423 to 423g and 610 of this title, referred to in text,
    was in the original "this Act", meaning act of May 25, 1926, ch.
    383, 44 Stat. 636, as amended, which enacted sections 423 to 423g
    and 610 of this title. Section 610 of this title has been omitted
    from the Code. For complete classification of this Act to the Code,
    see Tables.

-End-

-CITE-
    43 USC Sec. 423g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423g. Adjustment of water right charges as final adjudication
      on projects and divisions named

-STATUTE-
      The adjustments under sections 1 to 40, inclusive, of the Act of
    Congress of May 25, 1926, 44 Statutes 636, are declared to be an
    incident of the operation of the "reclamation law," a final
    adjudication on the projects and divisions named in such sections
    under the authority contained in section 466 of this title, and
    shall not after May 25, 1926, be construed to be the basis of
    reimbursement to the "reclamation fund" from the general fund of
    the Treasury or by the diversion to the "reclamation fund" of
    revenue of the United States not on May 25, 1926, required by law
    to be credited to such "reclamation fund."

-SOURCE-
    (May 25, 1926, ch. 383, Sec. 50, 44 Stat. 650.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1 to 40 of the Act of May 25, 1926, referred to in text,
    are not classified to the Code.
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 423h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 423h. Delivery of water to excess lands upon death of spouse

-STATUTE-
      Where the death of a husband or wife causes lands in private
    ownership to become excess lands, as that term is used in section
    423e of this title, and those lands had theretofore been eligible
    to receive water from a project under the Federal reclamation laws
    (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto)
    without execution of a recordable contract under section 423e of
    this title, the Secretary of the Interior is authorized to furnish
    water to them, without requiring execution of such a contract, so
    long as they remain in the ownership of the surviving spouse:
    Provided, That in the event of the remarriage of the surviving
    spouse, such lands shall be governed by applicable law without
    regard to the provisions of this section.

-SOURCE-
    (Pub. L. 86-684, Sept. 2, 1960, 74 Stat. 732.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 424                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 424. Disposal of lands classified as temporarily or
      permanently unproductive; persons who may take

-STATUTE-
      The Secretary of the Interior, hereinafter styled the Secretary,
    is authorized in connection with Federal irrigation projects to
    dispose of vacant public lands designated under sections 423 to
    423g and 610 of this title, as temporarily unproductive or
    permanently unproductive to resident farm owners, and resident
    entrymen on Federal irrigation projects, in accordance with the
    provisions of sections 424 to 424e of this title.

-SOURCE-
    (May 16, 1930, ch. 292, Sec. 1, 46 Stat. 367.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 423 to 423g and 610 of this title, referred to in text,
    was in the original "the Act of May 25, 1926", meaning act of May
    25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections
    423 to 423g and 610 of this title. Section 610 of this title has
    been omitted from the Code. For complete classification of this Act
    to the Code, see Tables.
      Hereinafter, referred to in text, means in sections 424a to 424d
    of this title.

-End-

-CITE-
    43 USC Sec. 424a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 424a. Sale of unproductive lands; terms; area purchasable;
      tracts included

-STATUTE-
      The Secretary is authorized to sell such lands to resident farm
    owners or resident entrymen, on the project upon which such land is
    located, at prices not less than that fixed by independent
    appraisal approved by the Secretary, and upon such terms and at
    private sale or at public auction as he may prescribe: Provided,
    That no such resident farm owner or resident entryman shall be
    permitted to purchase under sections 424 to 424e of this title more
    than one hundred and sixty acres of such land, or an area which,
    together with land already owned on such Federal irrigation
    project, shall exceed three hundred and twenty acres: And provided
    further, That the authority given hereunder shall apply not only to
    tracts wholly classified as temporarily or permanently
    unproductive, but also to all tracts of public lands within Federal
    irrigation projects which by reason of the inclusion of lands
    classified as temporarily or permanently unproductive are found by
    the Secretary to be insufficient to support a family and to pay
    water charges.

-SOURCE-
    (May 16, 1930, ch. 292, Sec. 2, 46 Stat. 367.)

-End-

-CITE-
    43 USC Sec. 424b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 424b. Application of certain statutes to lands sold

-STATUTE-
      All "permanently unproductive" and "temporarily unproductive"
    land now or hereafter designated under sections 423 to 423g and 610
    of this title, shall, when sold, remain subject to sections 423 and
    423b of this title. The exchange provisions of section 423c of this
    title, shall not be applicable to the land purchased under sections
    424 to 424e of this title.

-SOURCE-
    (May 16, 1930, ch. 292, Sec. 3, 46 Stat. 367.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 423 to 423g and 610 of this title, referred to in text,
    was in the original "the Act of May 25, 1926", meaning act of May
    25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections
    423 to 423g and 610 of this title. Section 610 of this title was
    omitted from the Code. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 424c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 424c. Issuance of patents; recitals in patents; reservations

-STATUTE-
      After the purchaser has paid to the United States all amounts due
    on the purchase price of said land, a patent shall issue which
    shall recite that the lands so patented have been classified in
    whole or in part as temporarily or permanently unproductive, as the
    case may be, under sections 423 to 423g and 610 of this title. Such
    patents shall also contain a reservation of a lien for water
    charges when deemed appropriate by the Secretary and reservations
    of coal or other mineral rights to the same extent as patents
    issued under the homestead laws.

-SOURCE-
    (May 16, 1930, ch. 292, Sec. 4, 46 Stat. 367.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 423 to 423g and 610 of this title, referred to in text,
    was in the original "the Adjustment Act of May 25, 1926", meaning
    act of May 25, 1926, ch. 383, 44 Stat. 636, as amended, which
    enacted sections 423 to 423g and 610 of this title. Section 610 of
    this title was omitted from the Code. For complete classification
    of this Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 424d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 424d. Use of moneys collected from sales, project construction
      charges and water rentals respecting unproductive lands

-STATUTE-
      In the absence of a contrary requirement in the contracts between
    the United States and the water users organization or district
    assuming liability for the payment of project construction charges,
    all sums collected under sections 424 to 424e this title from the
    sale of lands, from the payment of project construction charges on
    "temporarily unproductive" or "permanently unproductive" lands so
    sold, and (except as stated in this section) from water rentals,
    shall inure to the Reclamation Fund as a credit to the construction
    charge payable on May 16, 1930, by the water users under their
    present contracts, to the extent of the additional expense, if any,
    incurred by such water users in furnishing water to the
    unproductive area, while still in that status, as approved by the
    Commissioner of Reclamation and the balance as a credit to the sums
    heretofore written off in accordance with sections 423 to 423g and
    610 of this title. Where water rental collections under sections
    424 to 424e of this title are in excess of the current operation
    and maintenance charges, the excess as determined by the Secretary,
    shall, in the absence of such contrary contract provision, inure to
    the Reclamation Fund as above provided, but in all other cases the
    water rentals collected under sections 424 to 424e of this title
    shall be turned over to or retained by the operating district or
    association, where the project or part of the project from which
    the water rentals were collected is being operated and maintained
    by an irrigation district or water users association under contract
    with the United States.

-SOURCE-
    (May 16, 1930, ch. 292, Sec. 5, 46 Stat. 368.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 423 to 423g and 610 of this title, referred to in text,
    was in the original "said act of May 25, 1926", meaning act of May
    25, 1926, ch. 383, 44 Stat. 636, as amended, which enacted sections
    423 to 423g and 610 of this title. Section 610 of this title was
    omitted from the Code. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 424e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 424e. Authority of Secretary of the Interior; rules and
      regulations

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts and to make all rules and regulations necessary and proper
    for carrying out the purposes of sections 424 to 424e of this
    title.

-SOURCE-
    (May 16, 1930, ch. 292, Sec. 6, 46 Stat. 368.)

-End-

-CITE-
    43 USC Sec. 425                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 425. Exemption of lands owned by States, etc., from acreage
      limitation on receipt of irrigation benefits; determination of
      exempt status

-STATUTE-
      The provisions of Federal reclamation laws (Act of June 17, 1902,
    32 Stat. 388, and Acts amendatory thereof and supplemental thereto)
    which limit the acreage of irrigable land which may receive
    irrigation benefits from, through, or by means of Federal
    reclamation works, shall not be applicable to lands owned by
    States, political subdivisions, and agencies thereof, so long as
    such lands are farmed, primarily in the direct furtherance of a non-
    revenue-producing public function, as determined by the Secretary
    of the Interior; and to the extent that such lands continue to
    qualify for the exempted status afforded by this section they shall
    not be deemed to be excess lands for any purposes whatsoever under
    said reclamation laws.

-SOURCE-
    (Pub. L. 91-310, Sec. 1, July 7, 1970, 84 Stat. 411.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 425a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 425a. Eligibility of transferred lands owned by States, etc.,
      for receipt of water from a Federal reclamation project,
      division, or unit; conditions of eligibility; purchase price

-STATUTE-
      Irrigable lands owned by States, political subdivisions, and
    agencies thereof which do not fall within the provisions of section
    425 of this title may receive water from a Federal reclamation
    project, division, or unit if a valid recordable contract for the
    sale of such lands within ten years of the date of said contract
    has been executed under terms and conditions satisfactory to the
    Secretary of the Interior but without limitation upon selling
    price.
      The purchasers of lands sold under the provisions of this
    section, or the heirs and devisees of such purchasers, if otherwise
    eligible under reclamation law to receive project water for the
    lands purchased, shall not be disqualified for delivery of water by
    reason of the amount of the purchase price paid for said lands.

-SOURCE-
    (Pub. L. 91-310, Sec. 2, July 7, 1970, 84 Stat. 411.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, includes the act of
    June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
    Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 425b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER V - ADMINISTRATION OF EXISTING PROJECTS

-HEAD-
    Sec. 425b. Receipt of project water by lessees of irrigable lands
      owned by States, etc.; time limitation; applicability of acreage
      limitations

-STATUTE-
      Lessees of irrigable lands owned by States, political
    subdivisions, and agencies thereof which are held to be subject to
    the acreage limitation provisions of Federal reclamation law and
    for which recordable contracts to sell have not been made may
    receive project water from July 7, 1970, subject to the same
    acreage limitation provisions of Federal reclamation law as private
    landowners.

-SOURCE-
    (Pub. L. 91-310, Sec. 3, July 7, 1970, 84 Stat. 411; Pub. L. 97-
    293, title II, Sec. 224(d), Oct. 12, 1982, 96 Stat. 1272.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation law, referred to in text, includes the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-293 struck out "for a period not to exceed
    twenty-five years" after "may receive project water".

-End-

-CITE-
    43 USC SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND
           ENTRIES                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
         SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES     

-End-

-CITE-
    43 USC Sec. 431                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 431. Limitation as to amount of water; qualifications of
      applicant

-STATUTE-
      No right to the use of water for land in private ownership shall
    be sold for a tract exceeding one hundred and sixty acres to any
    one landowner, and no such sale shall be made to any landowner
    unless he be an actual bona fide resident on such land, or occupant
    thereof residing in the neighborhood of said land, and no such
    right shall permanently attach until all payments therefor are
    made.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389.)

-MISC1-
      IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF
                         FEDERAL RECLAMATION LAWS
      Nonapplicability of Federal reclamation laws to lands within
    Imperial Irrigation District of California, see section 4 of Pub.
    L. 96-570, set out as a note under section 423e of this title.

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 432                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 432. Entry under homestead laws generally

-STATUTE-
      Public lands which it is proposed to irrigate by means of any
    contemplated works shall be subject to entry only under the
    provisions of the homestead laws, and shall be subject to the
    limitations, charges, terms, and conditions herein provided:
    Provided, That the commutation provisions of the homestead laws
    shall not apply to entries made under this Act.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 17, 1902, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of part of section 3 of act June 17, 1902.
    Remainder of section 3 is classified to sections 416 and 434 of
    this title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 433                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 433. Character and capital qualification of entrymen

-STATUTE-
      The Secretary is authorized, under regulations to be promulgated
    by him, to require of each applicant including preference right ex-
    service men for entry to public lands on a project, such
    qualifications as to industry, experience, character, and capital,
    as in his opinion are necessary to give reasonable assurance of
    success by the prospective settler. The Secretary is authorized to
    appoint boards in part composed of private citizens, to assist in
    determining such qualifications.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. C, 43 Stat. 702.)

-MISC1-
            ADVANCES BY FARM SECURITY ADMINISTRATION AS CAPITAL        
      Act Aug. 7, 1939, ch. 509, 53 Stat. 1238, as amended June 17,
    1940, ch. 390, 54 Stat. 402; May 28, 1941, ch. 136, 55 Stat. 206;
    Aug. 1, 1942, ch. 540, 56 Stat. 732, authorized Secretary of the
    Interior during fiscal years 1940 to 1943 to consider money made
    available to settlers by the former Farm Security Administration to
    be all or part of the capital required under this section.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 433a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 433a. Preference of needy families

-STATUTE-
      It is declared to be the policy of the Congress that, in the
    opening to entry of newly irrigated public lands, preference shall
    be given to families who have no other means of earning a
    livelihood, or who have been compelled to abandon, through no fault
    of their own, other farms in the United States, and with respect to
    whom it appears after careful study, in the case of each such
    family, that there is a probability that such family will be able
    to earn a livelihood on such irrigated lands.

-SOURCE-
    (June 18, 1940, ch. 395, Sec. 1, 54 Stat. 439.)

-End-

-CITE-
    43 USC Sec. 434                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 434. Amount of land for which entry may be made; farm unit;
      subdivision of lands

-STATUTE-
      Public lands which it is proposed to irrigate by means of any
    contemplated works shall be subject to entry in tracts of not less
    than forty nor more than one hundred and sixty acres: Provided,
    That whenever, in the opinion of the Secretary of the Interior, by
    reason of market conditions and the special fitness of the soil and
    climate for the growth of fruit and garden produce, a lesser area
    than forty acres may be sufficient for the support of a family on
    lands to be irrigated under the provisions of the Act of June 17,
    1902, known as the reclamation Act, he may fix a lesser area than
    forty acres as the minimum entry and may establish farm units of
    not less than ten nor more than one hundred and sixty acres.
    Wherever it may be necessary, for the purpose of accurate
    description, to further subdivide lands to be irrigated under the
    provisions of said reclamation Act, the Secretary of the Interior
    may cause subdivision surveys to be made by the officers of the
    Bureau of Reclamation, which subdivisions shall be rectangular in
    form, except in cases where irregular subdivisions may be necessary
    in order to provide for practicable and economical irrigation. Such
    subdivision surveys shall be noted upon the tract books in the
    Bureau of Land Management, and they shall be paid for from the
    reclamation fund: Provided, That an entryman may elect to enter
    under said reclamation Act a lesser area than the minimum limit in
    any State or Territory.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 3, 32 Stat. 388; June 27, 1906, ch.
    3559, Sec. 1, 34 Stat. 519; 1946 Reorg. Plan No. 3, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, known as the reclamation Act, referred to
    in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of a part of section 3 of act June 17, 1902,
    and section 1 of act June 27, 1906. Remainder of section 3 of act
    June 17, 1902, is classified to sections 416 and 432 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Bureau of Land Management" substituted in text for "General Land
    Office" on authority of section 403 of Reorg. Plan No. 3 of 1946,
    set out as a note under section 1 of this title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 435                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 435. Entries in excess of farm unit

-STATUTE-
      All entries under reclamation projects containing more than one
    farm unit shall be reduced in area and conformed to a single farm
    unit within two years after making proof of residence, improvement,
    and cultivation, or within two years after the issuance of a farm-
    unit plat for the project, if the same issues subsequent to the
    making of such proof: Provided, That such proof is made within four
    years from the date as announced by the Secretary of the Interior
    that water is available for delivery for the land. Any entryman
    failing within the period herein provided to dispose of the excess
    of his entry above one farm unit, in the manner provided by law,
    and to conform his entry to a single farm unit shall render his
    entry subject to cancellation as to the excess above one farm unit:
    Provided, That upon compliance with the provisions of law such
    entryman shall be entitled to receive a patent for that part of his
    entry which conforms to one farm unit as established for the
    project.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 13, 38 Stat. 690.)

-End-

-CITE-
    43 USC Sec. 436                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 436. Time when entry may be made generally

-STATUTE-
      After June 25, 1910, no entry shall be made and no entryman shall
    be permitted to go upon lands reserved for irrigation purposes
    until the Secretary of the Interior shall have established the unit
    of acreage per entry, and water is ready to be delivered for the
    land in such unit or some part thereof and such fact has been
    announced by the Secretary of the Interior.

-SOURCE-
    (June 25, 1910, ch. 407, Sec. 5, 36 Stat. 836; Feb. 18, 1911, ch.
    111, 36 Stat. 918; Aug. 13, 1914, ch. 247, Sec. 10, 38 Stat. 689.)

-COD-
                               CODIFICATION                           
      Section comprises part of section 5 of act June 25, 1910, as
    amended by acts Feb. 18, 1911 and Aug. 13, 1914. Remainder of
    section 5 is set out as section 437 of this title.

-End-

-CITE-
    43 USC Sec. 437                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 437. Lands as to which entries made prior to June 25, 1910,
      have been relinquished

-STATUTE-
      Where entries made prior to June 25, 1910, have been or may be
    relinquished, in whole or in part, the lands so relinquished shall
    be subject to settlement and entry under the reclamation law.

-SOURCE-
    (June 25, 1910, ch. 407, Sec. 5, 36 Stat. 836; Feb. 18, 1911, ch.
    111, 36 Stat. 918; Aug. 13, 1914, ch. 247, Sec. 10, 38 Stat. 689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section comprises part of section 5 of act June 25, 1910, as
    amended by acts Feb. 18, 1911 and Aug. 13, 1914. Remainder of
    section 5 is set out as section 436 of this title.

-End-

-CITE-
    43 USC Sec. 438                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 438. Repealed. Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568

-MISC1-
      Section, acts Feb. 14, 1920, ch. 76, 41 Stat. 434; Jan. 21, 1922,
    ch. 32, Sec. 1, 42 Stat. 358; Dec. 5, 1924, ch. 4, Sec. 4(m), 43
    Stat. 703, related to exchange of farm unit. See sections 451 to
    451k of this title.

-End-

-CITE-
    43 USC Sec. 439                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 439. Cultivation requirement as to entrymen

-STATUTE-
      The entryman upon lands to be irrigated shall, in addition to
    compliance with the homestead laws, reclaim at least one-half of
    the total irrigable area of his entry for agricultural purposes.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389.)

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 440                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 440. Regulations as to use of water and requirements as to
      cultivation and reclamation of land; cancellation for
      noncompliance with requirements

-STATUTE-
      The Secretary of the Interior is authorized to make general rules
    and regulations governing the use of water in the irrigation of the
    lands within any project, and may require the reclamation for
    agricultural purposes and the cultivation of one-fourth the
    irrigable area under each water-right application or entry within
    three full irrigation seasons after the filing of water-right
    application or entry, and the reclamation for agricultural purposes
    and the cultivation of one-half the irrigable area within five full
    irrigation seasons after the filing of the water-right application
    or entry, and shall provide for continued compliance with such
    requirements. Failure on the part of any water-right applicant or
    entryman to comply with such requirements shall render his
    application or entry subject to cancellation.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 8, 38 Stat. 688.)

-End-

-CITE-
    43 USC Sec. 441                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 441. Assignment of entries generally

-STATUTE-
      From and after the filing with the Secretary of the Interior or
    such officer as he may designate of satisfactory proof of
    residence, improvement, and cultivation for the five years required
    by law, persons who have, or shall make, homestead entries within
    reclamation projects under the provisions of the Act of June 17,
    1902, may assign such entries, or any part thereof, to other
    persons, and such assignees, upon submitting proof of the
    reclamation of the lands and upon payment of the charges
    apportioned against the same as provided in the said Act of June
    17, 1902, may receive from the United States a patent for the
    lands: Provided, That all assignments made under the provisions of
    this section shall be subject to the limitations, charges, terms,
    and conditions of the reclamation Act.

-SOURCE-
    (June 23, 1910, ch. 357, 36 Stat. 592; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Secretary of the Interior or such officer as he may designate"
    substituted in text for "Commissioner of the General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946, set out
    as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 442                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 442. Assignment between June 23, 1910, and January 1, 1913,
      confirmed

-STATUTE-
      In the absence of any intervening valid adverse interests any
    assignment made between June 23, 1910, and January 1, 1913, of land
    upon which the assignor has submitted satisfactory final proof and
    the assignee purchased with the belief that the assignment was
    valid and under section 441 of this title, is confirmed, and the
    assignee shall be entitled to the land assigned as under section
    441 of this title, notwithstanding that said original entry was
    conformed to farm units and that the part assigned was canceled and
    eliminated from said entry prior to the date of final proof:
    Provided, That all entries so assigned shall be subject to the
    limitations, terms, and conditions of the reclamation Act, and Acts
    Amendatory thereof and supplemental thereto, and all of said
    assignees whose entries are confirmed shall, as a condition to
    receiving patent, make the proof required, prior to May 8, 1916, of
    assignees.

-SOURCE-
    (June 23, 1910, ch. 357, 36 Stat. 592; May 8, 1916, ch. 114, 39
    Stat. 65.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, which is classified generally
    to this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 371 of this title
    and Tables.

-End-

-CITE-
    43 USC Sec. 443                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 443. Limitation of amount of land holdable under assignment of
      entry

-STATUTE-
      No person shall hold by assignment more than one farm unit prior
    to final payment of all charges for all the land held by him
    subject to the reclamation law, except operation and maintenance
    charges not then due.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 13, 38 Stat. 690.)

-End-

-CITE-
    43 USC Secs. 444, 445                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Secs. 444, 445. Omitted

-COD-
                               CODIFICATION                           
      Section 444, act June 25, 1910, ch. 432, 36 Stat. 864, related to
    leave of absence for entrymen.
      Section 445, act Apr. 30, 1912, ch. 100, 37 Stat. 105, related to
    protection of entries made prior to June 25, 1910.

-End-

-CITE-
    43 USC Sec. 446                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 446. Right to make entry on relinquishment of former entry
      under land laws

-STATUTE-
      Wherever the Secretary of the Interior, in carrying out the
    provisions of the reclamation Act, shall acquire by relinquishment
    lands covered by a bona fide unperfected entry under the land laws
    of the United States, the entryman upon such tract may make another
    and additional entry, as though the entry thus relinquished had not
    been made.

-SOURCE-
    (June 27, 1906, ch. 3559, Sec. 2, 34 Stat. 519.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, which is classified generally
    to this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 371 of this title
    and Tables.

-End-

-CITE-
    43 USC Sec. 447                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 447. Relinquishment of homestead entry and making new entry

-STATUTE-
      Any person who prior to March 4, 1915, made homestead entry under
    the Act of June 17, 1902 (32 Stat. 388), for land believed to be
    susceptible of irrigation which at the time of said entry was
    withdrawn for any contemplated irrigation project, may relinquish
    the same, provided that it has since been determined that the land
    embraced in such entry or all thereof in excess of twenty acres is
    not or will not be irrigable under the project, and in lieu thereof
    may select and make entry for any farm unit included within such
    irrigation project as finally established, notwithstanding the
    provisions of sections 436 and 437 of this title: Provided, That
    such entrymen shall be given credit on the new entry for the time
    of bona fide residence maintained on the original entry.

-SOURCE-
    (Mar. 4, 1915, ch. 182, 38 Stat. 1215.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 448                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 448. Desert-land entries within reclamation project generally

-STATUTE-
      Where any bona fide desert-land entry has been or may be embraced
    within the exterior limits of any land withdrawal or irrigation
    project under the Act of June 17, 1902, and the desert-land
    entryman has been or may be directly or indirectly hindered,
    delayed, or prevented from making improvements or from reclaiming
    the land embraced in any such entry by reason of such land
    withdrawal or irrigation project, the time during which the desert-
    land entryman has been or may be so hindered, delayed, or
    prevented from complying with the desert-land law shall not be
    computed in determining the time within which such entryman has
    been or may be required to make improvements or reclaim the land
    embraced within any such desert-land entry: Provided, That if after
    investigation the irrigation project has been or may be abandoned
    by the Government, time for compliance with the desert-land law by
    any such entryman shall begin to run from the date of notice of
    such abandonment of the project and the restoration to the public
    domain of the lands withdrawn in connection therewith, and credit
    shall be allowed for all expenditures and improvements theretofore
    made on any such desert-land entry of which proof has been or may
    be filed; but if the reclamation project is carried to completion
    so as to make available a water supply for the land embraced in any
    such desert-land entry the entryman shall thereupon comply with all
    the provisions of the aforesaid action (!1) of June 17, 1902, and
    shall relinquish within a reasonable time after notice as the
    Secretary may prescribe and not less than two years all land
    embraced within his desert-land entry in excess of one farm unit,
    as determined by the Secretary of the Interior, and as to such
    retained farm unit he shall be entitled to make final proof and
    obtain patent upon compliance with the regulations of said
    Secretary applicable to the remainder of the irrigable land of the
    project and with the terms of payment prescribed in said Act of
    June 17, 1902, and not otherwise. But nothing herein contained
    shall be held to require a desert-land entryman who owns a water
    right and reclaims the land embraced in his entry to accept the
    conditions of said reclamation Act.

-SOURCE-
    (June 27, 1906, ch. 3559, Sec. 5, 34 Stat. 520; June 6, 1930, ch.
    405, 46 Stat. 502.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The desert-land law, referred to in text, is classified generally
    to chapter 9 (Sec. 321 et seq.) of this title.
      Act of June 17, 1902, and the reclamation Act, referred to in
    text, mean act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1930 - Act June 6, 1930, among other changes, inserted "within a
    reasonable time after notice as the Secretary may prescribe and not
    less than two years", "regulations of said Secretary applicable to
    the remainder of the irrigable land of the project", and
    substituted provisions specifying one farm unit, as determined by
    the Secretary of the Interior for provisions specifying 160 acres.

-FOOTNOTE-
    (!1) So in original. Probably should be "Act".

-End-

-CITE-
    43 USC Sec. 449                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VI - WATER RIGHT APPLICATIONS AND LAND ENTRIES

-HEAD-
    Sec. 449. Assignment of desert-land entry within project

-STATUTE-
      A desert-land entry within the exterior limits of a Government
    reclamation project may be assigned in whole or in part under
    section 324 of this title, and the benefits and limitations of
    section 448 of this title shall apply to such desert-land entryman
    and his assignees: Provided, That all such assignments shall
    conform to and be in accordance with farm units to be established
    by the Secretary of the Interior upon the application of the desert-
    land entryman. All such assignments made in good faith prior to
    July 24, 1912, shall be recognized under this section.

-SOURCE-
    (July 24, 1912, ch. 251, 37 Stat. 200.)

-End-

-CITE-
    43 USC SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM
           UNITS                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
           SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS       

-End-

-CITE-
    43 USC Sec. 451                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451. Conditions necessary for exchange; terms; credits; rights
      nonassignable

-STATUTE-
      Any entryman on an unpatented farm unit on a Federal irrigation
    project which shall be found by the Secretary of the Interior,
    pursuant to a land classification, to be insufficient to support a
    family shall be entitled, upon timely application to the Secretary
    to exchange his farm unit for another farm unit of unentered public
    land within the same or any other such project, or, upon terms and
    conditions satisfactory to the Secretary, for any other available
    farm unit on the same or any other such project. He shall be given
    credit under the homestead laws for residence, improvement, and
    cultivation made or performed upon the original entry, and if
    satisfactory final proof of residence, improvement, and cultivation
    has been made on the original entry it shall not be necessary to
    submit such proof upon the lieu entry. Rights under this subchapter
    shall not be assignable.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 1, 67 Stat. 566.)

-End-

-CITE-
    43 USC Sec. 451a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451a. Persons eligible for benefits

-STATUTE-
      The benefits of section 451 of this title shall, and those of
    sections 451b to 451k of this title may, be extended by the
    Secretary to (a) any lawful assignee of an unpatented farm unit on
    a Federal irrigation project who took the assignment in good faith
    not knowing and not having reason to believe the farm unit to be
    insufficient to support a family; and (b) any resident owner of
    private lands on any such project whose lands shall be found to be
    insufficient to support a family and (i) who, apart from his
    ownership of the lands to be conveyed pursuant to clause (iii)
    hereof and apart from his having previously exhausted his homestead
    right, if such be the case, is eligible to enter unappropriated
    public lands under section 161 (!1) of this title, (ii) who
    lawfully acquired his lands as an entire farm unit under the
    Federal reclamation laws from the United States or, in the case of
    a widow, widower, heir, or devisee, from a spouse or ancestor, as
    the case may be, who so acquired them, and (iii) who conveys, free
    from all encumbrances, to the United States all of his lands served
    by the project or such portion thereof as the Secretary may
    designate.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 2, 67 Stat. 566.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 161 of this title, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787.
      The Federal reclamation laws, referred to in text, include act
    June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
    Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For classification
    of act June 17, 1902, to the Code, see Short Title note set out
    under section 371 of this title and Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 451b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451b. Irrigation construction charges

-STATUTE-
    (a) Credits to entryman
      If an entryman making an exchange under the provisions of this
    subchapter becomes the direct obligor for payment to the United
    States of irrigation construction charges for his lieu farm unit or
    undertakes a contract under which the equivalent, in whole or in
    part, of such charges is returned to the United States, the
    Secretary, to the extent to which such charges upon the original
    farm unit or the equivalent thereof have actually been paid to the
    United States or to an irrigation district or other form of
    organization under contract with the United States, may give him
    credit for such charges upon the lieu unit.
    (b) Credits to district; reduction of costs
      If an irrigation district or other form of organization within
    the boundaries of which is located the lieu farm unit of an
    entryman making an exchange under the provisions of this subchapter
    is or becomes the direct obligor for payment to the United States
    of irrigation construction charges or undertakes or has undertaken
    a contract under which the equivalent, in whole or in part, of such
    charges is returned to the United States, the Secretary may, to the
    extent to which it gives credit to the entryman for such charges or
    the equivalent thereof actually paid upon the original farm unit,
    give the district or other form of organization credit for payment
    of such charges. Upon the making of an exchange pursuant to the
    provisions of this subchapter, the Secretary may reduce (i) the
    reimbursable construction costs of the project or division thereof
    upon which the original farm unit was located by the amount of such
    costs which were properly assignable to the original farm unit and
    which were not then due and payable, and (ii) the reimbursable
    construction costs of the project or division thereof upon which
    the lieu farm unit is located by the amount of credit which might
    be given under the provisions of this section.
    (c) Extension of benefits to districts
      In any case in which the benefits of this subchapter are extended
    to an assignee of an unpatented farm unit or to a resident owner of
    private lands, as provided in subsection (b) of section 451a of
    this title, an appropriate extension of benefits may also be made
    to an irrigation district or other form of organization under
    subsection (b) of this section.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 3, 67 Stat. 566.)

-End-

-CITE-
    43 USC Sec. 451c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451c. Cancellation of charges or liens; credits

-STATUTE-
      (a) After his approval of any application for an exchange as
    provided in this subchapter, the Secretary may cancel and release,
    in whole or in part, any and all charges or liens against the
    entryman or against the relinquished farm unit which are within his
    administrative jurisdiction. In administering the provisions of
    this subsection the Secretary shall take into consideration other
    charges and liens and the rights and interests of other lien
    holders as to him may seem just and equitable.
      (b) An entryman making an exchange under the provisions of this
    subchapter may be given credit by the Secretary upon any land
    development charges made by the United States in connection with
    the lieu farm unit for any such charges paid to the United States
    in connection with the original unit. A resident owner making an
    exchange under the provisions of this subchapter may, to the
    extent, to which he or, in the case of a widow, widower, heir, or
    devisee, his spouse or ancestor, as the case may be, has paid to
    the United States the purchase price of the original farm unit, be
    given credit by the Secretary upon the purchase price of his lieu
    farm unit; such credit may also be applied in the manner and
    circumstances provided in section 451b of this title upon
    irrigation construction charges for or properly assignable to his
    lieu farm unit.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 4, 67 Stat. 567.)

-End-

-CITE-
    43 USC Sec. 451d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451d. Disposal of improvements; water rights; revertibility of
      relinquished land

-STATUTE-
      Within ninety days after receipt of notice of the approval by the
    Secretary of the application for exchange of entry and subject to
    the rights and interests of other parties, the entryman may dispose
    of, and he or his transferee or vendee may remove, any and all
    improvements placed on the relinquished unit. Upon the making of an
    exchange under this subchapter, any water right appurtenant to the
    original lands under the Federal reclamation laws shall cease and
    the water supply theretofore used or required to satisfy such right
    shall be available for disposition under those laws. Any land
    relinquished or conveyed to the United States under this subchapter
    shall revert to or become a part of the public domain and be
    subject to disposition by the Secretary under any of the provisions
    of the Federal reclamation laws.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 5, 67 Stat. 567.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 451e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451e. Amendment of farm unit; application; amount of land;
      exchange; waiver

-STATUTE-
      Upon timely application by an entryman on an unpatented farm unit
    on a Federal irrigation project, which shall be found by the
    Secretary, pursuant to a land classification, to be insufficient to
    support a family, the Secretary may, upon terms and conditions
    satisfactory to him, amend the farm unit of said entryman, combine
    all or a part of the lands of said farm unit with other contiguous
    or noncontiguous lands on the same project which are declared by
    the Secretary to be open to entry or purchase, and thereby form and
    designate an amended farm unit for said entryman, which in no event
    shall exceed three hundred and twenty acres of land containing not
    more than one hundred and sixty irrigable acres designated by the
    Secretary. The acceptance of the amended farm unit by the applicant
    shall be deemed an exchange within the meaning of this subchapter.
    In extending the benefits of this section to a resident owner of
    private lands as provided in section 451a of this title, the
    Secretary may waive, in whole or in part, the provisions of clause
    (iii) of subsection (b) of section 451a of this title.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 6, 67 Stat. 567.)

-End-

-CITE-
    43 USC Sec. 451f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451f. Exchanges subject to mortgage contracts

-STATUTE-
      Any exchange pursuant to this subchapter of land that is subject
    to a mortgage contract with the Secretary of Agriculture under
    sections 1006a and 1006b of title 7, and any disposition pursuant
    to this subchapter of property that is subject to such a mortgage
    contract, shall be effected only in such form and manner and upon
    such terms and conditions as are consistent with the authority of
    the Secretary of Agriculture over such mortgage contract and such
    property under the Bankhead-Jones Farm Tenant Act, as amended [7
    U.S.C. 1000 et seq.], as supplemented by sections 1006a and 1006b
    of title 7.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 7, 67 Stat. 568.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Bankhead-Jones Farm Tenant Act, referred to in text, is act
    July 22, 1937, ch. 517, 50 Stat. 522, as amended, which is
    classified generally to chapter 33 (Sec. 1000 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see section 1000 of Title 7 and Tables.

-End-

-CITE-
    43 USC Sec. 451g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451g. Preferences; veterans; timely applicants

-STATUTE-
      Where there are two or more timely applicants for a farm unit on
    a particular project or division thereof under the provisions of
    this subchapter, one or more of whom is an ex-serviceman who would
    be entitled under the applicable statutes to a preference in making
    entry of farm units on such project or division, the ex-serviceman,
    or one of them, shall have a preference in making such exchange.
    Any timely applicant for an exchange under the provisions of this
    subchapter shall be entitled to preference over any other applicant
    for a farm unit on the same project or division thereof.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 8, 67 Stat. 568.)

-End-

-CITE-
    43 USC Sec. 451h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451h. Establishment of farm units; size; contiguous or
      noncontiguous

-STATUTE-
      In administering sections 434, 448, and 544 of this title, the
    Secretary may, to the extent found necessary as shown by a land
    classification to provide farm units sufficient in size to support
    a family, establish such units of not more than three hundred and
    twenty acres containing not more than one hundred and sixty
    irrigable acres designated by him and may permit entry and
    assignment under the homestead laws, and retention and assignment
    under the desert land laws, of such units. The lands included in
    farm units established pursuant to the authority of this section
    and entered under the homestead laws may be contiguous or
    noncontiguous.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 9, 67 Stat. 568.)

-End-

-CITE-
    43 USC Sec. 451i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451i. "Federal irrigation project" defined

-STATUTE-
      As used in this subchapter, the term "Federal irrigation project"
    means any irrigation project subject to the Federal reclamation
    laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory
    thereof or supplementary thereto), to which laws this subchapter
    itself shall be deemed a supplement.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 11, 67 Stat. 568.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 451j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451j. Rules and regulations

-STATUTE-
      The Secretary may perform any and all acts and make all rules and
    regulations necessary and proper for carrying out the purposes of
    this subchapter.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 12, 67 Stat. 568.)

-End-

-CITE-
    43 USC Sec. 451k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VII - EXCHANGE AND AMENDMENT OF FARM UNITS

-HEAD-
    Sec. 451k. Availability of appropriations; expenses as
      nonreimbursable

-STATUTE-
      Appropriations heretofore or hereafter made for carrying on the
    functions of the Bureau of Reclamation shall be available for
    credits, expenses, charges, and costs provided by or incurred under
    this subchapter. Expenses incurred in carrying out the provisions
    of sections 451 to 451f of this title, shall be nonreimbursable and
    nonreturnable under the Federal reclamation laws.

-SOURCE-
    (Aug. 13, 1953, ch. 428, Sec. 13, 67 Stat. 568.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC SUBCHAPTER VIII - TAXATION                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VIII - TAXATION

-HEAD-
                        SUBCHAPTER VIII - TAXATION                    

-End-

-CITE-
    43 USC Sec. 455                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VIII - TAXATION

-HEAD-
    Sec. 455. State taxation; lands of homestead entryman

-STATUTE-
      The lands of any homestead entryman under the Act of June 17,
    1902, known as the Reclamation Act, or any Act amendatory thereof
    or supplementary thereto, and the lands of any entryman on ceded
    Indian lands within any Indian irrigation project, may, after
    satisfactory proof of residence, improvement, and cultivation, and
    acceptance of such proof by the Bureau of Land Management, be taxed
    by the State or political subdivision thereof in which such lands
    are located in the same manner and to the same extent as lands of a
    like character held under private ownership may be taxed.

-SOURCE-
    (Apr. 21, 1928, ch. 394, Sec. 1, 45 Stat. 439; June 13, 1930, ch.
    477, 46 Stat. 581; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, known as the Reclamation Act, referred to
    in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1930 - Act June 13, 1930, inserted "and the lands of any entryman
    on ceded Indian lands within any Indian irrigation project,".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Bureau of Land Management" substituted in text for "General Land
    Office" on authority of section 403 of Reorg. Plan No. 3 of 1946,
    set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 455a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VIII - TAXATION

-HEAD-
    Sec. 455a. State taxation; lands of desert-land entryman

-STATUTE-
      The lands of any desert-land entryman located within an
    irrigation project constructed under the Reclamation Act and
    obtaining a water supply from such project, and for whose land
    water has been actually available for a period of four years, may
    likewise be taxed by the State or political subdivision thereof in
    which such lands are located.

-SOURCE-
    (Apr. 21, 1928, ch. 394, Sec. 2, 45 Stat. 439; June 13, 1930, ch.
    477, 46 Stat. 581.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reclamation Act, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, which is classified generally
    to this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 371 of this title
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1930 - Act June 13, 1930, reenacted section without change.

-End-

-CITE-
    43 USC Sec. 455b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VIII - TAXATION

-HEAD-
    Sec. 455b. State tax as lien upon lands; prior lien of United
      States; rights of holder of tax title

-STATUTE-
      All such taxes legally assessed shall be a lien upon the lands
    and may be enforced upon said lands by the sale thereof in the same
    manner and under the same proceeding whereby said taxes are
    enforced against lands held under private ownership; but the title
    or interest which the State or political subdivision thereof may
    convey by tax sale, tax deed, or as a result of any tax proceeding
    shall be subject to a prior lien reserved to the United States for
    all due and unpaid installments on the appraised purchase price of
    such lands and for all the unpaid charges authorized by law whether
    accrued or otherwise. The holder of such tax deed or tax title
    resulting from such tax shall be entitled to all the rights and
    privileges in the land of an assignee of such entryman on ceded
    Indian lands or of an assignee under the provisions of section 441
    of this title or of any such entries in a Federal reclamation
    project constructed under said Act of June 17, 1902, as
    supplemented or amended.

-SOURCE-
    (Apr. 21, 1928, ch. 394, Sec. 3, 45 Stat. 439; June 13, 1930, ch.
    477, 46 Stat. 581.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 455c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER VIII - TAXATION

-HEAD-
    Sec. 455c. Extinguishment of liens and tax titles on reversion of
      lands to United States

-STATUTE-
      If the lands of any such entryman shall at any time revert to the
    United States for any reason whatever, all such liens or tax titles
    resulting from assessments levied after June 13, 1930, upon such
    lands in favor of the State or political subdivision thereof
    wherein the lands are located, shall be and shall be held to have
    been, thereupon extinguished; and the levying of any such
    assessment by such State or political subdivision shall be deemed
    to be an agreement on its part, in the event of such reversion, to
    execute and record a formal release of such lien or tax title.

-SOURCE-
    (Apr. 21, 1928, ch. 394, Sec. 4, as added June 13, 1930, ch. 477,
    46 Stat. 581.)

-End-

-CITE-
    43 USC SUBCHAPTER IX - CONSTRUCTION CHARGES                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
                   SUBCHAPTER IX - CONSTRUCTION CHARGES               

-End-

-CITE-
    43 USC Sec. 461                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 461. Determination of construction charges generally

-STATUTE-
      The construction charges which shall be made per acre upon the
    entries and upon lands in private ownership which may be irrigated
    by the waters of any irrigation project shall be determined with a
    view of returning to the reclamation fund the estimated cost of
    construction of the project, and shall be apportioned equitably.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 4, 32 Stat. 389.)

-COD-
                               CODIFICATION                           
      Section is comprised of part of section 4 of act June 17, 1902.
    Remainder of such section 4 is classified to section 419 of this
    title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 462                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 462. Classification of irrigable lands and equitable
      apportionment of charges

-STATUTE-
      The irrigable lands of each new project and new division of a
    project approved, after December 5, 1924, shall be classified by
    the Secretary with respect to their power, under a proper
    agricultural program, to support a family and pay water charges,
    and the Secretary is authorized to fix different construction
    charges against different classes of land under the same project
    for the purpose of equitably apportioning the total construction
    cost so that all lands may as far as practicable bear the burden of
    such cost according to their productive value.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. D, 43 Stat. 702.)

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 463                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 463. Repealed. May 25, 1926, ch. 383, Sec. 47, 44 Stat. 650

-MISC1-
      Section, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. E, 43 Stat.
    702, related to notices concerning construction charges.

-End-

-CITE-
    43 USC Sec. 464                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 464. Increases of charges on failure to make water-right
      application

-STATUTE-
      In all cases where application for water right for lands in
    private ownership or lands held under entries not subject to the
    reclamation law shall not be made within one year after August 13,
    1914, or within one year after notice issued in pursuance of
    section 419 of this title, in cases where such notice has not been
    issued prior to August 13, 1914, the construction charges for such
    land shall be increased 5 per centum each year until such
    application is made and an initial installment is paid.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 9, 38 Stat. 689.)

-End-

-CITE-
    43 USC Sec. 465                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 465. Charges for water service prior to notice of construction
      charge

-STATUTE-
      Whenever water is available and it is impracticable to apportion
    operation and maintenance charges as provided in section 492 of
    this title, the Secretary of the Interior may, prior to giving
    public notice of the construction charge per acre upon land under
    any project, furnish water to any entryman or private landowner
    thereunder until such notice is given, making a reasonable charge
    therefor, and such charges shall be subject to the same penalties
    and to the provisions for cancellation and collection as herein
    provided for other operation and maintenance charges.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 11, 38 Stat. 689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act Aug. 13, 1914, ch. 247, 38
    Stat. 686, as amended, which is classified to sections 373, 414,
    418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to
    481, 492, 493, 494 to 497, and 499 of this title. For complete
    classification of this Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 466                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 466. Surveys to correct errors or inequalities in original
      basis of project

-STATUTE-
      On each project existing prior to December 5, 1924, where, in the
    opinion of the Secretary, it appears that on account of lack of
    fertility in the soil, an inadequate water supply, or other
    physical causes, settlers are unable to pay construction costs, or
    whenever it appears that the cost of any reclamation project by
    reason of error or mistake or for any cause has been apportioned or
    charged upon a smaller area of land than the total area of land
    under said project, the Secretary is authorized to undertake a
    comprehensive and detailed survey to ascertain all pertinent facts,
    and report in each case the result of such survey to the Congress,
    with his recommendations: Provided, That the cost and expense of
    each such survey shall be charged to the appropriation for the
    project on account of which the same is made, but shall not be
    charged as a part of the construction or operation and maintenance
    cost payable by the water users under the project.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. K, 43 Stat. 703.)

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 467                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 467. Repealed. May 25, 1926, ch. 383, Sec. 47, 44 Stat. 650

-MISC1-
      Section, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. L, 43 Stat.
    703, related to adjustment of charges and items to be included in
    adjustment.

-End-

-CITE-
    43 USC Sec. 468                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 468. Withdrawal of notice given and modification of
      applications and contracts made prior to February 13, 1911

-STATUTE-
      The Secretary of the Interior may, in his discretion, withdraw
    any public notice issued prior to February 13, 1911, under section
    419 of this title, and he may agree to such modification of water-
    right applications duly filed prior to February 13, 1911, or
    contracts with water users' associations and others, entered into
    prior to February 13, 1911, as he may deem advisable, or he may
    consent to the abrogation of such water-right applications and
    contracts, and proceed in all respects as if no such notice has
    been given.

-SOURCE-
    (Feb. 13, 1911, ch. 49, 36 Stat. 902.)

-End-

-CITE-
    43 USC Sec. 469                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 469. Increase in construction charges

-STATUTE-
      No increase in the construction charges shall, after August 13,
    1914, be made, after the same have been fixed by public notice,
    except by agreement between the Secretary of the Interior and a
    majority of the water-right applicants and entrymen to be affected
    by such increase, whereupon all water-right applicants and entrymen
    in the area proposed to be affected by the increased charge shall
    become subject thereto. Such increased charge shall be added to the
    construction charge and payment thereof distributed over the
    remaining unpaid installments of construction charges: Provided,
    That the Secretary of the Interior, in his discretion, may agree
    that such increased construction charge shall be paid in additional
    annual installments, each of which shall be at least equal to the
    amount of the largest installment as fixed for the project by the
    public notice theretofore issued. And such additional installments
    of the increased construction charge, as so agreed upon shall
    become due and payable on December 1 of each year subsequent to the
    year when the final installment of the construction charge under
    such public notice is due and payable: Provided further, That all
    such increased construction charges shall be subject to the same
    conditions, penalties, and suit or action as provided in sections
    478, 480, and 481 of this title.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 4, 38 Stat. 687.)

-End-

-CITE-
    43 USC Sec. 470                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 470. When work increasing construction charge may be
      undertaken

-STATUTE-
      No work shall be undertaken or expenditure made for any lands,
    for which the construction charge has been fixed by public notice,
    which work or expenditure shall, in the opinion of the Secretary of
    the Interior, increase the construction cost above the construction
    charge so fixed; unless and until valid and binding agreement to
    repay the cost thereof shall have been entered into between the
    Secretary of the Interior and the water-right applicants and
    entrymen affected by such increased cost, as provided by section
    469 of this title.

-SOURCE-
    (Mar. 3, 1915, ch. 75, Sec. 1, 38 Stat. 861.)

-End-

-CITE-
    43 USC Sec. 471                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 471. Initial payment and annual installments of charges
      generally

-STATUTE-
      Any entryman or applicant shall at the time of making water-right
    application or entry, as the case may be, pay into the reclamation
    fund 5 per centum of the construction charge fixed for his land as
    an initial installment, and shall pay the balance of said charge in
    annual installments. The first of the annual installments shall
    become due and payable on December 1 of the fifth calendar year
    after the initial installment: Provided, That any water-right
    applicant or entryman may, if he so elects, pay the whole or any
    part of the construction charges owing by him within any shorter
    period: Provided further, That entry may be made whenever water is
    available, as announced by the Secretary of the Interior, and the
    initial payment be made when the charge per acre is established.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 1, 38 Stat. 686.)

-COD-
                               CODIFICATION                           
      Section comprises part of section 1 of act Aug. 13, 1914.
    Remainder of section 1 is set out as section 472 of this title.

-End-

-CITE-
    43 USC Sec. 472                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 472. Installments on entries or applications made after August
      13, 1914, and prior to December 5, 1924

-STATUTE-
      Any person whose lands, after August 13, 1914, and prior to
    December 5, 1924, became subject to the terms and conditions of the
    Act approved June 17, 1902, and Acts amendatory thereof or
    supplementary thereto, and any person who, after August 13, 1914,
    and prior to December 5, 1924, made entry thereunder shall pay the
    balance of said charge after the initial payment in fifteen annual
    installments, the first five of which shall each be 5 per centum of
    the construction charge and the remainder shall each be 7 per
    centum until the whole amount shall have been paid.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 1, 38 Stat. 686.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved June 17, 1902, referred to in text, is act June 17,
    1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      References to December 5, 1924, were inserted in conformity with
    provisions of act Dec. 5, 1924, ch. 4, Sec. 4, subsec. F, 43 Stat.
    702, which changed the method of paying the annual installments
    after such date. Such provisions, which were classified to sections
    473 and 474 of this title, were repealed by act May 25, 1926, ch.
    383, Sec. 47, 44 Stat. 650. See sections 423 to 423g of this title.
      Section comprises part of section 1 of act Aug. 13, 1914.
    Remainder of section 1 is set out as section 471 of this title.

-End-

-CITE-
    43 USC Secs. 473, 474                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Secs. 473, 474. Repealed. May 25, 1926, ch. 383, Sec. 47, 44 Stat.
      650

-MISC1-
      Section 473, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. F, 43 Stat.
    702, related to payment of project construction charges in
    installments after Dec. 5, 1924.
      Section 474, act Dec. 5, 1924, ch. 4, Sec. 4, subsec. F, 43 Stat.
    702, related to modification of contracts existing prior to Dec. 5,
    1924, in respect to payment of construction charges.

-End-

-CITE-
    43 USC Sec. 475                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 475. Annual installments on entries and contracts prior to
      August 13, 1914

-STATUTE-
      Any person whose land or entry, prior to August 13, 1914, became
    subject to the terms and conditions of the reclamation law shall
    pay the construction charge, or the portion of the construction
    charge remaining unpaid, in twenty annual installments, the first
    of which shall become due and payable on December 1 of the year in
    which the public notice affecting his land is issued, and
    subsequent installments on December 1 of each year thereafter. The
    first four of such installments shall each be 2 per centum, the
    next two installments shall each be 4 per centum, and the next
    fourteen each 6 per centum of the total construction charge, or the
    portion of the construction charge unpaid at the beginning of such
    installments.
      Any person whose land or entry prior to August 13, 1914, became
    subject to the reclamation law, who desires to secure the benefits
    of the extension of the period of payments provided by sections
    373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475,
    477 to 481, 492, 493, 494 to 497 and 499 of this title, shall,
    within six months after the issuance of the first public notice
    hereunder affecting his land or entry, notify the Secretary of the
    Interior, in the manner to be prescribed by said Secretary, of his
    acceptance of all the terms and conditions of such sections, and
    thereafter his lands or entry shall be subject to all of the
    provisions of such sections: Provided, That upon sufficient showing
    the Secretary of the Interior may, in his discretion, permit notice
    of acceptance of all the terms and conditions of such sections to
    be filed at any time after the time limit hereinbefore fixed for
    filing such acceptance shall have expired, conditioned, however,
    that where the applicant for such acceptance is in arrears on
    construction charges, he shall at the time of acceptance pay such
    installments of the construction charge as he would have been
    required to pay had he accepted the benefits of such sections
    within the time limit hereinabove fixed, plus the penalties that
    would have accrued had he so accepted, and such applicant shall
    thereafter be upon the same status that he would have been had he
    accepted the provisions of such sections within the time limit
    hereinabove fixed, and thereafter the lands or entry of any such
    persons so filing such notice of acceptance shall be subject to all
    the provisions of such sections.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Secs. 2, 14, 38 Stat. 687, 690; July 26,
    1916, ch. 257, 39 Stat. 390.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 476                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 476. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, act June 17, 1902, ch. 1093, Sec. 5, 32 Stat. 389,
    provided for payment of construction charges to register and
    receiver of local land office.

-End-

-CITE-
    43 USC Sec. 477                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 477. Association or irrigation district as fiscal agent of
      Government

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to designate and appoint, under such rules and regulations as he
    may prescribe, the legally organized water-users' association or
    irrigation district, under any reclamation project, as the fiscal
    agent of the United States to collect the annual payments on the
    construction charge of the project and the annual charges for
    operation and maintenance and all penalties: Provided, That no
    water-right applicant or entryman shall be entitled to credit for
    any payment thus made until the same shall have been paid over to
    an officer designated by the Secretary of the Interior to receive
    the same.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 7, 38 Stat. 688.)

-End-

-CITE-
    43 USC Sec. 478                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 478. Pecuniary penalty for nonpayment of installments of
      construction charges

-STATUTE-
      If any water-right applicant or entryman shall have, prior to
    December 5, 1924, failed to pay any installment of his construction
    charges when due, there shall be added to the amount unpaid a
    penalty of 1 per centum thereof, and there shall be added a like
    penalty of 1 per centum of the amount unpaid on the first day of
    each month thereafter so long as such default shall have continued:
    Provided, That the penalty of 1 per centum per month against
    delinquent accounts, is reduced to one-half of 1 per centum per
    month, as to all installments which may become due after December
    5, 1924.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 3, 38 Stat. 687; Dec. 5, 1924, ch. 4,
    Sec. 4, subsec. H, 43 Stat. 703.)

-COD-
                               CODIFICATION                           
      Section consolidates first sentence of act Aug. 13, 1914, Sec. 3,
    with act Dec. 5, 1924, Sec. 4, subsec. H.

-End-

-CITE-
    43 USC Sec. 479                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 479. Shutting off water for nonpayment of construction charge

-STATUTE-
      No water shall be delivered to the lands of any water-right
    applicant or entryman who shall be in arrears for more than one
    calendar year for the payment of any annual construction charge and
    penalties.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-
                               CODIFICATION                           
      Section is comprised of part of first sentence of section 6 of
    act Aug. 13, 1914. Remainder of first sentence of such section 6 is
    classified to sections 493, 494, and 495 of this title; second and
    third sentences of such section 6 are classified to sections 496
    and 497 of this title, respectively.

-End-

-CITE-
    43 USC Sec. 480                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 480. Cancellation of water right or entry for nonpayment of
      construction charge

-STATUTE-
      If any water-right applicant or entryman shall be one year in
    default in the payment of any installment of the construction
    charges and penalties, or any part thereof, his water-right
    application, and if he be a homestead entryman his entry also,
    shall be subject to cancellation, and all payments made by him
    forfeited to the reclamation fund, but no homestead entry shall be
    subject to contest because of such default.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 3, 38 Stat. 687.)

-End-

-CITE-
    43 USC Sec. 481                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 481. Action to recover construction charges and penalties

-STATUTE-
      If the Secretary of the Interior shall so elect, he may cause
    suit or action to be brought for the recovery of the amount of the
    construction charges in default and penalties; but if suit or
    action be brought, the right to declare a cancellation and
    forfeiture of the entry or water-right application as provided in
    section 480 of this title shall be suspended pending such suit or
    action.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 3, 38 Stat. 687.)

-End-

-CITE-
    43 USC Sec. 482                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER IX - CONSTRUCTION CHARGES

-HEAD-
    Sec. 482. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 10, 1926, ch. 277, 44 Stat. 479, authorized
    Secretary of the Interior, until June 30, 1927, to contract with
    water-users' associations for payment of charges within such term
    as may be necessary. See section 485b of this title.

-End-

-CITE-
    43 USC SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
              SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES          

-End-

-CITE-
    43 USC Sec. 485                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485. Declaration of policy

-STATUTE-
      For the purpose of providing for United States reclamation
    projects a feasible and comprehensive plan for an economical and
    equitable treatment of repayment problems and for variable payments
    of construction charges which can be met regularly and fully from
    year to year during periods of decline in agricultural income and
    unsatisfactory conditions of agriculture as well as during periods
    of prosperity and good prices for agricultural products, and which
    will protect adequately the financial interest of the United States
    in said projects, obligations to pay construction charges may be
    revised or undertaken pursuant to the provisions of this
    subchapter.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 1, 53 Stat. 1187.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended,
    known as the Reclamation Project Act of 1939, which enacted this
    subchapter, sections 375a, 380a, and 387 to 389 of this title and
    section 16d of Title 41, Public Contracts, and enacted provision
    set out as a note under section 485j of this title. For complete
    classification of this Act to the Code, see section 485k of this
    title and Tables.

-End-

-CITE-
    43 USC Sec. 485a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485a. Definitions

-STATUTE-
      As used in this subchapter - 
      (a) The term "Federal reclamation laws" shall mean the Act of
    June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof
    supplementary thereto.
      (b) The term "Secretary" shall mean the Secretary of the
    Interior.
      (c) The term "project" shall mean any reclamation or irrigation
    project, including incidental features thereof, authorized by the
    Federal reclamation laws, or constructed by the United States
    pursuant to said laws, or in connection with which there is a
    repayment contract executed by the United States, pursuant to said
    laws, or any project constructed or operated and maintained by the
    Secretary through the Bureau of Reclamation for the reclamation of
    arid lands or other purposes.
      (d) The term "construction charges" shall mean the amounts of
    principal obligations payable to the United States under water-
    right applications, repayment contracts, orders of the Secretary,
    or other forms of obligation entered into pursuant to the Federal
    reclamation laws, excepting amounts payable for water rental or
    power charges, operation and maintenance and other yearly service
    charges, and excepting also any other operation and maintenance,
    interest, or other charges which are not covered into the principal
    sums of the construction accounts of the Bureau of Reclamation.
      (e) The term "repayment contract" shall mean any contract
    providing for payment of construction charges to the United States.
      (f) The term "project contract unit" shall mean a project or any
    substantial area of a project which is covered or is proposed to be
    covered by a repayment contract. On any project where two or more
    repayment contracts in part cover the same area and in part
    different areas, the area covered by each such repayment contract
    shall be a separate project contract unit. On any project where
    there are either two or more repayment contracts on a single
    project contract unit or two or more project contract units, the
    repayment contracts or project contract units may be merged by
    agreements in form satisfactory to the Secretary.
      (g) The term "organization" shall mean any conservancy district,
    irrigation district, water users' association, or other
    organization, which is organized under State law and which has
    capacity to enter into contracts with the United States pursuant to
    the Federal reclamation laws.
      (h) The term "division of a project" shall mean any part of a
    project designated as a division by order of the Secretary or any
    phase or feature of project operations given a separate designation
    as a division by order of the Secretary for the purposes of orderly
    and efficient administration.
      (i) The term "development unit" shall mean a part of a project
    which, for purposes of orderly engineering or reclamation
    development, is designated as a development unit by order of the
    Secretary.
      (j) The term "irrigation block" shall mean an area of arid or
    semiarid lands in a project in which, in the judgment of the
    Secretary, the irrigable lands should be reclaimed and put under
    irrigation at substantially the same time, and which is designated
    as an irrigation block by order of the Secretary.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 2, 53 Stat. 1187; Pub. L. 85-611, Sec.
    3, Aug. 8, 1958, 72 Stat. 543.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended,
    known as the Reclamation Project Act of 1939, which enacted this
    subchapter, sections 375a, 380a, and 387 to 389 of this title and
    section 16d of Title 41, Public Contracts, and enacted provision
    set out as a note under section 485j of this title. For complete
    classification of this Act to the Code, see section 485k of this
    title and Tables.
      Act of June 17, 1902, referred to in subsec. (a), is popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1958 - Subsecs. (h) to (k). Pub. L. 85-611 repealed subsec. (h)
    which defined "annual returns" and "normal returns", and
    redesignated subsecs. (i) to (k) as (h) to (j), respectively.

-End-

-CITE-
    43 USC Sec. 485b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485b. Amendment of existing repayment contracts

-STATUTE-
      In connection with any repayment contract or other form of
    obligation, existing on August 4, 1939, to pay construction
    charges, providing for repayment on the basis of a definite period,
    the Secretary is authorized, upon request by the water users
    involved or their duly authorized representatives for amendment
    under this section of said contract or other form of obligation,
    and if in the Secretary's judgement such amendment is both
    practicable and in keeping with the general purpose of this
    subchapter, to amend said contract or other form of obligation so
    as to provide that the construction charges remaining unaccrued on
    the date of the amendment, or any later date agreed upon, shall be
    spread in definite annual installments on the basis of a longer
    definite period fixed in each case by the Secretary: Provided, That
    for any construction charges said longer period shall not exceed
    forty years, exclusive of 1931 and subsequent years to the extent
    of moratoria or deferments of construction charges due and payable
    for such years effected pursuant to Acts of Congress, from the date
    when the first installment of said construction charges become due
    and payable under the original obligation to pay said construction
    charges and in no event shall the unexpired part of said longer
    period exceed double the number of remaining years, as of the date
    of the amendment made pursuant to this subchapter, in which
    installments of said construction charges would become due and
    payable under said existing repayment contract or other form of
    obligation to pay construction charges.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 3, 53 Stat. 1188.)

-MISC1-
         EXTENSION OF DATE OF MODIFICATION OF REPAYMENT CONTRACTS     
      Act Mar. 6, 1952, ch. 94, 66 Stat. 16, as amended by acts Aug.
    31, 1954, ch. 1168, 68 Stat. 1044; Pub. L. 85-156, Aug. 21, 1957,
    71 Stat. 390; Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543;
    Pub. L. 86-308, Sec. 2, Sept. 21, 1959, 73 Stat. 585, provided that
    the authority vested in the Secretary of the Interior by sections
    485b and 485f of this title should be extended through Dec. 31,
    1960.

-End-

-CITE-
    43 USC Sec. 485b-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485b-1. Deferment of installments under repayment contracts;
      determination of undue burden; conditions; supplemental contract;
      report to Congress

-STATUTE-
      (a) The authority granted in section 485b of this title for
    modification of existing repayment contracts or other forms of
    obligations to pay construction charges shall continue through
    December 31, 1960.
      (b) The Secretary is authorized, subject to the provisions of
    this subsection to defer the time for the payment of such part of
    any installments of construction charges under any repayment
    contract or other form of obligation as he deems necessary to
    adjust such installments to amounts within the probable ability of
    the water users to pay. Any such deferment shall be effected only
    after findings by the Secretary that the installments under
    consideration probably cannot be paid on their due date without
    undue burden on the water users, considering the various factors
    which in the Secretary's judgment bear on the ability of the water
    users so to pay.
      The Secretary may effect the deferments hereunder subject to such
    conditions and provisions relating to the operation and maintenance
    of the project involved as he deems to be in the interest of the
    United States. If, however, any deferments would affect
    installments to accrue more than twelve months after the action of
    deferment, they shall be effected only by a formal supplemental
    contract. Such a contract shall provide by its terms that, it being
    only an interim solution of the repayment problems dealt with
    therein, its terms are not, in themselves, to be construed as a
    criterion of the terms of any amendatory contract that may be
    negotiated and that any such amendatory contract must be approved
    by the Congress unless it does not lengthen the repayment period
    for the project in question beyond that permitted by the laws
    applicable to that project, involves no reduction in the total
    amount payable by the water users, and is not in other respects
    less advantageous to the Government than the existing contract
    arrangements. The Secretary shall report to the Congress all
    deferments granted under this subsection.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 17, 53 Stat. 1198; Apr. 24, 1945, ch.
    94, Sec. 3, 59 Stat. 76; Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72
    Stat. 543; Pub. L. 86-308, Sec. 1, Sept. 21, 1959, 73 Stat. 584.)

-MISC1-
                                AMENDMENTS                            
      1959 - Subsec. (b). Pub. L. 86-308 made permanent the Secretary's
    authority to grant deferments in payment of installments of
    construction charges under repayment contracts.
      1958 - Subsec. (a). Pub. L. 85-611 substituted "section 485b" for
    "sections 485b and 485c".
      1945 - Subsec. (a). Act Apr. 24, 1945, extended authority for
    modification of existing repayment contracts or other forms of
    obligations to pay construction charges through Dec. 31, 1950, or
    Dec. 31 of the fifth full calendar year after the cessation of
    hostilities of World War II, as determined by proclamation of the
    President or concurrent resolution of Congress, whichever period
    was the longer.
      Subsec. (b). Act Apr. 24, 1945, authorized Secretary, subject to
    provisions of this subsection, to defer the time for the payment of
    such part of any installments of construction charges under any
    repayment contract or other form of obligation that are due and
    unpaid as of Apr. 24, 1945, or which would become due prior to the
    expiration of authority under subsec. (a).

                APPLICABILITY TO OTHER IRRIGATION PROJECTS            
      Section 3 of Pub. L. 86-308 provided that: "The provisions of
    section 17, subsection (b), of the Reclamation Project Act of 1939
    [subsec. (b) of this section], as amended by section 1 of this Act,
    shall apply to any project within the administrative jurisdiction
    of the Bureau of Reclamation to which, if it had been constructed
    as a project under the Federal reclamation laws (Act of June 17,
    1902, 32 Stat. 383) and Acts amendatory thereof or supplementary
    thereto [see Short Title note set out under section 371 of this
    title]), these provisions would be applicable."

-End-

-CITE-
    43 USC Sec. 485c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485c. Repealed. Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat.
      543

-MISC1-
      Section, acts Aug. 4, 1939, ch. 418, Sec. 4, 53 Stat. 1189; Apr.
    24, 1945, ch. 94, Sec. 1, 59 Stat. 75, related to repayment
    contracts with the United States. See section 485h(d)(3) of this
    title.

-End-

-CITE-
    43 USC Sec. 485d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485d. Time of payments to the United States

-STATUTE-
      The Secretary in this discretion may require, in connection with
    any contract entered into pursuant to the authority of this
    subchapter, that the contract provide (1) that the payments for
    each year to be made to the United States shall become due and
    payable on such date or dates, not exceeding two, in each year as
    the Secretary determines will be substantially contemporaneous with
    the time or times in each year when water users receive crop
    returns and (2) if the contract be with an organization, that
    assessments or levies for the purpose of obtaining moneys
    sufficient to meet the organization's payments under said contract
    shall be made and shall become due and payable within a certain
    period or periods of time prior to the date or dates on which the
    organization's payments to the United States are due and payable,
    said period or periods of time to be agreed upon in each said
    contract.
      The Secretary may provide such deferments of construction charges
    as in his judgment are necessary to prevent said requirements from
    resulting in inequitable pyramiding of payments of said charges.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 5, 53 Stat. 1191.)

-MISC1-
        EXTENSION OF SECRETARY'S AUTHORITY TO ENTER INTO AMENDATORY
                                 CONTRACTS
      Secretary's authority extended through Dec. 31, 1960, see section
    485b-1 of this title.

-End-

-CITE-
    43 USC Sec. 485e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485e. Maintenance and operation of project works; delinquency
      penalties

-STATUTE-
      In connection with any contract, relating to construction
    charges, entered into pursuant to the authority of this subchapter,
    the Secretary is authorized to require such provisions as he deems
    proper to secure the adoption of proper accounting, to protect the
    condition of project works and to provide for the proper use
    thereof, and to protect project lands against deterioration due to
    improper use of water. Any such contract shall require advance
    payment of adequate operation and maintenance charges. The
    Secretary is further authorized, in his discretion, to require such
    provisions as he deems proper to penalize delinquencies in payments
    of construction charges or operation and maintenance charges:
    Provided, That in any event there shall be penalties imposed on
    account of delinquencies of not less than one-half of 1 per centum
    per month of the delinquent charge from and after the date when
    such charge becomes due and payable: Provided further, That any
    such contract shall require that no water shall be delivered to
    lands or parties which are in arrears in the advance payment of
    operation and maintenance or toll charges, or to lands or parties
    which are in arrears for more than twelve months in the payment of
    construction charges due from such lands or parties to the United
    States or to the organization in which the lands or parties are
    included, or to any lands or parties included in an organization
    which is in arrears in the advance payment of operation and
    maintenance or toll charges or in arrears more than twelve months
    in the payment of construction charges due from such organization
    to the United States.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 6, 53 Stat. 1191.)

-End-

-CITE-
    43 USC Sec. 485f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485f. Negotiation of equitable contracts by Secretary

-STATUTE-
    (a) Existing project contract unit
      The Secretary is authorized and directed to investigate the
    repayment problems of any existing project contract unit in
    connection with which, in his judgment, a contract under section
    485b or 485c (!1) of this title would not be practicable nor
    provide an economically sound adjustment, and to negotiate a
    contract which, in his judgment, both would provide fair and
    equitable treatment of the repayment problems involved and would be
    in keeping with the general purpose of this subchapter.

    (b) New projects or projects under construction; public lands;
      development periods
      For any project, division of a project, development unit of a
    project, or supplemental works on a project, under construction on
    August 4, 1939, or for which appropriations had been made, and in
    connection with which a repayment contract had not been executed,
    allocations of costs may be made in accordance with the provisions
    of section 485h of this title and a repayment contract may be
    negotiated, in the discretion of the Secretary, (1) pursuant to the
    authority of subsection (a) of this section or (2) in accordance,
    as near as may be, with the provisions in section 485h(d) or
    485h(e) of this title. In connection with any such project,
    division, or development unit, on which the majority of the lands
    involved are public lands of the United States, the Secretary,
    prior to entering into a repayment contract, may fix a development
    period for each irrigation block, if any, of not to exceed ten
    years from and including the first year in which water is delivered
    for the lands in said block: Provided, That in the event a
    development period is fixed prior to execution of a repayment
    contract, execution thereof shall be a condition precedent to
    delivery of water after the close of the development period. During
    any such development period water shall be delivered to the lands
    in the irrigation block involved only on a toll-charge basis, at a
    charge per annum per acre-foot to be fixed by the Secretary each
    year and to be collected in advance of delivery of water. Pending
    negotiation and execution of a repayment contract for any other
    such project, division, or development unit, water may be delivered
    for a period of not more than five years from August 4, 1939, on
    the same toll-charge basis. Any such toll charges collected and
    which the Secretary determines to be in excess of the cost of
    operation and maintenance during the toll-charge period shall be
    credited to the construction cost of the project in the manner
    determined by the Secretary.
    (c) Report of proposed contracts to Congress; approval; amendment
      after approval
      The Secretary from time to time shall report to the Congress on
    any proposed contracts negotiated pursuant to the authority of
    subsection (a) or (b)(1) of this section, and he may execute any
    such contract on behalf of the United States only after approval
    thereof has been given by Act of Congress. Contracts, so approved,
    however, may be amended from time to time by mutual agreement and
    without further approval by Congress if such amendments are within
    the scope of authority granted prior to or after April 24, 1945, to
    the Secretary under any Act, except that amendments providing for
    repayment of construction charges in a period of years longer than
    authorized by this subchapter, as it may be amended, shall be
    effective only when approved by Congress.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 7, 53 Stat. 1192; Apr. 24, 1945, ch.
    94, Sec. 2, 59 Stat. 76.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 485c of this title, referred to in subsec. (a), was
    repealed by Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543.

-MISC1-
                                AMENDMENTS                            
      1945 - Subsec. (c). Act Apr. 24, 1945, added second sentence.

        EXTENSION OF SECRETARY'S AUTHORITY TO ENTER INTO AMENDATORY
                                 CONTRACTS
      Secretary's authority extended through Dec. 31, 1960, see section
    485b-1 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 485g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485g. Classification of lands

-STATUTE-
    (a) Generally
      The Secretary is authorized and directed in the manner
    hereinafter provided to classify or to reclassify, from time to
    time but not more often than at five-year intervals, as to
    irrigability and productivity those lands which have been, are, or
    may be included within any project.
    (b) Necessity for request
      No classification or reclassification pursuant to the authority
    of this subchapter shall be undertaken unless a request therefor,
    by an organization or duly authorized representatives of the water
    users, in the form required by subsection (c) of this section has
    been made of the Secretary. The Secretary shall plan the
    classification work, undertaken pursuant to the authority of this
    section, in such manner as in his judgment will result in the most
    expeditious completion of the work.
    (c) Furnishing data
      In any request made to the Secretary for a land classification or
    reclassification under this section, the organization or
    representatives of the water users shall furnish a list of those
    lands which are considered to be of comparatively low productivity
    or to be nonproductive, and of those lands which are considered to
    be of greater or lesser productivity than indicated by existing
    classifications, if any, made pursuant to the Federal reclamation
    laws, and shall furnish also such data relating thereto as the
    Secretary by regulation may require.
    (d) Primary determination
      Upon receipt of any such request the Secretary shall make a
    preliminary determination whether the requested land classification
    or reclassification probably is justified by reason of the
    conditions of the lands involved and other pertinent conditions of
    the project, including its contractual relations with the United
    States.
    (e) Probable justification
      If the Secretary finds probable justification and if the advance
    to the United States hereinafter required is made, he shall
    undertake as soon as practicable the classification or
    reclassification of the lands listed in the request, and of any
    other lands which have been, are, or may be included within the
    project involved and which in his judgment should be classified or
    reclassified.
    (f) Expenses
      One-half of the expense involved in any classification work
    undertaken pursuant to this section shall be charged to operation
    and maintenance administration nonreimbursable; and one-half shall
    be paid in advance by the organization involved. On determining
    probable justification for the requested classification or
    reclassification as provided in this section, the Secretary shall
    estimate the cost of the work involved and shall submit a statement
    of the estimated cost to said organization. Said organization,
    before commencement of the work, shall advance to the United States
    one-half of the amount set forth in said statement and also shall
    advance one-half of the amount of supplementary estimates of costs
    which the Secretary may find it necessary to make from time to time
    during the progress of the work; and said amounts shall be and
    remain available for expenditure by the Secretary for the purposes
    for which they are advanced, until the work is completed or
    abandoned. After completion or abandonment of the work, the
    Secretary, shall determine the actual costs thereof; and said
    organization shall pay any additional amount required to make its
    total payments hereunder equal to one-half of the actual cost or
    shall be credited with any amount by which advances made by it
    exceed one-half of said actual cost, as the case may be.
    (g) Classification as prerequisite to contract
      If in the judgment of the Secretary a classification or
    reclassification pursuant to the provisions of this section is a
    necessary preliminary to entering into a contract under section
    485b or 485c (!1) of this title, he may require the same as a
    condition precedent to entering into such a contract.

    (h) Modification of existing obligations
      No modification of any existing obligation to pay construction
    charges on any project shall be made by reason of any
    classification or reclassification undertaken pursuant to this
    section without express authority therefor granted by Congress upon
    recommendations of the Secretary made in a report under subsection
    (f) of this section.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 8, 53 Stat. 1192; Pub. L. 93-608, Sec.
    1(18), Jan. 2, 1975, 88 Stat. 1970.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in subsec. (c), are
    defined in section 485a of this title.
      Section 485c of this title, referred to in subsec. (g), was
    repealed by Pub. L. 85-611, Sec. 3, Aug. 8, 1958, 72 Stat. 543.

-MISC1-
                                AMENDMENTS                            
      1975 - Subsecs. (f) to (i). Pub. L. 93-608 redesignated subsecs.
    (g) to (i) as (f) to (h), respectively. Former subsec. (f), which
    required a report to Congress by the Secretary on classifications
    and reclassifications or project lands, was struck out.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 485h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h. New projects; sale of water and electric power; lease of
      power privileges

-STATUTE-
    (a) Findings of Secretary
      No expenditures for the construction of any new project, new
    division of a project, or new supplemental works on a project shall
    be made, nor shall estimates be submitted therefor, by the
    Secretary until after he has made an investigation thereof and has
    submitted to the President and to the Congress his report and
    findings on - 
        (1) the engineering feasibility of the proposed construction;
        (2) the estimated cost of the proposed construction;
        (3) the part of the estimated cost which can properly be
      allocated to irrigation and probably be repaid by the water
      users;
        (4) the part of the estimated cost which can properly be
      allocated to power and probably be returned to the United States
      in net power revenues;
        (5) the part of the estimated cost which can properly be
      allocated to municipal water supply or other miscellaneous
      purposes and probably be returned to the United States.

    If the proposed construction is found by the Secretary to have
    engineering feasibility and if the repayable and returnable
    allocations to irrigation, power, and municipal water supply or
    other miscellaneous purposes found by the Secretary to be proper,
    together with any allocation to flood control or navigation made
    under subsection (b) of this section, equal the total estimated
    cost of construction as determined by the Secretary, then the new
    project, new division of a project, or supplemental works on a
    project, covered by his findings, shall be deemed authorized and
    may be undertaken by the Secretary. If all such allocations do not
    equal said total estimated cost, then said new project, new
    division, or new supplemental works may be undertaken by the
    Secretary only after provision therefor has been made by Act of
    Congress enacted after the Secretary has submitted to the President
    and the Congress the report and findings involved.
    (b) Allocation of part of cost to flood control or navigation
      In connection with any new project, new division of a project, or
    supplemental works on a project there may be allocated to flood
    control or navigation the part of said total estimated cost which
    the Secretary may find to be proper. Items for any such allocations
    made in connection with projects which may be undertaken pursuant
    to subsection (a) of this section shall be included in the
    estimates of appropriations submitted by the Secretary for said
    projects, and funds for such portions of the projects shall not
    become available except as directly appropriated or allotted to the
    Department of the Interior. In connection with the making of such
    an allocation, the Secretary shall consult with the Chief of
    Engineers and the Secretary of the Army, and may perform any of the
    necessary investigations or studies under a cooperative agreement
    with the Secretary of the Army. In the event of such an allocation
    the Secretary of the Interior shall operate the project for
    purposes of flood control or navigation, to the extent justified by
    said allocation therefor.
    (c) Furnishing water to municipalities; sale of electric power;
      lease of power privileges
      The Secretary is authorized to enter into contracts to furnish
    water for municipal water supply or miscellaneous purposes:
    Provided, That any such contract either (1) shall require repayment
    to the United States, over a period of not to exceed forty years
    from the year in which water is first delivered for the use of the
    contracting party, with interest not exceeding the rate of 3 1/2 
    per centum per annum if the Secretary determines an interest charge
    to be proper, of an appropriate share as determined by the
    Secretary of that part of the construction costs allocated by him
    to municipal water supply or other miscellaneous purposes; or (2)
    shall be for such periods, not to exceed forty years, and at such
    rates as in the Secretary's judgment will produce revenues at least
    sufficient to cover an appropriate share of the annual operation
    and maintenance cost and an appropriate share of such fixed charges
    as the Secretary deems proper, and shall require the payment of
    said rates each year in advance of delivery of water for said year.
    Any sale of electric power or lease of power privileges, made by
    the Secretary in connection with the operation of any project or
    division of a project, shall be for such periods, not to exceed
    forty years, and at such rates as in his judgment will produce
    power revenues at least sufficient to cover an appropriate share of
    the annual operation and maintenance cost, interest on an
    appropriate share of the construction investment at not less than 3
    per centum per annum, and such other fixed charges as the Secretary
    deems proper: Provided further, That in said sales or leases
    preference shall be given to municipalities and other public
    corporations or agencies; and also to cooperatives and other
    nonprofit organizations financed in whole or in part by loans made
    pursuant to the Rural Electrification Act of 1936 [7 U.S.C. 901 et
    seq.]. Nothing in this subsection shall be applicable to provisions
    in existing contracts, made pursuant to law, for the use of power
    and miscellaneous revenues of a project for the benefit of users of
    water from such project. The provisions of this subsection
    respecting the terms of sales of electric power and leases of power
    privileges shall be in addition and alternative to any authority in
    existing laws relating to particular projects. No contract relating
    to municipal water supply or miscellaneous purposes or to electric
    power or power privileges shall be made unless, in the judgment of
    the Secretary, it will not impair the efficiency of the project for
    irrigation purposes.
    (d) Delivery of water for irrigation; repayment contract
      prerequisites
      No water may be delivered for irrigation of lands in connection
    with any new project, new division of a project, or supplemental
    works on a project until an organization, satisfactory in form and
    powers to the Secretary, has entered into a repayment contract with
    the United States, in a form satisfactory to the Secretary,
    providing among other things - 
        (1) That the Secretary may fix a development period for each
      irrigation block, if any, of not to exceed ten years from and
      including the first calendar year in which water is delivered for
      the lands in said block; and that during the development period
      water shall be delivered to the lands in the irrigation block
      involved at a charge per annum per acre-foot, or other charge, to
      be fixed by the Secretary each year and to be paid in advance of
      delivery of water: Provided, That where the lands included in an
      irrigation block are for the most part lands owned by the United
      States, the Secretary, prior to execution of a repayment
      contract, may fix a development period, but in such case
      execution of such a contract shall be a condition precedent to
      delivery of water after the close of the development period:
      Provided further, That when the Secretary, by contract or by
      notice given thereunder, shall have fixed a development period of
      less than ten years, and at any time thereafter but before
      commencement of the repayment period conditions arise which in
      the judgment of the Secretary would have justified the fixing of
      a longer period, he may amend such contract or notice to extend
      such development period to a date not to exceed ten years from
      its commencement, and in a case where no development period was
      provided, he may amend such contract within the same limits:
      Provided further, That when the Secretary shall have deferred the
      payment of all or any part of any installments of construction
      charges under any repayment contract pursuant to the authority of
      the Act of September 21, 1959 (73 Stat. 584), he may, at any time
      prior to the due date prescribed for the first installment not
      reduced by such deferment, and by agreement with the contracting
      organization, terminate the supplemental contract by which such
      deferment was effected, credit the construction payments made,
      and exercise the authority granted in this section. After the
      close of the development period, any such charges collected and
      which the Secretary determines to be in excess of the cost of the
      operation and maintenance during the development period shall be
      credited to the construction cost of the project in the manner
      determined by the Secretary.
        (2) That the part of the construction costs allocated by the
      Secretary to irrigation shall be included in a general repayment
      obligation of the organization; and that the organization may
      vary its distribution of construction charges in a manner that
      takes into account the productivity of the various classes of
      lands and the benefits accruing to the lands by reason of the
      construction: Provided, That no distribution of construction
      charges over the lands included in the organization shall in any
      manner be deemed to relieve the organization or any party or any
      land therein of the organization's general obligation to the
      United States.
        (3) That the general repayment obligation of the organization
      shall be spread in annual installments, of the number and amounts
      fixed by the Secretary, over a period of not more than 40 years,
      exclusive of any development period fixed under paragraph (1) of
      this subsection, for any project contract unit or, if the project
      contract unit be divided into two or more irrigation blocks, for
      any such block, or as near to said period of not more than forty
      years as is consistent with the adoption and operation of a
      variable payment formula which, being based on full repayment
      within such period under average conditions, permits variance in
      the required annual payments in the light of economic factors
      pertinent to the ability of the organization to pay.
        (4) That the first annual installment for any project contract
      unit, or for any irrigation block, as the case may be, shall
      accrue, on the date fixed by the Secretary, in the year after the
      last year of the development period or, if there be not
      development period, in the calendar year after the Secretary
      announces that the construction contemplated in the repayment
      contract is substantially completed or is advanced to a point
      where delivery of water can be made to substantially all of the
      lands in said unit or block to be irrigated; and if there be no
      development period fixed, that prior to and including the year in
      which the Secretary makes said announcement water shall be
      delivered only on the toll charge basis hereinbefore provided for
      development periods.
    (e) Contracts to furnish water
      In lieu of entering into a repayment contract pursuant to the
    provisions of subsection (d) of this section to cover that part of
    the cost of the construction of works connected with water supply
    and allocated to irrigation, the Secretary, in his discretion, may
    enter into either short- or long-term contracts to furnish water
    for irrigation purposes. Each such contract shall be for such
    period, not to exceed forty years, and at such rates as in the
    Secretary's judgment will produce revenues at least sufficient to
    cover an appropriate share of the annual operation and maintenance
    cost and an appropriate share of such fixed charges as the
    Secretary deems proper, due consideration being given to that part
    of the cost of construction of works connected with water supply
    and allocated to irrigation; and shall require payment of said
    rates each year in advance of delivery of water for said year. In
    the event such contracts are made for furnishing water for
    irrigation purposes, the costs of any irrigation water distribution
    works constructed by the United States in connection with the new
    project, new division of a project, or supplemental works on a
    project, shall be covered by a repayment contract entered into
    pursuant to subsection (d) of this section.
    (f) Public participation
      No less than sixty days before entering into or amending any
    repayment contract or any contract for the delivery of irrigation
    water (except any contract for the delivery of surplus or interim
    irrigation water whose duration is for one year or less) the
    Secretary shall - 
        (1) publish notice of the proposed contract or amendment in
      newspapers of general circulation in the affected area and shall
      make reasonable efforts to otherwise notify interested parties
      which may be affected by such contract or amendment, together
      with information indicating to whom comments or inquiries
      concerning the proposed actions can be addressed; and
        (2) provide an opportunity for submission of written data,
      views and arguments, and shall consider all substantive comments
      so received.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 9, 53 Stat. 1193; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 85-611, Secs. 1,
    3, Aug. 8, 1958, 72 Stat. 542, 543; Pub. L. 87-613, Sec. 2, Aug.
    28, 1962, 76 Stat. 407; Pub. L. 97-293, title II, Sec. 226, Oct.
    12, 1982, 96 Stat. 1273.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Rural Electrification Act of 1936, referred to in subsec.
    (c), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended, which
    is classified generally to chapter 31 (Sec. 901 et seq.) of Title
    7, Agriculture. For complete classification of this Act to the
    Code, see section 901 of Title 7 and Tables.
      Act of September 21, 1959, referred to in subsec. (d)(1), is Pub.
    L. 86-308, Sept. 21, 1959, 73 Stat. 584, which amended section 485b-
    1 of this title, enacted provisions set out as a note under
    section 485b-1 of this title, and amended provisions set out as a
    note under section 485b of this title. For complete classification
    of this Act to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (f). Pub. L. 97-293 added subsec. (f).
      1962 - Subsec. (d)(1). Pub. L. 87-613 authorized the Secretary,
    when a development period of less than ten years was fixed by
    contract and, before repayment period conditions arose which would
    justify a longer period, to amend such contract to extend such
    period to not exceed ten years from its start, and where no period
    was provided, to grant a period not to exceed ten years, and where
    he deferred payment of any construction charges pursuant to act of
    September 21, 1959, authorized him, prior to the due date of the
    first installment not reduced by such deferment, by agreement with
    the contracting organization, to terminate the supplemental
    contract by which such deferment was effected, credit the
    construction payments made, and exercise the authority granted in
    this section.
      1958 - Subsec. (d)(3). Pub. L. 85-611, Sec. 1, permitted the
    general repayment obligation to be spread in annual installments as
    near to the period of not more than 40 years as is consistent with
    the adoption and operation of a variable payment formula which
    permits variance in the required annual payments.
      Subsec. (d)(5). Pub. L. 85-611, Sec. 3, struck out provisions
    which required repayment contracts to provide that each year the
    installment of the organization's repayment obligation scheduled
    for such year shall be the construction charges due and payable for
    such year, or that each year the installment for such year of the
    organization's repayment obligation shall be increased or decreased
    on the basis of the normal and percentages plan provided in former
    section 485c of this title for modification of existing obligations
    to pay construction charges, and the amount of the annual
    installment, as thus increased or decreased, shall be the
    construction charges due and payable for such year.

-CHANGE-
                              CHANGE OF NAME                          
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted "Title 10, Armed Forces" which in sections 3010 to 3013
    continued Department of the Army under administrative supervision
    of Secretary of the Army.

-MISC2-
                CONSTRUCTION WITH SECTION 101-1 OF TITLE 33            
      Section as amended and modified by act Dec. 22, 1944, ch. 665,
    Sec. 1(c), 58 Stat. 665, see section 701-1(c) of Title 33,
    Navigation and Navigable Waters.

        MUNICIPAL, DOMESTIC, AND INDUSTRIAL WATER SUPPLY CONTRACTS;
     RENEWALS; CONFORMING AMENDMENTS TO EXISTING CONTRACTS; "LONG-TERM
                             CONTRACT" DEFINED
      Pub. L. 88-44, June 21, 1963, 77 Stat. 68, provided: "That the
    Secretary of the Interior shall, upon request of the other party to
    any long-term contract for municipal, domestic, or industrial water
    supply hereafter entered into under clause (2) in the proviso to
    the first sentence of section 9, subsection (c), of the Reclamation
    Project Act of 1939 (53 Stat. 1195, 43 U.S.C. 485h), include
    provision for renewal thereof subject to renegotiation of (1) the
    charges set forth in the contract in the light of circumstances
    prevailing at the time of renewal and (2) any other matters with
    respect to which the right to renegotiate is reserved in the
    contract. Any right of renewal shall be exercised within such
    reasonable time prior to the expiration of the contract as the
    parties shall have agreed upon and set forth therein.
      "Sec. 2. The Secretary shall also, upon like request, provide in
    any such long-term contract or in any contract entered into under
    clause (1) of the proviso aforesaid that the other party to the
    contract shall, during the term of the contract and of any renewal
    thereof and subject to fulfillment of all obligations thereunder,
    have a first right for the purposes stated in the contract (to
    which right the holders of any other type of contract for
    municipal, domestic, or industrial water supply shall be
    subordinate) to a stated share or quantity of the project's water
    supply available for municipal, domestic, or industrial use.
      "Sec. 3. The Secretary is hereby authorized, upon request by the
    other party, to negotiate amendments to existing contracts entered
    into pursuant to the first sentence of section 9, subsection (c),
    of the Reclamation Project Act of 1939 [subsec. (c) of this
    section] to conform said contracts to the provisions of this Act.
      "Sec. 4. As used in this Act, the term 'long-term contract' means
    any contract the term of which is more than ten years."

         EXTENSION OF VARIABLE PAYMENT PLAN TO OTHER ORGANIZATIONS     
      Section 2 of Pub. L. 85-611 provided that: "The benefits of a
    variable payment plan as provided in the amendment to paragraph (3)
    of section 9, subsection (d), of the Reclamation Project Act of
    1939 [subsec. (d)(3) of this section] contained in section 1 of
    this Act may be extended by the Secretary to any organization with
    which he contracts or has contracted for the repayment of
    construction costs allocated to irrigation on any project
    undertaken by the United States, including contracts under the Act
    of August 11, 1939 (53 Stat. 1418), as amended [section 590y et
    seq. of Title 16, Conservation], and contracts for the storage of
    water or for the use of stored water under section 8 of the Act of
    December 22, 1944 (58 Stat. 887, 891) [section 390 of this title].
    In the case of any project for which a maximum repayment period
    longer than that prescribed in said paragraph (3) has been or is
    allowed by Act of Congress, the period so allowed may be used by
    the Secretary in lieu of the forty-year period provided in said
    amendment to paragraph (3)."

-End-

-CITE-
    43 USC Sec. 485h-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h-1. Administration of repayment contracts and long-term
      contracts to furnish water; renewal and conversion; credit for
      payments; right to available water supply; rates; construction
      component

-STATUTE-
      In administering subsections (d) and (e) of section 485h of this
    title, the Secretary of the Interior shall - 
        (1) include in any long-term contract hereafter entered into
      under subsection (e) of section 485h of this title provision, if
      the other contracting party so requests, for renewal thereof
      under stated terms and conditions mutually agreeable to the
      parties. Such terms and conditions shall provide for an increase
      or decrease in the charges set forth in the contract to reflect,
      among other things, increases or decreases in construction,
      operation, and maintenance costs and improvement or deterioration
      in the party's repayment capacity. Any right of renewal shall be
      exercised within such reasonable time prior to the expiration of
      the contract as the parties shall have agreed upon and set forth
      therein;
        (2) include in any long-term contract hereafter entered into
      under subsection (e) of section 485h of this title with a
      contracting organization provision, if the organization so
      requests, for conversion of said contract, under stated terms and
      conditions mutually agreeable to the parties, to a contract under
      subsection (d) of section 485h of this title at such time as,
      account being taken of the amount credited to return by the
      organization as hereinafter provided, the remaining amount of
      construction cost which is properly assignable for ultimate
      return by it can probably be repaid to the United States within
      the term of a contract under subsection (d) of section 485h of
      this title;
        (3) credit each year to every party which has entered into or
      which shall enter into a long-term contract pursuant to
      subsection (e) of section 485h of this title so much of the
      amount paid by said party on or before the due date as is in
      excess of the share of the operation and maintenance costs of the
      project which the Secretary finds is properly chargeable to that
      party. Credit for payments heretofore made under any such
      contract shall be established by the Secretary as soon after July
      2, 1956 as it is feasible for him to do so. After the sum of such
      credits is equal to the amount which would have been for
      repayment by the party if a repayment contract under subsection
      (d) of section 485h of this title had been entered into, which
      amount shall be established by the Secretary upon completion of
      the project concerned or as far in advance thereof as is
      feasible, no construction component shall be included in any
      charges made for the furnishing of water to the contracting party
      and any charges theretofore fixed by contract or otherwise shall
      be reduced accordingly;
        (4) provide that the other party to any contract entered into
      pursuant to subsection (d) of section 485h of this title or to
      any long-term contract entered into pursuant to subsection (e) of
      section 485h of this title shall, during the term of the contract
      and of any renewal thereof and subject to fulfillment of all
      obligations thereunder, have a first right (to which right the
      rights of the holders of any other type of irrigation water
      contract shall be subordinate) to a stated share or quantity of
      the project's available water supply for beneficial use on the
      irrigable lands within the boundaries of, or owned by, the party
      and a permanent right to such share or quantity upon completion
      of payment of the amount assigned for ultimate return by the
      party subject to payment of an appropriate share of such costs,
      if any, as may thereafter be incurred by the United States in its
      operation and maintenance of the project works; and (!1)

        (5) Provide (!2) for payment of rates under any contract
      entered into pursuant to said subsection (e) in advance of
      delivery of water on an annual, semiannual, bimonthly, or monthly
      basis as specified in the contract.(!3)

        (6) include a reasonable construction component in the rates
      set out in any long-term contract hereafter entered into under
      subsection (e) of section 485h of this title prior to
      amortization of that part of the cost of constructing the project
      which is assigned to be repaid by the contracting party.

-SOURCE-
    (July 2, 1956, ch. 492, Sec. 1, 70 Stat. 483; Pub. L. 96-375, Sec.
    8, Oct. 3, 1980, 94 Stat. 1507.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Reclamation Project Act of
    1939 which comprises this subchapter.

-MISC1-
                                AMENDMENTS                            
      1980 - Cl. (5). Pub. L. 96-375 authorized payments on a bimonthly
    and monthly basis.

-FOOTNOTE-               

    (!1) So in original. The word "and" probably should not appear.

               

    (!2) So in original. Probably should not be capitalized.

    (!3) So in original. The period probably should be "; and".

-End-

-CITE-
    43 USC Sec. 485h-2                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h-2. Amendments to existing contracts

-STATUTE-
      The Secretary is authorized to negotiate amendments to existing
    contracts entered into pursuant to subsection (e) of section 485h
    of this title to conform said contracts to the provisions of
    sections 485h-1 to 485h-5 of this title.

-SOURCE-
    (July 2, 1956, ch. 492, Sec. 2, 70 Stat. 484.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Reclamation Project Act of
    1939 which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 485h-3                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h-3. "Long-term contract" defined

-STATUTE-
      As used in sections 485h-1 to 485h-5 of this title, the term
    "long-term contract" shall mean any contract the term of which is
    more than ten years.

-SOURCE-
    (July 2, 1956, ch. 492, Sec. 3, 70 Stat. 484.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Reclamation Project Act of
    1939 which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 485h-4                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h-4. Application of State laws

-STATUTE-
      Nothing in sections 485h-1 to 485h-5 of this title shall be
    construed as affecting or intended to affect or to in any way
    interfere with the laws of any State relating to the control,
    appropriation, use, or distribution of water used in irrigation, or
    any vested right acquired thereunder, and the Secretary in carrying
    out the provisions of such sections, shall proceed in conformity
    with such laws, and nothing herein shall in any way affect any
    right of any State or of the Federal Government or of any
    landowner, appropriator, or user of water in, to, or from any
    interstate stream or the waters thereof: Provided, That the right
    to the use of water acquired under the provisions of such sections
    shall be appurtenant to the land irrigated and beneficial use shall
    be the basis, the measure, and the limit of the right.

-SOURCE-
    (July 2, 1956, ch. 492, Sec. 4, 70 Stat. 484.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Reclamation Project Act of
    1939 which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 485h-5                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h-5. Supplement to Federal reclamation laws

-STATUTE-
      Sections 485h-1 to 485h-5 of this title shall be a supplement to
    the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388,
    and Acts amendatory thereof or supplementary thereto).

-SOURCE-
    (July 2, 1956, ch. 492, Sec. 5, 70 Stat. 484.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Reclamation Project Act of
    1939 which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 485h-6                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h-6. Repayment contracts; amendment for provision, addition
      or modification of irrigation blocks

-STATUTE-
      After the execution of a contract pursuant to the authority of
    section 9(d)(1) of the Reclamation Project Act of 1939 [43 U.S.C.
    485h(d)(1)] and prior to the commencement of the development period
    provided thereunder, the Secretary of the Interior is authorized to
    amend such contract to provide for irrigation blocks, or if such
    are already provided, to add to or modify such irrigation blocks,
    as he shall deem desirable to carry out the purposes of that Act.

-SOURCE-
    (Pub. L. 87-613, Sec. 1, Aug. 28, 1962, 76 Stat. 407.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      That Act, referred to in text, means act Aug. 4, 1939, ch. 418,
    53 Stat. 1187, as amended, which enacted this subchapter, sections
    375a, 380a, and 387 to 389 of this title and section 16d of Title
    41, Public Contracts, and enacted provision set out as a note under
    section 485j of this title. For complete classification of this Act
    to the Code, see section 485k of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Reclamation Project Act of
    1939 which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 485h-7                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485h-7. Amendment of repayment contract for payment of annual
      installments in two parts

-STATUTE-
      In any repayment contract which provides for payment of
    construction charges by single annual installments, the Secretary
    may by agreement with the contracting organization amend such
    contract to provide for the payment of such annual installments in
    two parts on such dates in the calendar year as may best enable the
    contracting organization to meet its payments.

-SOURCE-
    (Pub. L. 87-613, Sec. 3, Aug. 28, 1962, 76 Stat. 408.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Reclamation Project Act of
    1939 which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 485i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485i. Rules and regulations

-STATUTE-
      The Secretary is authorized to perform any and all acts and to
    make such rules and regulations as may be necessary and proper for
    the purpose of carrying the provisions of this subchapter into full
    force and effect.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 15, 53 Stat. 1198.)

-End-

-CITE-
    43 USC Sec. 485j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485j. Effect on existing laws

-STATUTE-
      The provisions of previous Acts of Congress not inconsistent with
    the provisions of this subchapter shall remain in full force and
    effect.

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 16, 53 Stat. 1198.)

-MISC1-
                       CONSTRUCTION WITH OTHER LAWS                   
      Section 18 of act Aug. 4, 1939, provided: "Nothing in this Act
    [see section 485k of this title] shall be construed to amend the
    Boulder Canyon Project Act (45 Stat. 1057), as amended [section 617
    et seq. of this title]."

-End-

-CITE-
    43 USC Sec. 485k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER X - PAYMENT OF CONSTRUCTION CHARGES

-HEAD-
    Sec. 485k. Short title

-STATUTE-
      This subchapter may be cited as the "Reclamation Project Act of
    1939."

-SOURCE-
    (Aug. 4, 1939, ch. 418, Sec. 19, 53 Stat. 1198.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, as amended,
    which enacted this subchapter, sections 375a, 380a, and 387 to 389
    of this title and section 16d of Title 41, Public Contracts, and
    enacted provision set out as a note under section 485j of this
    title. For complete classification of this Act to the Code, see
    Tables.

-End-

-CITE-
    43 USC SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS
           GENERALLY                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
       SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY   

-End-

-CITE-
    43 USC Sec. 491                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 491. Authority of Secretary to operate works

-STATUTE-
      The Secretary of the Interior is authorized and directed to use
    the reclamation fund for the operation and maintenance of all
    reservoirs and irrigation works constructed under the provisions of
    this Act.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 6, 32 Stat. 389.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 17, 1902, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of part of section 6 of act June 17, 1902.
    Remainder of such section 6 is classified to section 498 of this
    title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 492                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 492. Operation and maintenance charges generally

-STATUTE-
      In addition to the construction charge, every water-right
    applicant, entryman, or landowner under or upon a reclamation
    project shall also pay, whenever water service is available for the
    irrigation of his land, an operation and maintenance charge based
    upon the total cost of operation and maintenance of the project, or
    each separate unit thereof, and such charge shall be made for each
    acre-foot of water delivered; but each acre of irrigable land,
    whether irrigated or not, shall be charged with a minimum operation
    and maintenance charge based upon the charge for delivery of not
    less than one acre-foot of water. If the total amount of operation
    and maintenance charges and penalties collected for any one
    irrigation season on any project shall exceed the cost of operation
    and maintenance of the project during that irrigation season, the
    balance shall be applied to a reduction of the charge on the
    project for the next irrigation season, and any deficit incurred
    may likewise be added to the charge for the next irrigation season.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 5, 38 Stat. 687.)

-COD-
                               CODIFICATION                           
      Section is comprised of part of first sentence and second
    sentence of section 5 of act Aug. 13, 1914. Remainder of first
    sentence of such section is classified to section 499 of this
    title.

-End-

-CITE-
    43 USC Sec. 493                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 493. Operation charges; date of payment; discount; advance
      payment

-STATUTE-
      All operation and maintenance charges upon projects existing
    prior to December 5, 1924, shall become due and payable on the date
    fixed for each project by the Secretary of the Interior, and if
    such charge is paid on or before the date when due there shall be a
    discount of 5 per centum of such charge.
      All contracts providing for new projects and new divisions of
    projects approved after December 5, 1924, shall require that all
    operation and maintenance charges shall be payable in advance. In
    each case where the care, operation, and maintenance of a project
    or division of a project are transferred to the water users the
    contract shall require the payment of operation and maintenance
    charges in advance. Whenever an adjustment of water charges is made
    under sections 371, 376, 377, 412, 417, 433, 438,(!1) 462, 463,(!1)
    466, 467,(!1) 473,(!1) 474,(!1) 478, 493, 494, 500, 501 and 526 of
    this title the adjustment contract shall provide that thereafter
    all operation and maintenance charges shall be payable in advance.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688; Dec. 5, 1924, ch. 4,
    Sec. 4, subsec. N, 43 Stat. 704.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 438 of this title, referred to in text, was repealed by
    act Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568.
      Sections 463, 467, 473, and 474 of this title, referred to in
    text, were repealed by act May 25, 1926, ch. 383, Sec. 47, 44 Stat.
    650.

-COD-
                               CODIFICATION                           
      First paragraph of this section is comprised of part of first
    sentence of section 6 of act Aug. 13, 1914. Remainder of first
    sentence of such section 6 is classified to sections 479, 494, and
    495 of this title; second and third sentences of such section 6 are
    classified to sections 496 and 497 of this title, respectively.
      Second paragraph of this section is from act Dec. 5, 1924.
      Language was inserted in the first paragraph of this section
    limiting it to projects existing prior to Dec. 5, 1924, to avoid
    conflict with second paragraph applicable to projects after Dec. 5,
    1924.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 493a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 493a. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 10, 1926, ch. 277, 44 Stat. 479, authorized
    Secretary of the Interior, until June 30, 1927, to extend time for
    payment of charges for period not exceeding 5 years.

-End-

-CITE-
    43 USC Sec. 494                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 494. Pecuniary penalty for nonpayment of operation charge

-STATUTE-
      If any operation or maintenance charge is unpaid on the 1st day
    of the third calendar month after it became due a penalty of 1 per
    centum of the amount unpaid shall be added thereto, and thereafter
    an additional penalty of one-half of 1 per centum of the amount
    unpaid shall be added on the 1st day of each calendar month if such
    charge and penalties shall remain unpaid.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688; Dec. 5, 1924, ch. 4,
    Sec. 4, subsec. H, 43 Stat. 703.)

-COD-
                               CODIFICATION                           
      Section is comprised of part of first sentence of section 6 of
    act Aug. 13, 1914. Remainder of first sentence of such section 6 is
    classified to sections 479, 493 and 495 of this title; second and
    third sentences of such section 6 are classified to sections 496
    and 497 of this title, respectively.
      Act Dec. 5, 1924, reduced the additional penalty from 1 per
    centum to one-half of 1 per centum.

-End-

-CITE-
    43 USC Sec. 495                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 495. Shutting off water for nonpayment of operation charge

-STATUTE-
      No water shall be delivered to the lands of any water-right
    applicant or entryman who shall be in arrears for more than one
    calendar year for the payment of any charge for operation and
    maintenance.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-
                               CODIFICATION                           
      Section is comprised of part of first sentence of section 6 of
    act Aug. 13, 1914. Remainder of first sentence of such section 6 is
    classified to sections 479, 493 and 494 of this title; second and
    third sentences of such section 6 are classified to sections 496
    and 497 of this title, respectively.

-End-

-CITE-
    43 USC Sec. 496                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 496. Cancellation of entry or water right for nonpayment of
      operation charge

-STATUTE-
      If any water-right applicant or entryman shall be one year in
    arrears in the payment of any charge for operation and maintenance
    and penalties, or any part thereof, his water-right application,
    and if he be a homestead entryman his entry also, shall be subject
    to cancellation, and all payments made by him forfeited to the
    reclamation fund, but no homestead entry shall be subject to
    contest because of such arrears.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-
                               CODIFICATION                           
      Section is comprised of second sentence of section 6 of act Aug.
    13, 1914. First and third sentences of such section 6 are
    classified to sections 479, 493, 494, 495, 497 of this title,
    respectively.

-End-

-CITE-
    43 USC Sec. 497                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 497. Action to recover operation charge and penalty

-STATUTE-
      In the discretion of the Secretary of the Interior suit or action
    may be brought for the amounts of operation or maintenance charges
    in default and penalties in like manner as provided in section 481
    of this title.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 6, 38 Stat. 688.)

-COD-
                               CODIFICATION                           
      Section is comprised of third sentence of section 6 of act Aug.
    13, 1914. First and second sentences of such section 6 are
    classified to sections 479, 493, 494, 495, and 496 of this title,
    respectively.

-End-

-CITE-
    43 USC Sec. 498                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 498. Transfer of management and operation of works to water
      users generally

-STATUTE-
      When the payments required by this Act are made for the major
    portion of the lands irrigated from the waters of any of the works
    herein provided for, then the management and operation of such
    irrigation works shall pass to the owners of the lands irrigated
    thereby, to be maintained at their expense under such form of
    organization and under such rules and regulations as may be
    acceptable to the Secretary of the Interior; Provided, That the
    title to and the management and operation of the reservoirs and the
    works necessary for their protection and operation shall remain in
    the Government until otherwise provided by Congress.

-SOURCE-
    (June 17, 1902, ch. 1093, Sec. 6, 32 Stat. 389.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 17, 1902, popularly
    known as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of part of section 6 of act June 17, 1902.
    Remainder of such section 6 is classified to section 491 of this
    title.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 499                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 499. Discretionary power to transfer management

-STATUTE-
      Whenever any legally organized water-users' association or
    irrigation district shall so request, the Secretary of the Interior
    is authorized, in his discretion, to transfer to such water-users'
    association or irrigation district the care, operation, and
    maintenance of all or any part of the project works, subject to
    such rules and regulations as he may prescribe.

-SOURCE-
    (Aug. 13, 1914, ch. 247, Sec. 5, 38 Stat. 687.)

-COD-
                               CODIFICATION                           
      Section is comprised of part of first sentence of section 5 of
    act Aug. 13, 1914. Remainder of first sentence and second sentence
    of such section 5 are classified to section 492 of this title.

-End-

-CITE-
    43 USC Sec. 499a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 499a. Transfer of title to movable property; use of
      appropriations

-STATUTE-
      Whenever an irrigation district, municipality, or water users'
    organization assumes operation and maintenance of works constructed
    to furnish or distribute a water supply pursuant to a contract
    entered into with the United States in accordance with the Federal
    reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts
    amendatory thereof or supplementary thereto), the Secretary of the
    Interior may transfer to said district, municipality, or
    organization title to movable property which has been purchased
    with funds advanced by the district, municipality, or organization
    or which, in the case of property purchased with appropriated
    funds, is necessary to the operation and maintenance of such works
    and the value of which is to be repaid under a contract with the
    district, municipality, or organization. In order to encourage the
    assumption by irrigation districts, municipalities, and water
    users' organizations of the operation and maintenance of works
    constructed to furnish or distribute a water supply, the Secretary
    is authorized to use appropriated funds available for the project
    involved to acquire movable property for transfer under the terms
    and conditions hereinbefore provided, at the time operation and
    maintenance is assumed.

-SOURCE-
    (July 29, 1954, ch. 616, 68 Stat. 580; Aug. 2, 1956, ch. 884, 70
    Stat. 940; Pub. L. 89-48, Sec. 1, June 24, 1965, 79 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-48 extended provisions to municipalities and
    broadened their scope, previously limited to operation and
    maintenance of irrigation works, to cover operation and maintenance
    of works constructed to furnish or distribute a water supply.
      1956 - Act Aug. 2, 1956, authorized Secretary to use appropriated
    funds for a project to acquire movable property for transfer to
    irrigation districts and other water users' organizations to
    encourage them to take over operation and maintenance of
    reclamation projects as soon as they are completed.

                                SHORT TITLE                            
      This section is popularly known as the "Title to Movable Property
    Act."

-End-

-CITE-
    43 USC Sec. 499b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 499b. Transfer to municipal corporations or other
      organizations of care, operation, and maintenance of works
      supplying water for municipal, domestic, or industrial use

-STATUTE-
      Whenever a municipal corporation or other organization to which
    water for municipal, domestic, or industrial use is furnished or
    distributed under a contract entered into with the United States
    pursuant to the Federal reclamation laws so requests, the Secretary
    of the Interior is authorized to transfer to it or its nominee the
    care, operation, and maintenance of the works by which such water
    supply is made available or such part of those works as, in his
    judgment, is appropriate in the circumstances, subject to such
    terms and conditions as he may prescribe.

-SOURCE-
    (Pub. L. 89-48, Sec. 2, June 24, 1965, 79 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 500                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 500. Duty of association or district to take over management

-STATUTE-
      Whenever two-thirds of the irrigable area of any project, or
    division of a project, shall be covered by water-right contracts
    between the water users and the United States, said project shall
    be required, as a condition precedent to receiving the benefits of
    sections 371, 376, 377, 412, 417, 433, 438,(!1) 462, 463,(!1) 466,
    467,(!1) 473,(!1) 474,(!1) 478, 493, 494, 500, 501, and 526 of this
    title to take over, through a legally organized water-users'
    association or irrigation district, the care, operation, and
    maintenance of all or any part of the project works, subject to
    such rules and regulations as the Secretary may prescribe, and
    thereafter the United States, in its relation to said project,
    shall deal with a water users' association or irrigation district,
    and when the water users assume control of a project, the operation
    and maintenance charges for the year then current shall be covered
    into the construction account to be repaid as part of the
    construction repayments.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. G, 43 Stat. 702.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 438 of this title, referred to in text, was repealed by
    act Aug. 13, 1953, ch. 428, Sec. 10, 67 Stat. 568.
      Sections 463, 467, 473, and 474 of this title, referred to in
    text, were repealed by act May 25, 1926, ch. 383, Sec. 47, 44 Stat.
    650.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 501                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 501. Disposition of profits of project taken over by water
      users

-STATUTE-
      Whenever the water users take over the care, operation, and
    maintenance of a project, or a division of a project, the total
    accumulated net profits, as determined by the Secretary, derived
    from the operation of project power plants, leasing of project
    grazing and farm lands, and the sale or use of town sites shall be
    credited to the construction charge of the project, or a division
    thereof, and thereafter the net profits from such sources may be
    used by the water users to be credited annually, first, on account
    of project construction charge, second, on account of project
    operation and maintenance charge, and third, as the water users may
    direct. No distribution to individual water users shall be made out
    of any such profits before all obligations to the Government shall
    have been fully paid.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. I, 43 Stat. 703.)

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC Sec. 502                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 502. Emergency fund to assure continuous operation of projects
      and project facilities governed by Federal reclamation law

-STATUTE-
      In order to assure continuous operation of all projects and
    project facilities governed by the Federal reclamation law (Act of
    June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or
    supplementary thereto), including any project and facilities
    constructed with funds provided by the Small Reclamation Projects
    Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory
    thereof or supplementary thereto) [43 U.S.C. 422a et seq.] or with
    funds provided by the Distribution System Loans Act (Act of May 14,
    1956, 69 Stat. 244, and Acts amendatory thereof or supplementary
    thereto), there is hereby authorized to be appropriated from the
    reclamation fund an emergency fund which shall be available for
    defraying expenses which the Commissioner of Reclamation determines
    are required to be incurred because of unusual or emergency
    conditions.

-SOURCE-
    (June 26, 1948, ch. 676, Sec. 1, 62 Stat. 1052; Pub. L. 97-275,
    Oct. 1, 1982, 96 Stat. 1185.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.
      The Small Reclamation Projects Act, referred to in text, probably
    means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956,
    ch. 972, 70 Stat. 1044, as amended, which is classified generally
    to subchapter IV (Sec. 422a et seq.) of this chapter. For complete
    classification of this Act to the Code, see section 422k of this
    title and Tables.
      The Distribution System Loans Act (Act of May 14, 1956, 69 Stat.
    244, and Acts amendatory thereof or supplementary thereto),
    referred to in text, probably means act July 4, 1955, ch. 271, 69
    Stat. 244, as amended, which is classified generally to sections
    421a to 421h of this title. Act May 14, 1956, ch. 268, 70 Stat.
    155, amended section 421c of this title. For complete
    classification of this Act to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-275 substituted "all projects and project
    facilities governed by the Federal reclamation law (Act of June 17,
    1902, 32 Stat. 388, and Acts amendatory thereof or supplementary
    thereto), including any project and facilities constructed with
    funds provided by the Small Reclamation Projects Act (Act of August
    6, 1956, 70 Stat. 1044, and Acts amendatory thereof or
    supplementary thereto) or with funds provided by the Distribution
    System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts
    amendatory thereof or supplementary thereto)" for "irrigation or
    power systems operated and maintained by the Bureau of Reclamation,
    Department of the Interior".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-MISC2-
                        EMERGENCY DROUGHT AUTHORITY                    
      Pub. L. 100-387, title IV, subtitle B, Aug. 11, 1988, 102 Stat.
    957, provided that:

              "PART 1 - RECLAMATION STATES DROUGHT ASSISTANCE          

      "SEC. 411. SHORT TITLE.
      "This part may be cited as the 'Reclamation States Drought
    Assistance Act of 1988'.

      "SEC. 412. ASSISTANCE DURING DROUGHT.
      "The Secretary of the Interior, acting under the authorities of
    the Federal reclamation laws (the Act of June 17, 1902 (32 Stat.
    388), and Acts supplementary thereto and amendatory thereof) [43
    U.S.C. 371 et seq.] and other appropriate authorities of the
    Secretary shall - 
        "(1)(A) perform studies to identify opportunities to augment,
      make use of, or conserve water supplies available to Federal
      reclamation projects and Indian water resource developments,
      which studies shall be completed no later than March 1, 1990; and
        "(B) consistent with existing contractual arrangements and
      State law, and without further authorization, undertake
      construction, management, and conservation activities that will
      mitigate or can be expected to have an effect in mitigating
      losses and damages resulting from drought conditions in 1987,
      1988, or 1989, which construction shall be completed by December
      31, 1989; and
        "(2) assist willing buyers in their purchase of available water
      supplies from willing sellers and redistribute such water based
      upon priorities to be determined by the Secretary consistent with
      State law, with the objective of minimizing losses and damages
      resulting from drought conditions in 1987, 1988, and 1989.

      "SEC. 413. AVAILABILITY OF WATER ON A TEMPORARY BASIS.
      "(a) General Authority. - The Secretary of the Interior may make
    available, by contract, consistent with existing contracts or
    agreements and State law, water or canal capacity at existing
    Federal reclamation projects to water users and others, on a
    temporary basis to mitigate losses and damages resulting from
    drought conditions in 1987, 1988, and 1989.
      "(b) Contracts. - Any contract signed under this section shall
    provide that - 
        "(1) the price for the use of such water shall be at least
      sufficient to recover all Federal operation and maintenance
      costs, and an appropriate share of capital costs, except that,
      for water delivered to a landholding in excess of 960 acres of
      class I lands or the equivalent thereof for a qualified recipient
      and 320 acres of class I lands or the equivalent thereof for a
      limited recipient, the cost of such water shall be full cost (as
      defined in section 202(3)(A) of Public Law 97-293, 43 U.S.C.
      390bb) for those acres in excess of 960 acres or 320 acres, as
      appropriate;
        "(2) the lands not now subject to reclamation law that receive
      temporary irrigation water supplies under this section shall not
      become subject to the ownership limitations of Federal
      reclamation law because of the delivery of such temporary water
      supplies;
        "(3) the lands that are subject to the ownership limitations of
      Federal reclamation law shall not be exempted from those
      limitations because of the delivery of such temporary water
      supplies; and
        "(4) the contract shall terminate no later than December 31,
      1989.
      "(c) Fish and Wildlife. - The Secretary may make available water
    for the purposes of protecting fish and wildlife resources,
    including mitigating losses that occur as a result of drought
    conditions.

      "SEC. 414. EMERGENCY LOAN PROGRAM.
      "The Secretary of the Interior may make loans to water users for
    the purposes of undertaking management, conservation activities, or
    the acquisition and transportation of water consistent with State
    law, that can be expected to have an effect in mitigating losses
    and damages resulting from drought conditions in 1987, 1988, and
    1989. Such loans shall be made available under such terms and
    conditions as the Secretary deems appropriate. Section 203(a) of
    the Reclamation Reform Act of 1982 (Public Law 97-293; 43 U.S.C.
    390cc) shall not apply to any contract to repay such loan.

      "SEC. 415. INTERAGENCY COORDINATION.
      "The program established by this part, to the extent practicable,
    shall be coordinated with emergency and disaster relief operations
    conducted by other Federal and State agencies under other
    provisions of law. The Secretary of the Interior shall consult such
    other Federal and State agencies as he deems necessary. Other
    Federal agencies performing relief functions under other Federal
    authorities shall provide the Secretary with information and
    records that the Secretary deems necessary for the administration
    of this part.

      "SEC. 416. REPORT.
      "Not later than March 1, 1990, the Secretary of the Interior
    shall submit a report and recommendations to the President and
    Congress on - 
        "(1) expenditures and accomplishments under this part;
        "(2) legislative and administrative recommendations for
      responding to droughts and drought related problems in the
      Reclamation States; and
        "(3) structural and non-structural measures to mitigate the
      effects of droughts.

      "SEC. 417. CARRYOVER STORAGE AND WATER, NEW MELONES UNIT, CENTRAL
        VALLEY PROJECT, CALIFORNIA.
      "The first undesignated paragraph under the heading 'San Joaquin
    River Basin' in section 203 of the Flood Control Act of 1962
    (Public Law 87-874, 76 Stat. 1191) is amended by inserting before
    the last period the following: ': And provided further, That the
    Secretary of the Interior is authorized to make available to the
    Oakdale and South San Joaquin irrigation districts, at the current
    contract rate, unallocated storage of such districts carried over
    from the previous year'.

      "SEC. 418. INITIATION AND DEADLINE OF EMERGENCY DROUGHT PROGRAM.
      "(a) Limitation. - The programs and authorities established under
    this part shall become operative in any Reclamation State only
    after - 
        "(1) the Governor of that State has declared a drought
      emergency; and
        "(2) the affected area is declared eligible for Federal
      disaster relief under applicable rules and regulations.
      "(b) Termination. - The programs and authorities established
    under this part shall terminate on December 31, 1989, unless
    otherwise specifically stated.

                          "PART 2 - WATER PROJECT                      

      "SEC. 421. CENTRAL VALLEY PROJECT WATER RELEASES.
      "The Secretary of the Interior is authorized to install a
    temperature control curtain as a demonstration project at Shasta
    Dam, Central Valley project, California, at a cost not to exceed
    $5,500,000. The purpose of the demonstration project is to
    determine the effectiveness of the temperature control curtain in
    controlling the temperature of water releases from Shasta Dam, so
    as to protect and enhance anadromous fisheries in the Sacramento
    River and San Francisco Bay/Sacramento-San Joaquin Delta and
    Estuary[.]

                "PART 3 - AUTHORIZATION AND SAVINGS CLAUSE            

      "SEC. 431. AUTHORIZATION OF APPROPRIATIONS.
      "(a) There are authorized to be appropriated a total amount not
    to exceed $25,000,000 for section 412(1)(B) and section 414 of this
    subtitle.
      "(b) Unless otherwise specified, there are authorized to be
    appropriated such sums as may be necessary to carry out the
    remaining provisions of this subtitle.

      "SEC. 432. SAVINGS CLAUSE.
      "Nothing in this subtitle shall be construed as limiting or
    restricting the power and authority of the United States or - 
        "(1) as affecting in any way any law governing appropriation or
      use of, or Federal right to, water on public lands;
        "(2) as expanding or diminishing Federal or State jurisdiction,
      responsibility, interests, or rights in water resources
      development or control;
        "(3) as displacing, superseding, limiting, or modifying any
      interstate compact or the jurisdiction or responsibility of any
      legally established joint or common agency of two or more States
      or of two States and the Federal Government;
        "(4) as superseding, modifying, or repealing, except as
      specifically set forth in this subtitle, existing law applicable
      to the various Federal agencies; or
        "(5) as modifying the terms of any interstate compact."

    USE OF WESTERN AREA POWER ADMINISTRATION CONTINUING FUND TO PAY FOR
         PURCHASE POWER AND WHEELING EXPENSES TO MEET CONTRACTUAL
     OBLIGATIONS DURING PERIODS OF BELOW-AVERAGE HYDROPOWER GENERATION
      Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 661,
    provided: "That, the continuing fund established in Public Law 98-
    50 [July 14, 1983, 97 Stat. 247, 257] shall also be available on
    an ongoing basis for paying for purchase power and wheeling
    expenses when the Administrator determines that such expenditures
    are necessary to meet contractual obligations for the sale and
    delivery of power during periods of below-normal hydropower
    generation. Payments from the continuing fund shall be limited to
    the amount required to replace the generation deficiency, and only
    for the project where the deficiency occurred. Replenishment of the
    continuing fund shall occur within twelve months of the month in
    which the funds were first expended."

                              EMERGENCY FUND                          
      Provisions relating to appropriations for the emergency fund to
    assure continuous operation of projects and project facilities
    governed by Federal reclamation law were contained in the following
    appropriation acts:
      Pub. L. 103-316, title II, Aug. 26, 1994, 108 Stat. 1714.
      Pub. L. 103-126, title II, Oct. 28, 1993, 107 Stat. 1324.
      Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1329.
      Pub. L. 102-104, title II, Aug. 17, 1991, 105 Stat. 524.
      Pub. L. 101-514, title II, Nov. 5, 1990, 104 Stat. 2085.
      Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 654.
      Pub. L. 100-371, title II, July 19, 1988, 102 Stat. 864.
      Pub. L. 100-202, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat.
    1329-104, 1329-116.
      Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat.
    1783-194, 1783-202, and Pub. L. 99-591, Sec. 101(e) [title II],
    Oct. 30, 1986, 100 Stat. 3341-194, 3341-202.
      Pub. L. 99-141, title II, title III, Nov. 1, 1985, 99 Stat. 569,
    575.
      Pub. L. 98-360, title II, title III, July 16, 1984, 98 Stat. 409,
    416.
      Pub. L. 98-50, title II, title III, July 14, 1983, 97 Stat. 252,
    257.
      Pub. L. 97-88, title III, Dec. 4, 1981, 95 Stat. 1145.
      Pub. L. 96-367, title I, Oct. 1, 1980, 94 Stat. 1335.
      Pub. L. 96-69, title I, Sept. 25, 1979, 93 Stat. 440.
      Pub. L. 94-355, title III, July 12, 1976, 89 Stat. 895.
      Pub. L. 93-393, title III, Aug. 28, 1974, 88 Stat. 787.
      Pub. L. 93-97, title III, Aug. 16, 1973, 87 Stat. 321.
      Pub. L. 92-134, title III, Oct. 5, 1971, 85 Stat. 370.
      Pub. L. 91-144, title III, Dec. 11, 1969, 83 Stat. 331.
      Pub. L. 89-689, title II, Oct. 15, 1966, 80 Stat. 1008.
      Pub. L. 88-511, title II, Aug. 30, 1964, 78 Stat. 687.
      Pub. L. 87-880, title II, Oct. 24, 1962, 76 Stat. 1221.

      TEMPORARY AUTHORITY OF SECRETARY OF THE INTERIOR TO FACILITATE
            EMERGENCY ACTIONS WITH REGARD TO 1976-1977 DROUGHT
      Pub. L. 95-18, Apr. 7, 1977, 91 Stat. 36, as amended by Pub. L.
    95-107, Aug. 17, 1977, 91 Stat. 870; Pub. L. 95-226, Feb. 7, 1978,
    92 Stat. 10, directed Secretary of the Interior to undertake
    construction, management and conservation activities designed to
    mitigate losses and damages to Federal reclamation projects and
    Indian irrigation projects resulting from 1976-1977 drought, to
    assist willing buyers in purchasing available water supplies from
    willing sellers, and to undertake studies of potential facilities
    to mitigate effects of a recurrence of drought and make
    recommendations to President and Congress evaluating potential
    undertakings, authorized Secretary to defer, without penalty, the
    1977 installment payments on charges owed the United States and to
    make loans to irrigators for construction, management, conservation
    activities, or acquisition and transportation of water,
    appropriated $100,000,000 to carry out provisions of this Act and
    specified the availability of such funds for expenditures, directed
    Secretary, not later than May 1, 1978, to provide President and
    Congress a complete report on expenditures and accomplishments, and
    provided that authorities conferred by this Act terminate on Nov.
    30, 1977.

-End-

-CITE-
    43 USC Sec. 503                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 503. "Unusual or emergency conditions" defined

-STATUTE-
      The term "unusual or emergency conditions", as used in section
    502 of this title, shall be construed to mean canal bank failures,
    generator failures, damage to transmission lines; or other physical
    failures or damage, or acts of God, or of the public enemy, fires,
    floods, drought, epidemics, strikes, or freight embargoes, or
    conditions, causing or threatening to cause interruption in water
    or power service.

-SOURCE-
    (June 26, 1948, ch. 676, Sec. 2, 62 Stat. 1052.)

-End-

-CITE-
    43 USC Sec. 504                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 504. Rehabilitation and betterment of Federal reclamation
      projects, including small reclamation projects; return of costs;
      interest; definitions; performance of work

-STATUTE-
      Expenditures of funds hereafter specifically appropriated for
    rehabilitation and betterment of any project constructed under
    authority of the Small Reclamation Projects Act (Act of August 6,
    1956, 70 Stat. 1044, and Acts amendatory thereof and supplementary
    thereto) [43 U.S.C. 422a et seq.] and of irrigation systems on
    projects governed by the Federal reclamation laws (Act of June 17,
    1902, 32 Stat. 388, and Acts amendatory thereof or supplementary
    thereto), shall be made only after the organizations concerned
    shall have obligated themselves for the return thereof, in
    installments fixed in accordance with their ability to pay, as
    determined by the Secretary of the Interior in the light of their
    outstanding repayment obligations, and which shall, to the fullest
    practicable extent, be scheduled for return with their construction
    charge installments or otherwise scheduled as he shall determine:
    Provided, That repayment of such loans made for small reclamation
    projects shall include interest in accordance with the provisions
    of said Small Reclamation Projects Act. No such determination of
    the Secretary of the Interior shall become effective until the
    expiration of sixty days after it has been submitted to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Natural Resources of the House of Representatives;
    except that, any such determination may become effective prior to
    the expiration of such sixty days in any case in which each such
    committee approves an earlier date and notifies the Secretary in
    writing, of such approval: Provided, That when Congress is not in
    session the Secretary's determination, if accompanied by a finding
    by the Secretary that substantial hardship to the water users
    concerned or substantial further injury to the project works will
    result, shall become effective when the chairman and ranking
    minority member of each such committee shall file with the
    Secretary their written approval of said findings. The term
    "rehabilitation and betterment", as used in this section, shall
    mean maintenance, including replacements, which cannot be financed
    currently, as otherwise contemplated by the Federal reclamation
    laws in the case of operation and maintenance costs, but shall not
    include construction, the costs of which are returnable, in whole
    or in part, through "construction charges" as that term is defined
    in section 485a(d) of this title. Such rehabilitation and
    betterment work may be performed by contract, by force-account, or,
    notwithstanding any other law and subject to such reasonable terms
    and conditions as the Secretary of the Interior shall deem
    appropriate for the protection of the United States, by contract
    entered into with the organization concerned whereby such
    organization shall perform such work.

-SOURCE-
    (Oct. 7, 1949, ch. 650, Sec. 1, 63 Stat. 724; Mar. 3, 1950, ch. 47,
    64 Stat. 11; Pub. L. 94-102, Oct. 3, 1975, 89 Stat. 485; Pub. L.
    103-437, Sec. 16(c), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Small Reclamation Projects Act, referred to in text, probably
    means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956,
    ch. 972, 70 Stat. 1044, as amended, which is classified generally
    to subchapter IV (Sec. 422a et seq.) of this chapter. For complete
    classification of this Act to the Code, see section 422k of this
    title and Tables.
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-437 substituted "Committee on Energy and
    Natural Resources of the Senate and the Committee on Natural
    Resources of the House" for "Committee on Interior and Insular
    Affairs of the Senate and the Committee on Public Lands of the
    House".
      1975 - Pub. L. 94-102 required return of costs for small
    reclamation projects including interest payments.
      1950 - Act Mar. 3, 1950, struck out period at end of second
    sentence and inserted "; except that, any such determination may
    become effective prior to the expiration of such sixty days in any
    case in which each such committee approves an earlier date and
    notifies the Secretary in writing, of such approval: Provided, That
    when Congress is not in session the Secretary's determination, if
    accompanied by a finding by the Secretary that substantial hardship
    to the water users concerned or substantial further injury to the
    project works will result, shall become effective when the chairman
    and ranking minority member of each such committee shall file with
    the Secretary their written approval of said findings."

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                                SHORT TITLE                            
      Act Oct. 7, 1949, ch. 650, 63 Stat. 724, which enacted this
    section and provisions set out below, is popularly known as the
    "Rehabilitation and Betterment Act of 1949".

                 SUPPLEMENTAL TO FEDERAL RECLAMATION LAWS             
      Section 2 of act Oct. 7, 1949, provided that: "This Act [enacting
    this section] shall be deemed a supplement to the Federal
    reclamation laws."

-End-

-CITE-
    43 USC Sec. 505                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI - MAINTENANCE AND OPERATION OF WORKS GENERALLY

-HEAD-
    Sec. 505. Drainage facilities and minor construction in irrigation
      works; contracts with repayment organizations; limitation on
      costs; submission of contract to Congress

-STATUTE-
      Funds appropriated for the construction of irrigation works
    authorized to be undertaken pursuant to the Federal reclamation
    laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory
    thereof or supplementary thereto), the Act of August 11, 1939 (53
    Stat. 1418), as amended [16 U.S.C. 590y et seq.], or other Acts of
    Congress may, insofar as such funds are available for the
    construction of drainage facilities and other minor items, be
    utilized by the Secretary of the Interior to accomplish such work
    by contract, by force account or, notwithstanding any other law and
    subject only to such reasonable terms and conditions as the
    Secretary shall deem appropriate for the protection of the United
    States, by contract entered into with the repayment organization
    concerned whereby said organization shall perform such work:
    Provided, That in the event construction work to be accomplished by
    any one repayment organization, pursuant to contract with the
    United States, exceeds a total cost of $200,000, such contract
    shall not be executed by the Secretary prior to the expiration of
    sixty calendar days (which sixty days, however, shall not include
    days on which either the House of Representatives or the Senate is
    not in session because of an adjournment of more than three days to
    a day certain) from the date on which it has been submitted to the
    Speaker of the House and the President of the Senate for reference
    to the appropriate Committees, except that such contract may be
    executed prior to expiration of such sixty days in any case in
    which both such Committees approve said contract and notify the
    Secretary in writing of such approval.

-SOURCE-
    (June 13, 1956, ch. 382, 70 Stat. 274.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.
      Act of August 11, 1939, referred to in text, is classified
    generally to subchapter II (Sec. 590y et seq.) of chapter 3C of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    43 USC SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

-HEAD-
               SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS           

-End-

-CITE-
    43 USC Sec. 506                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

-HEAD-
    Sec. 506. Authority of Secretary to make modifications

-STATUTE-
      In order to preserve the structural safety of Bureau of
    Reclamation dams and related facilities the Secretary of the
    Interior is authorized to perform such modifications as he
    determines to be reasonably required. Said performance of work
    shall be in accordance with the Federal reclamation laws (Act of
    June 17, 1902, 32 Stat. 388, and Acts amendatory or supplementary
    thereto).

-SOURCE-
    (Pub. L. 95-578, Sec. 2, Nov. 2, 1978, 92 Stat. 2471.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-404, Sec. 1, Aug. 28, 1984, 98 Stat. 1481, provided in
    part: "That this Act [amending sections 508 and 509 of this title]
    may be cited as 'The Reclamation Safety of Dams Act Amendments of
    1984'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Section 1 of Pub. L. 95-578 provided: "That this Act [enacting
    this subchapter and amending section 1511 of this title] shall be
    cited as the 'Reclamation Safety of Dams Act of 1978'."

    FACILITIES INCLUDED WITHIN SCOPE OF RECLAMATION SAFETY OF DAMS ACT
                                  OF 1978
      Pub. L. 95-578, Sec. 12, as added by Pub. L. 98-404, Sec. 1(4),
    Aug. 28, 1984, 98 Stat. 1482, provided that: "Included within the
    scope of this Act [this subchapter] are Fish Lake, Four Mile,
    Ochoco, Savage Rapids Diversion and Warm Springs Dams, Oregon; Como
    Dam, Montana; Little Wood River Dam, Idaho; and related facilities
    which have been made a part of a Federal reclamation project by
    previous Acts of Congress. Coolidge Dam, San Carlos Irrigation
    Project, Arizona, shall also be included within the scope of this
    Act."

-End-

-CITE-
    43 USC Sec. 507                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

-HEAD-
    Sec. 507. Construction for dam safety

-STATUTE-
      Construction authorized by this subchapter shall be for the
    purposes of dam safety and not for the specific purposes of
    providing additional conservation storage capacity or of developing
    benefits over and above those provided by the original dams and
    reservoirs. Nothing in this subchapter shall be construed to reduce
    the amount of project costs allocated to reimbursable purposes
    heretofore authorized.

-SOURCE-
    (Pub. L. 95-578, Sec. 3, Nov. 2, 1978, 92 Stat. 2471.)

-End-

-CITE-
    43 USC Sec. 508                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

-HEAD-
    Sec. 508. Costs incurred in the modification of structures

-STATUTE-
    (a) Costs resulting from age and normal deterioration or lack of
      maintenance of structures
      Costs heretofore or hereafter incurred in the modification of
    structures under this subchapter, the cause of which results from
    age and normal deterioration of the structure or from
    nonperformance of reasonable and normal maintenance of the
    structure by the operating entity shall be considered as project
    costs and will be allocated to the purposes for which the structure
    was authorized initially to be constructed and will be reimbursable
    as provided by existing law.
    (b) Nonreimbursable costs resulting from new hydrologic or seismic
      data or changes in criteria
      With respect to the $100,000,000 authorized to be appropriated in
    the Reclamation Safety of Dams Act of 1978 [43 U.S.C. 509], costs
    heretofore or hereafter incurred in the modification of structures
    under this subchapter, the cause of which results from new
    hydrologic or seismic data or changes in state-of-the-art criteria
    deemed necessary for safety purposes shall be nonreimbursable and
    nonreturnable under the Federal Reclamation law.
    (c) Reimbursement of certain modification costs
      With respect to the additional amounts authorized to be
    appropriated by section 509 of this title, costs incurred in the
    modification of structures under this subchapter, the cause of
    which results from new hydrologic or seismic data or changes in
    state-of-the-art criteria deemed necessary for safety purposes,
    shall be reimbursed to the extent provided in this subsection.
        (1) Fifteen percent of such costs shall be allocated to the
      authorized purposes of the structure, except that in the case of
      Jackson Lake Dam, Minidoka Project, Idaho-Wyoming, such costs
      shall be allocated in accordance with the allocation of operation
      and maintenance charges.
        (2) Costs allocated to irrigation water service and capable of
      being repaid by the irrigation water users shall be reimbursed
      within 50 years of the year in which the work undertaken pursuant
      to this subchapter is substantially complete. Costs allocated to
      irrigation water service which are beyond the water users'
      ability to pay shall be reimbursed in accordance with existing
      law.
        (3) Costs allocated to recreation or fish and wildlife
      enhancement shall be reimbursed in accordance with the Federal
      Water Project Recreation Act (79 Stat. 213), as amended [16
      U.S.C. 460l-12 et seq.].
        (4) Costs allocated to the purpose of municipal, industrial,
      and miscellaneous water service, commercial power, and the
      portion of recreation and fish and wildlife enhancement costs
      reimbursable under the Federal Water Project Recreation Act [16
      U.S.C. 460l-12 et seq.], shall be repaid within 50 years with
      interest. The interest rate used shall be determined by the
      Secretary of the Treasury, taking into consideration average
      market yields on outstanding marketable obligations of the United
      States with remaining periods to maturity comparable to the
      applicable reimbursement period during the month preceding the
      fiscal year in which the costs are incurred. To the extent that
      more than one interest rate is determined pursuant to the
      preceding sentence, the Secretary of the Treasury shall establish
      an interest rate at the weighted average of the rates so
      determined.
    (d) Contracts for return of costs
      The Secretary is authorized to negotiate appropriate contracts
    with project beneficiaries providing for the return of reimbursable
    costs under this subchapter: Provided, however, That no contract
    entered into pursuant to this subchapter shall be deemed to be a
    new or amended contract for the purposes of section 390cc(a) of
    this title.
    (e) Cost containment; modification status
      (1) During the construction of the modification, the Secretary
    shall consider cost containment measures recommended by a project
    beneficiary that has elected to consult with the Bureau of
    Reclamation on a modification.
      (2) The Secretary shall provide to project beneficiaries on a
    periodic basis notice regarding the costs and status of the
    modification.

-SOURCE-
    (Pub. L. 95-578, Sec. 4, Nov. 2, 1978, 92 Stat. 2471; Pub. L. 98-
    404, Sec. 1(1), (2), Aug. 28, 1984, 98 Stat. 1481; Pub. L. 106-
    377, Sec. 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A-
    67; Pub. L. 107-117, div. B, Sec. 503(1), Jan. 10, 2002, 115 Stat.
    2308; Pub. L. 108-439, Secs. 1(a), 2(a), Dec. 3, 2004, 118 Stat.
    2627.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The $100,000,000 authorized to be appropriated in the Reclamation
    Safety of Dams Act of 1978, referred to in subsec. (b), probably
    refers to the authorization originally contained in section 509 of
    this title. See 1984 Amendment note set out under section 509 of
    this title.
      The Federal Reclamation law, referred to in subsec. (b), probably
    means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, which are classified generally to this chapter. For
    complete classification of act June 17, 1902, to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.
      The Federal Water Project Recreation Act, referred to in subsec.
    (c)(3), (4), is Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as
    amended, which is classified principally to part C (Sec. 460l-12 et
    seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 460l-12 of Title 16 and Tables.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-439, Sec. 1(a), inserted
    "Reimbursement of certain modification costs" as heading and
    substituted "With respect to the additional amounts authorized to
    be appropriated by section 509 of this title" for "With respect to
    the additional $650,000,000 authorized to be appropriated in The
    Reclamation Safety of Dams Act Amendments of 1984, and the
    additional $95,000,000 further authorized to be appropriated by
    amendments to that Act in 2000, and the additional $32,000,000
    further authorized to be appropriated by amendments to the Act in
    2001" in introductory provisions.
      Subsec. (e). Pub. L. 108-439, Sec. 2(a), added subsec. (e).
      2002 - Subsec. (c). Pub. L. 107-117 inserted "and the additional
    $32,000,000 further authorized to be appropriated by amendments to
    the Act in 2001," after "2000," in introductory provisions.
      2000 - Subsec. (c). Pub. L. 106-377 inserted "and the additional
    $95,000,000 further authorized to be appropriated by amendments to
    that Act in 2000," after "1984," in introductory provisions.
      1984 - Subsec. (b). Pub. L. 98-404, Sec. 1(1), substituted "With
    respect to the $100,000,000 authorized to be appropriated in the
    Reclamation Safety of Dams Act of 1978, costs" for "Costs".
      Subsecs. (c), (d). Pub. L. 98-404, Sec. 1(2), added subsecs. (c)
    and (d).

-End-

-CITE-
    43 USC Sec. 509                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

-HEAD-
    Sec. 509. Authorization of appropriations; report to Congress

-STATUTE-
      There are hereby authorized to be appropriated for fiscal year
    1979 and ensuing fiscal years such sums as may be necessary and,
    effective October 1, 1983, not to exceed an additional $650,000,000
    (October 1, 1983, price levels), and, effective October 1, 2000,
    not to exceed an additional $95,000,000 (October 1, 2000, price
    levels), and, effective October 1, 2001, not to exceed an
    additional $32,000,000 (October 1, 2001, price levels), and,
    effective October 1, 2003, not to exceed an additional $540,000,000
    (October 1, 2003, price levels), plus or minus such amounts, if
    any, as may be justified by reason of ordinary fluctuations in
    construction costs as indicated by engineering cost indexes
    applicable to the types of construction involved herein, to carry
    out the provisions of this subchapter to remain available until
    expended if so provided by the appropriations Act: Provided, That
    no funds exceeding $1,250,000 (October 1, 2003, price levels), as
    adjusted to reflect any ordinary fluctuations in construction costs
    indicated by applicable engineering cost indexes, shall be
    obligated for carrying out actual construction to modify an
    existing dam under authority of this subchapter prior to 30
    calendar days from the date that the Secretary has transmitted a
    report on such existing dam to the Congress. The report required to
    be submitted by this section will consist of a finding by the
    Secretary of the Interior to the effect that modifications are
    required to be made to insure the safety of an existing dam. Such
    finding shall be accompanied by a technical report containing
    information on the need for structural modification, the corrective
    action deemed to be required, alternative solutions to structural
    modification that were considered, the estimated cost of needed
    modifications, and environmental impacts if any resulting from the
    implementation of the recommended plan of modification.

-SOURCE-
    (Pub. L. 95-578, Sec. 5, Nov. 2, 1978, 92 Stat. 2471; Pub. L. 98-
    404, Sec. 1(3), Aug. 28, 1984, 98 Stat. 1482; Pub. L. 106-377,
    Sec. 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A-67;
    Pub. L. 107-117, div. B, Sec. 503(2), Jan. 10, 2002, 115 Stat.
    2308; Pub. L. 108-439, Sec. 1(b), Dec. 3, 2004, 118 Stat. 2627.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-439 inserted "and, effective October 1, 2003,
    not to exceed an additional $540,000,000 (October 1, 2003, price
    levels)," after "(October 1, 2001, price levels)," and substituted
    "$1,250,000 (October 1, 2003, price levels), as adjusted to reflect
    any ordinary fluctuations in construction costs indicated by
    applicable engineering cost indexes," for "$750,000".
      2002 - Pub. L. 107-117 inserted "and, effective October 1, 2001,
    not to exceed an additional $32,000,000 (October 1, 2001, price
    levels)," after "(October 1, 2000, price levels),".
      2000 - Pub. L. 106-377 inserted "and, effective October 1, 2000,
    not to exceed an additional $95,000,000 (October 1, 2000, price
    levels)," after "(October 1, 1983, price levels)," and substituted
    "30 calendar days" for "sixty days (which sixty days shall not
    include days on which either the House of Representatives or the
    Senate is not in session because of an adjournment of more than
    three calendar days to a day certain)".
      1984 - Pub. L. 98-404 substituted "and, effective October 1,
    1983, not to exceed an additional $650,000,000 (October 1, 1983,
    price levels), plus or minus such amounts, if any, as may be
    justified by reason of ordinary fluctuations in construction costs
    as indicated by engineering cost indexes applicable to the types of
    construction involved herein, to carry out the provisions of this
    subchapter to remain available until expended if so provided by the
    appropriations Act: Provided, That no funds exceeding $750,000" for
    ", but not to exceed $100,000,000, to carry out the provisions of
    this subchapter of this title to remain available until expended if
    so provided by the appropriations Act: Provided, That no funds".

-End-

-CITE-
    43 USC Sec. 509a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XI-A - RECLAMATION SAFETY OF DAMS

-HEAD-
    Sec. 509a. Project beneficiaries

-STATUTE-
    (a) Notice of modification
      On identifying a Bureau of Reclamation facility for modification,
    the Secretary shall provide to the project beneficiaries written
    notice - 
        (1) describing the need for the modification and the process
      for identifying and implementing the modification; and
        (2) summarizing the administrative and legal requirements
      relating to the modification.
    (b) Consultation
      The Secretary shall - 
        (1) provide project beneficiaries an opportunity to consult
      with the Bureau of Reclamation on the planning, design, and
      construction of the proposed modification; and
        (2) in consultation with project beneficiaries, develop and
      provide timeframes for the consultation described in paragraph
      (1).
    (c) Alternatives
      (1) Prior to submitting the reports required under section 509 of
    this title, the Secretary shall consider any alternative submitted
    in writing, in accordance with the timeframes established under
    subsection (b) of this section, by a project beneficiary that has
    elected to consult with the Bureau of Reclamation on a
    modification.
      (2) The Secretary shall provide to the project beneficiary a
    timely written response describing proposed actions, if any, to
    address the recommendation.
      (3) The response of the Secretary shall be included in the
    reports required by section 509 of this title.
    (d) Waiver
      The Secretary may waive 1 or more of the requirements of
    subsections (a), (b), and (c) of this section, if the Secretary
    determines that implementation of the requirement could have an
    adverse impact on dam safety or security.

-SOURCE-
    (Pub. L. 95-578, Sec. 5A, as added Pub. L. 108-439, Sec. 2(b), Dec.
    3, 2004, 118 Stat. 2627.)

-End-

-CITE-
    43 USC SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION
           DISTRICTS FOR PAYMENT OF CHARGES                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR
           PAYMENT OF CHARGES                            

-HEAD-
      SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR
                            PAYMENT OF CHARGES

-End-

-CITE-
    43 USC Sec. 511                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR
           PAYMENT OF CHARGES                            

-HEAD-
    Sec. 511. Authority to contract with irrigation district

-STATUTE-
      In carrying out the purposes of the Act of June 17, 1902 (32
    Stat. 388), and Acts amendatory thereof and supplementary thereto
    and known as the reclamation law, the Secretary of the Interior may
    enter into contract with any legally organized irrigation district
    whereby such irrigation district shall agree to pay the moneys
    required to be paid to the United States, and in such event water-
    right applications on the part of landowners and entrymen, in the
    discretion of the Secretary of the Interior, may be dispensed with.
    In the event of such contract being made with an irrigation
    district, the Secretary of the Interior, in his discretion, may
    contract that the payments, both for the construction of irrigation
    works and for operation and maintenance, on the part of the
    district shall be made upon such dates as will best conform to the
    district and taxation laws of the respective States under which
    such irrigation districts shall be formed, and if he deem it
    advisable he may contract for such penalties or interest charges in
    case of delinquency in payments as he may deem proper and
    consistent with such State laws, notwithstanding the provisions of
    sections 471, 472, 475, 478 to 481, 492, 493, 494 to 497 and 499 of
    this title. The Secretary of the Interior may accept a partial
    payment of the amount due from any district to the United States,
    providing such acceptance shall not constitute a waiver of the
    balance remaining due nor the interest or penalties, if any,
    accruing upon said balance: Provided, That no contract with an
    irrigation district under this section and sections 512 and 513 of
    this title shall be binding on the United States until the
    proceedings on the part of the district for the authorization of
    the execution of the contract with the United States shall have
    been confirmed by decree of a court of competent jurisdiction, or
    pending appellate action if ground for appeal be laid.

-SOURCE-
    (May 15, 1922, ch. 190, Sec. 1, 42 Stat. 541.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 512                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR
           PAYMENT OF CHARGES                            

-HEAD-
    Sec. 512. Release of Government liens after contract with
      irrigation districts

-STATUTE-
      Patents and water-right certificates which shall be issued after
    May 15, 1922, under the terms of subchapter XIV of this chapter,
    for lands lying within any irrigation district with which the
    United States shall have contracted, by which the irrigation
    district agrees to make the payment of all charges for the building
    of irrigation works and for operation and maintenance, shall not
    reserve to the United States a lien for the payment of such
    charges; and where such a lien shall have been reserved in any
    patent or water-right certificate issued under said subchapter, the
    Secretary of the Interior is empowered to release such lien in such
    manner and form as may be deemed effective; and the Secretary of
    the Interior is further empowered to release liens in favor of the
    United States contained in water-right applications and to assent
    to the release of liens to secure reimbursement of moneys due to
    the United States pursuant to water-right applications running in
    favor of the water users' association and contained in stock
    subscription contracts to such associations, when the lands covered
    by such liens shall be subject to assessment and levy for the
    collection of all moneys due and to become due to the United States
    by irrigation districts formed pursuant to State law and with which
    the United States shall have entered into contract therefor:
    Provided, That no such lien so reserved to the United States in any
    patent or water-right certificate shall be released until the owner
    of the land covered by the lien shall consent in writing to the
    assessment, levy, and collection by such irrigation district of
    taxes against said land for the payment to the United States of the
    contract obligation: Provided further, That before any lien is
    released under this section the Secretary of the Interior shall
    file a written report finding that the contracting irrigation
    district is legally organized under the laws of the State in which
    its lands are located, with full power to enter into the contract
    and to collect by assessment and levy against the lands of the
    district the amount of the contract obligation.

-SOURCE-
    (May 15, 1922, ch. 190, Sec. 2, 42 Stat. 542.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter XIV (Sec. 541 et seq.) of this chapter, referred to in
    text, was in the original a reference to act Aug. 9, 1912, 37 Stat.
    265.

-End-

-CITE-
    43 USC Sec. 513                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XII - CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR
           PAYMENT OF CHARGES                            

-HEAD-
    Sec. 513. Lands in project subject to provisions of chapter; after
      contract with irrigation district

-STATUTE-
      Upon the execution of any contract between the United States and
    any irrigation district pursuant to sections 511 and 512 of this
    title the public lands included within such irrigation district,
    when subject to entry, and entered lands within such irrigation
    district, for which no final certificates shall have been issued
    and which may be designated by the Secretary of the Interior in
    said contract, shall be subject to all the provisions of chapter 13
    of this title: Provided, That no map or plan as required by section
    623 of this title need be filed by the irrigation district for
    approval by the Secretary of the Interior.

-SOURCE-
    (May 15, 1922, ch. 190, Sec. 3, 42 Stat. 542.)

-End-

-CITE-
    43 USC SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS,
           WATER POWER, STORAGE CAPACITY, AND WATER
           TRANSPORTATION FACILITIES                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-
      SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-End-

-CITE-
    43 USC Sec. 521                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-
    Sec. 521. Sale of surplus waters generally

-STATUTE-
      The Secretary of the Interior in connection with the operations
    under the reclamation law is authorized to enter into contract to
    supply water from any project irrigation system for other purposes
    than irrigation, upon such conditions of delivery, use, and payment
    as he may deem proper: Provided, That the approval of such contract
    by the water-users' association or associations shall have first
    been obtained: Provided, That no such contract shall be entered
    into except upon a showing that there is no other practicable
    source of water supply for the purpose: Provided further, That no
    water shall be furnished for the uses aforesaid if the delivery of
    such water shall be detrimental to the water service for such
    irrigation project, nor to the rights of any prior appropriator:
    Provided further, That the moneys derived from such contracts shall
    be covered into the reclamation fund and be placed to the credit of
    the project from which such water is supplied.

-SOURCE-
    (Feb. 25, 1920, ch. 86, 41 Stat. 451.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 522                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-
    Sec. 522. Lease of water power

-STATUTE-
      Whenever a development of power is necessary for the irrigation
    of lands, under any project undertaken under the said reclamation
    Act, or an opportunity is afforded for the development of power
    under any such project, the Secretary of the Interior is authorized
    to lease for a period not exceeding ten years, giving preference to
    municipal purposes, any surplus power or power privilege, and the
    moneys derived from such leases shall be covered into the
    reclamation fund and be placed to the credit of the project from
    which such power is derived: Provided, That no lease shall be made
    of such surplus power or power privileges as will impair the
    efficiency of the irrigation project: Provided further, That the
    Secretary of the Interior is authorized, in his discretion, to make
    such a lease in connection with Rio Grande project in Texas and New
    Mexico for a longer period not exceeding fifty years, with the
    approval of the water-users' association or associations under any
    such project, organized in conformity with the rules and
    regulations prescribed by the Secretary of the Interior in
    pursuance of section 498 of this title.

-SOURCE-
    (Apr. 16, 1906, ch. 1631, Sec. 5, 34 Stat. 117; Feb. 24, 1911, ch.
    155, 36 Stat. 930.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The said reclamation Act, referred to in text, means act June 17,
    1902, ch. 1093, 32 Stat. 388, as amended, which is classified
    generally to this chapter. For complete classification of this Act
    to the Code, see Short Title note set out under section 371 of this
    title and Tables.

-End-

-CITE-
    43 USC Sec. 523                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-
    Sec. 523. Storage and transportation of water for irrigation
      districts, etc.

-STATUTE-
      Whenever in carrying out the provisions of the reclamation law,
    storage or carrying capacity has been or may be provided in excess
    of the requirements of the lands to be irrigated under any project,
    the Secretary of the Interior, preserving a first right to lands
    and entrymen under the project, is authorized, upon such terms as
    he may determine to be just and equitable, to contract for the
    impounding, storage, and carriage of water to an extent not
    exceeding such excess capacity with irrigation systems operating
    under section 641 of this title, and individuals, corporations,
    associations, and irrigation districts organized for or engaged in
    furnishing or in distributing water for irrigation. Water so
    impounded, stored, or carried under any such contract shall be for
    the purpose of distribution to individual water users by the party
    with whom the contract is made: Provided, however, That water so
    impounded, stored, or carried shall not be used otherwise than as
    prescribed by law as to lands held in private ownership within
    Government reclamation projects. In fixing the charges under any
    such contract for impounding, storing, or carrying water for any
    irrigation system, corporation, association, district, or
    individual, as herein provided, the Secretary shall take into
    consideration the cost of construction and maintenance of the
    reservoir by which such water is to be impounded or stored and the
    canal by which it is to be carried, and such charges shall be just
    and equitable as to water users under the Government project. No
    irrigation system, district, association, corporation, or
    individual so contracting shall make any charge for the storage,
    carriage, or delivery of such water in excess of the charge paid to
    the United States except to such extent as may be reasonably
    necessary to cover cost of carriage and delivery of such water
    through their works.

-SOURCE-
    (Feb. 21, 1911, ch. 141, Sec. 1, 36 Stat. 925.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                                SHORT TITLE                            
      The act of Feb. 21, 1911, which enacted sections 523 to 525 of
    this title, is popularly known as the "Warren Act".

-End-

-CITE-
    43 USC Sec. 524                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-
    Sec. 524. Cooperation with irrigation districts, etc., in
      construction of reservoirs and canals

-STATUTE-
      In carrying out the provisions of the said reclamation Act, and
    Acts amendatory thereof or supplementary thereto, the Secretary of
    the Interior is authorized, upon such terms as may be agreed upon,
    to cooperate with irrigation districts, water-users' associations,
    corporations, entrymen, or water users for the construction or use
    of such reservoirs, canals, or ditches as may be advantageously
    used by the Government and irrigation districts, water-users'
    associations, corporations, entrymen, or water users for
    impounding, delivering, and carrying water for irrigation purposes:
    Provided, That the title to and management of the works so
    constructed shall be subject to the provisions of section 498 of
    this title: Provided further, That water shall not be furnished
    from any such reservoir or delivered through any such canal or
    ditch to any one landowner in excess of an amount sufficient to
    irrigate one hundred and sixty acres: Provided, That nothing
    contained in sections 523 to 525 of this title shall be held or
    construed as enlarging or attempting to enlarge the right of the
    United States, under existing law, to control the waters of any
    stream in any State.

-SOURCE-
    (Feb. 21, 1911, ch. 141, Sec. 2, 36 Stat. 926.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The said reclamation Act, referred to in text, probably means act
    June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known
    as the Reclamation Act, which is classified generally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-End-

-CITE-
    43 USC Sec. 525                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-
    Sec. 525. Covering proceeds into reclamation fund

-STATUTE-
      The moneys received in pursuance of the contracts authorized by
    sections 523 and 524 of this title shall be covered into the
    reclamation fund and be available for use under the terms of the
    reclamation Act and the Acts amendatory thereof or supplementary
    thereto.

-SOURCE-
    (Feb. 21, 1911, ch. 141, Sec. 3, 36 Stat. 926.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      The words "the contracts authorized by sections 523 and 524 of
    this title" substituted in text for "such contracts".

-End-

-CITE-
    43 USC Sec. 526                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIII - SALE OR LEASE OF SURPLUS WATERS, WATER POWER,
           STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES

-HEAD-
    Sec. 526. Credit of proceeds to particular project

-STATUTE-
      All moneys or profits as determined by the Secretary heretofore
    or hereafter derived from the sale or rental of surplus water under
    the Warren Act of February 21, 1911 (36 Stat. 925) [43 U.S.C. 523
    to 525], or from the connection of a new project with an existing
    project shall be credited to the project or division of the project
    to which the construction cost has been charged.

-SOURCE-
    (Dec. 5, 1924, ch. 4, Sec. 4, subsec. J, 43 Stat. 703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Warren Act of February 21, 1911, referred to in text, is act
    Feb. 21, 1911, ch. 141, 36 Stat. 925, which enacted sections 523 to
    525 of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 523 of this title
    and Tables.

-CROSS-
                                DEFINITIONS                            
      The definitions in section 371 of this title apply to this
    section.

-End-

-CITE-
    43 USC SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT
           CERTIFICATES                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
        SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES    

-End-

-CITE-
    43 USC Sec. 541                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
    Sec. 541. When patent or final certificate issued

-STATUTE-
      Any homestead entryman under the Act of June 17, 1902, known as
    the reclamation Act, including entrymen on ceded Indian lands, may,
    at any time after having complied with the provisions of law
    applicable to such lands as to residence reclamation, and
    cultivation, submit proof of such residence, reclamation, and
    cultivation, which proof, if found regular and satisfactory, shall
    entitle the entryman to a patent, and all purchasers of water-right
    certificates on reclamation projects shall be entitled to a final
    water-right certificate upon proof of the cultivation and
    reclamation of the land to which the certificate applies, to the
    extent required by the reclamation Act for homestead entrymen:
    Provided, That no such patent or final water-right certificate
    shall issue until after the payment of all sums due the United
    States on account of such land or water right at the time of the
    submission of proof entitling the homestead or desert-land entryman
    to such patent or the purchaser to such final water-right
    certificate.

-SOURCE-
    (Aug. 9, 1912, ch. 278, Sec. 1, 37 Stat. 265; Feb. 15, 1917, ch.
    71, 39 Stat. 920.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, known as the reclamation Act, referred to
    in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 542                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
    Sec. 542. Reservation of lien for charges; enforcement of lien;
      redemption

-STATUTE-
      Every patent and water-right certificate issued under this
    subchapter shall expressly reserve to the United States a prior
    lien on the land patented or for which water right is certified,
    together with all water rights appurtenant or belonging thereto,
    superior to all other liens, claims, or demands whatsoever for the
    payment of all sums due or to become due to the United States or
    its successors in control of the irrigation project in connection
    with such lands and water rights.
      Upon default of payment of any amount so due title to the land
    shall pass to the United States free of all encumbrance, subject to
    the right of the defaulting debtor or any mortgagee, lien holder,
    judgment debtor, or subsequent purchaser to redeem the land within
    one year after the notice of such default shall have been given by
    payment of all moneys due, with 8 per centum interest and cost. And
    the United States, at its option, acting through the Secretary of
    the Interior, may cause land to be sold at any time after such
    failure to redeem, and from the proceeds of the sale there shall be
    paid into the reclamation fund all moneys due, with interest as
    herein provided, and costs. The balance of the proceeds, if any,
    shall be the property of the defaulting debtor or his assignee:
    Provided, That in case of sale after failure to redeem under this
    section the United States shall be authorized to bid in such land
    at not more than the amount in default, including interest and
    costs.

-SOURCE-
    (Aug. 9, 1912, ch. 278, Sec. 2, 37 Stat. 266.)

-End-

-CITE-
    43 USC Sec. 543                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
    Sec. 543. Certificate of final payment and release of lien

-STATUTE-
      Upon full and final payment being made of all amounts due on
    account of the building and betterment charges to the United States
    or its successors in control of the project, the United States or
    its successors, as the case may be, shall issue upon request a
    certificate certifying that payment of the building and betterment
    charges in full has been made and that the lien upon the land has
    been so far satisfied and is no longer of any force or effect
    except the lien for annual charges for operation and maintenance.

-SOURCE-
    (Aug. 9, 1912, ch. 278, Sec. 3, 37 Stat. 266.)

-COD-
                               CODIFICATION                           
      Section comprises part of section 3 of act Aug. 9, 1912.
    Remainder of section 3 is set out as section 544 of this title.

-End-

-CITE-
    43 USC Sec. 544                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
    Sec. 544. Limitation as to holdings prior to final payment of
      charges; forfeiture of excess holding

-STATUTE-
      No person shall at any one time or in any manner, except as
    hereinafter otherwise provided, acquire, own, or hold irrigable
    land for which entry or water-right application shall have been
    made under the said reclamation Act of June 17, 1902 and Acts
    supplementary thereto and amendatory thereof, before final payment
    in full of all installments of building and betterment charges
    shall have been made on account of such land in excess of one farm
    unit as fixed by the Secretary of the Interior as the limit of area
    per entry of public land or per single ownership of private land
    for which a water right may be purchased respectively, nor in any
    case in excess of one hundred and sixty acres, nor shall water be
    furnished under said Acts nor a water right sold or recognized for
    such excess; but any such excess land acquired by foreclosure or
    other process of law, by conveyance in satisfaction of mortgages,
    by inheritance, or by devise, may be held for five years and no
    longer after its acquisition, and water may be temporarily
    furnished during that time; and every excess holding prohibited as
    aforesaid shall be forfeited to the United States by proceedings
    instituted by the Attorney General for that purpose in any court of
    competent jurisdiction. The above provision shall be recited in
    every patent and water-right certificate issued by the United
    States under the provisions of this subchapter.

-SOURCE-
    (Aug. 9, 1912, ch. 278, Sec. 3, 37 Stat. 266; July 11, 1956, ch.
    563, Sec. 2, 70 Stat. 524.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act of June 17, 1902, referred to in text, is act
    June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is
    classified generally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    371 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section comprises part of section 3 of act Aug. 9, 1912.
    Remainder of section 3 is set out as section 543 of this title.

-MISC1-
                                AMENDMENTS                            
      1956 - Act July 11, 1956, increased period during which land
    could be held from two years to five years, and to authorize
    delivery of water for that period.

                      AMENDMENT OF EXISTING CONTRACTS                  
      For provisions authorizing the Secretary of the Interior to amend
    existing contracts under the Federal reclamation laws to conform to
    the provisions of this section, see section 3 of act July 11, 1956,
    set out as a note under section 423e of this title.

-End-

-CITE-
    43 USC Sec. 545                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
    Sec. 545. Appointment of agents to receive payments; record of
      payments and amounts owing

-STATUTE-
      The Secretary of the Interior is authorized to designate such
    bonded fiscal agents or officers of the Bureau of Reclamation as he
    may deem advisable on each reclamation project, to whom shall be
    paid all sums due on reclamation entries or water rights, and the
    officials so designated shall keep a record for the information of
    the public of the sums paid and the amount due at any time on
    account of any entry made or water right purchased under the
    reclamation Act; and the Secretary of the Interior shall make
    provision for furnishing copies of duly authenticated records of
    entries upon payment of reasonable fees which copies shall be
    admissible in evidence, as are copies authenticated under section
    888 (!1) of the Revised Statutes.

-SOURCE-
    (Aug. 9, 1912, ch. 278, Sec. 4, 37 Stat. 267.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.
      Section 888 of the Revised Statutes, referred to in text, was
    repealed by section 21 of act June 25, 1948, ch. 645, 62 Stat. 862,
    the first section of which enacted Title 18, Crimes and Criminal
    Procedure. Prior to repeal, R.S. Sec. 888 was classified to section
    669 of former Title 28, Judicial Code and Judiciary. For provisions
    relating to admissibility in evidence of authenticated copies, see
    section 1733 of Title 28, Judiciary and Judicial Procedure.

-CHANGE-
                              CHANGE OF NAME                          
      "Reclamation Service" changed to "Bureau of Reclamation" by order
    of the Secretary of the Interior in June of 1923.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 546                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
    Sec. 546. Jurisdiction of district court for enforcement of this
      subchapter

-STATUTE-
      Jurisdiction of suits by the United States for the enforcement of
    the provisions of this subchapter is conferred on the United States
    district courts of the districts in which the lands are situated.

-SOURCE-
    (Aug. 9, 1912, ch. 278, Sec. 5, 37 Stat. 267.)

-End-

-CITE-
    43 USC Sec. 547                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIV - PATENTS AND FINAL WATER-RIGHT CERTIFICATES

-HEAD-
    Sec. 547. Patent to desert-land entryman

-STATUTE-
      Any desert-land entryman whose desert-land entry has been
    embraced within the exterior limits of any land withdrawal or
    irrigation project under the Act of June 17, 1902, known as the
    reclamation Act, and who may have obtained a water supply for the
    land embraced in any such desert-land entry from the reclamation
    project by the purchase of a water-right certificate, may at any
    time after having complied with the provisions of the law
    applicable to such lands and upon proof of the cultivation and
    reclamation of the land to the extent required by the reclamation
    Act for homestead entrymen, submit proof of such compliance, which
    proof, if found regular and satisfactory, shall entitle the
    entryman to a patent and a final water-right certificate under the
    same terms and conditions as required of homestead entrymen under
    this subchapter.

-SOURCE-
    (Aug. 26, 1912, ch. 408, Sec. 1, 37 Stat. 610.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, known as the reclamation Act, referred to
    in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.

-COD-
                               CODIFICATION                           
      This section was not enacted as part of act Aug. 9, 1912, ch.
    278, 37 Stat. 265, which comprises this subchapter.

-End-

-CITE-
    43 USC SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS,
           AND SCHOOL SITES                                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
     SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES 

-End-

-CITE-
    43 USC Sec. 561                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 561. Survey and subdivision of land for town sites;
      reservation for public purposes

-STATUTE-
      The Secretary of the Interior may in connection with irrigation
    projects under the reclamation Act of June 17, 1902, not exceeding
    one hundred and sixty acres in each case, survey and subdivide the
    same into town lots, with appropriate reservations for public
    purposes: Provided, That, whenever, in the opinion of the Secretary
    of the Interior, it shall be advisable for the public interest, he
    may dispose of town sites in excess of one hundred and sixty acres.

-SOURCE-
    (Apr. 16, 1906, ch. 1631, Sec. 1, 34 Stat. 116; June 27, 1906, ch.
    3559, Sec. 4, 34 Stat. 520; Pub. L. 94-579, title VII, Sec. 704(a),
    Oct. 21, 1976, 90 Stat. 2792.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act of June 17, 1902, referred to in text, is act
    June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is
    classified generally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out provisions authorizing
    withdrawal from public entry any lands needed for town-site
    purposes.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 562                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 562. Appraisal and sale of town lots

-STATUTE-
      The lots so surveyed shall be appraised under the direction of
    the Secretary of the Interior and sold under his direction at not
    less than their appraised value at public auction to the highest
    bidders, from time to time, for cash, and the lots offered for sale
    and not disposed of may afterwards be sold at not less than the
    appraised value under such regulations as the Secretary of the
    Interior may prescribe. Reclamation funds may be used to defray the
    necessary expenses of appraisement and sale, and the proceeds of
    such sales shall be covered into the reclamation fund.

-SOURCE-
    (Apr. 16, 1906, ch. 1631, Sec. 2, 34 Stat. 116.)

-End-

-CITE-
    43 USC Sec. 563                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 563. Disposal of town sites set apart prior to June 27, 1906

-STATUTE-
      Any town site set apart or established prior to June 27, 1906, by
    proclamation of the President, under the provisions of sections 711
    and 712 (!1) of this title, within or in the vicinity of any
    reclamation project, may be appraised and disposed of in accordance
    with the provisions of section 562 of this title and all necessary
    expenses incurred in the appraisal and sale of lands embraced
    within any such town site shall be paid from the reclamation fund,
    and the proceeds of the sales of such lands shall be covered into
    the reclamation fund.

-SOURCE-
    (June 27, 1906, ch. 3559, Sec. 3, 34 Stat. 519.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 711 and 712 of this title, referred to in text, were
    repealed by Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976,
    90 Stat. 2789.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 564                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 564. Reappraisal of town lots for sale

-STATUTE-
      The Secretary of the Interior is authorized, whenever he may deem
    it necessary, to reappraise all unsold lots within town sites on
    projects under the reclamation Act heretofore or hereafter
    appraised under the provisions of sections 562 and 563 of this
    title; and thereafter to proceed with the sale of such town lots in
    accordance with said sections.

-SOURCE-
    (June 11, 1910, ch. 284, Sec. 1, 36 Stat. 465.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 565                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 565. Terms of sale of town lots; installments of price

-STATUTE-
      In the sale of town lots under the provisions of sections 562 and
    563 of this title the Secretary of the Interior may, in his
    discretion, require payments for such town lots in full at time of
    sale or in annual installments, not exceeding five, with interest
    at the rate of 6 per centum per annum on deferred payments.

-SOURCE-
    (June 11, 1910, ch. 284, Sec. 2, 36 Stat. 466.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 594 of this title, referred to in text, was omitted from
    the Code.

-End-

-CITE-
    43 USC Sec. 566                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 566. Maintenance of public reservations and conveyance to
      municipality

-STATUTE-
      The public reservations in such town sites shall be improved and
    maintained by the town authorities at the expense of the town; and
    upon the organization thereof as municipal corporations the said
    reservations shall be conveyed to such corporations by the
    Secretary of the Interior, subject to the condition that they shall
    be used forever for public purposes.

-SOURCE-
    (Apr. 16, 1906, ch. 1631, Sec. 3, 34 Stat. 116.)

-End-

-CITE-
    43 USC Sec. 567                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 567. Water rights for towns and cities; charges

-STATUTE-
      The Secretary of the Interior shall, in accordance with the
    provisions of the reclamation law, provide for water rights in
    amount he may deem necessary for the towns established as provided,
    in sections 561, 562 and 566 of this title, and may enter into
    contract with the proper authorities of such towns, and other towns
    or cities on or in the immediate vicinity of irrigation projects,
    which shall have a water right from the same source as that of said
    project for the delivery of such water supply to some convenient
    point, and for the payment into the reclamation fund of charges for
    the same to be paid by such towns or cities, which charges shall
    not be less nor upon terms more favorable than those fixed by the
    Secretary of the Interior for the irrigation project from which the
    water is taken.

-SOURCE-
    (Apr. 16, 1906, ch. 1631, Sec. 4, 34 Stat. 116.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 568                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 568. Use of reclamation fund for expenses of and disposal of
      proceeds of sale of town sites

-STATUTE-
      Reclamation funds shall be available for the payment of all
    expenses incurred in executing the provisions of sections 561 to
    563 and 566 of this title relating to town sites, and the proceeds
    of all sales of town sites shall be covered into the reclamation
    fund.

-SOURCE-
    (June 27, 1906, ch. 3559, Sec. 4, 34 Stat. 520.)

-End-

-CITE-
    43 USC Sec. 569                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 569. Reservation of land for park, playground, or community
      center

-STATUTE-
    (a) Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21,
      1976, 90 Stat. 2792
    (b) Water service
      Subject to the provisions hereinafter contained in this section
    every such tract of land so set apart shall be supplied with water
    from the Government irrigation system, the cost thereof to be
    charged to the remaining lands of the project as a part of the
    construction charge of such project, and shall be maintained and
    used in perpetuity by the people upon said reclaimed lands for a
    pleasure park, public playground, and community center.
    (c) Contract for maintenance and use
      For the purpose of carrying out and effecting the objects of this
    section the Secretary of the Interior is authorized to enter into a
    contract with the organization formed by the owners of the lands
    irrigated within said project or project unit pursuant to section
    498 of this title, stipulating and providing that the organization
    will maintain and use such of the lands so reserved for the
    purposes prescribed in this section as such organization may
    desire, and that upon failure to so maintain and use such lands, or
    in the event that same shall be permitted to be used or occupied
    for other purposes than those stipulated in this section, the
    control of the lands shall revert to the United States.
    (d) Disposition of land not contracted for
      Any of such lands not contracted for in accordance with the
    provisions of subsection (c) of this section within ten years from
    the time water is available for the same, or sooner, if the
    Secretary of the Interior may deem it desirable, shall be disposed
    of in accordance with the public land laws applicable thereto, and
    the proceeds from the disposition of lands reverting to the United
    States under the provisions of this section, and from sales of
    water rights, shall be covered into the reclamation fund and placed
    to the credit of the project wherein the lands are situate.

-SOURCE-
    (Oct. 5, 1914, ch. 316, Secs. 1-4, 38 Stat. 727, 728; Pub. L. 94-
    579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (d), are classified
    generally to this title.

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a). Pub. L. 94-579 struck out subsec. (a)
    authorizing Secretary of the Interior to withdraw and reserve lands
    for country parks, public playgrounds, etc.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 569a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 569a. Extension of section 569 to tract of land in Idaho

-STATUTE-
      Section 569 of this title is extended to the following described
    land.
      All in lot 2, section 22, township 7 north, range 1 west, Boise
    meridian, beginning at the northwest corner of said lot 2, thence
    east along the northern boundary of said lot 2 nine hundred and
    ninety feet; thence south along a line parallel to the eastern
    boundary of said lot 2 to the intersection with the northerly
    meander line of the Payette River; thence westerly along the
    northerly meander line of the Payette River to the intersection
    with the western boundary of said lot 2; thence north along the
    western boundary of said lot 2 to the northwest corner of said lot
    2, which is the point of beginning, comprising approximately twenty-
    five acres.

-SOURCE-
    (July 3, 1926, ch. 777, 44 Stat. 890.)

-End-

-CITE-
    43 USC Sec. 570                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 570. Conveyance of land to school district

-STATUTE-
      The Secretary of the Interior is authorized, upon application by
    the proper officers of a school district located wholly or in part
    within the boundaries of a project of the United States Bureau of
    Reclamation, to issue patent conveying to such district such
    unappropriated undisposed of lands, not exceeding six acres in
    area, within any Government reclamation town site situated within
    such school district as, in the opinion of the Secretary of the
    Interior, are necessary for use by said district for school
    buildings and grounds: Provided, That if any land so conveyed cease
    entirely to be used for school purposes title thereto shall revert
    to and revest in the United States.

-SOURCE-
    (Oct. 31, 1919, ch. 92, 41 Stat. 326.)

-CHANGE-
                              CHANGE OF NAME                          
      "Reclamation Service" changed to "Bureau of Reclamation" by order
    of the Secretary of the Interior in June of 1923.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 571                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 571. Sale of unplatted portions of Government town sites;
      authorization

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to appraise, and sell, at public auction, to the highest bidder,
    from time to time, under such terms as to time of payment as he may
    require, but in no event for any longer period than five years, any
    or all of the unplatted portions of Government town sites created
    under section 561 of this title, on any irrigation project
    constructed under the reclamation law: Provided, That any land so
    offered for sale and not disposed of may afterwards be sold, at not
    less than the appraised value, at private sale, under such
    regulations as the Secretary of the Interior may prescribe. Patents
    made in pursuance of such sale shall convey all the right, title,
    and interest of the United States in or to the land so sold.

-SOURCE-
    (Mar. 2, 1929, ch. 541, Sec. 1, 45 Stat. 1522; Feb. 14, 1931, ch.
    176, 46 Stat. 1107.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1931 - Act Feb. 14, 1931, substituted "under such terms as to
    time of payment as he may require, but in no event for any longer
    period than five years" for "for cash".

-End-

-CITE-
    43 USC Sec. 572                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 572. Disposition of net proceeds; fixing project construction
      charges

-STATUTE-
      The net proceeds of such sales after deducting all expenditures
    on account of such lands, and the project construction charge, for
    the irrigable area of the lands so sold where irrigation or
    drainage works have been constructed or are proposed to be
    constructed, shall be disposed of as provided in section 501 of
    this title. Where the project construction charge shall not have
    been fixed at the date of any such sale, same shall be estimated by
    the Secretary of the Interior.

-SOURCE-
    (Mar. 2, 1929, ch. 541, Sec. 2, 45 Stat. 1522.)

-End-

-CITE-
    43 USC Sec. 573                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XV - TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

-HEAD-
    Sec. 573. Expenses of appraisement and sale; rules and regulations

-STATUTE-
      Reclamation funds are authorized to be appropriated for use in
    defraying the necessary expenses of appraisement and sale of the
    lands authorized to be sold under section 571 of this title, and
    the Secretary of the Interior is authorized to perform any and all
    acts and to make such rules and regulations as, in his opinion, may
    be necessary and proper for carrying out the purposes of sections
    571 to 573 of this title.

-SOURCE-
    (Mar. 2, 1929, ch. 541, Sec. 3, 45 Stat. 1522.)

-End-

-CITE-
    43 USC SUBCHAPTER XVI - REFUNDS TO WAR VETERANS             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVI - REFUNDS TO WAR VETERANS

-HEAD-
                 SUBCHAPTER XVI - REFUNDS TO WAR VETERANS             

-End-

-CITE-
    43 USC Secs. 581 to 586                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVI - REFUNDS TO WAR VETERANS

-HEAD-
    Secs. 581 to 586. Omitted

-COD-
                               CODIFICATION                           
      Section 581, act Feb. 21, 1925, ch. 277, Sec. 1, 43 Stat. 956,
    defined "veteran".
      Section 582, act Feb. 21, 1925, ch. 277, Sec. 2, 43 Stat. 956,
    related to authorization for refund to World War veterans.
      Section 583, act Feb. 21, 1925, ch. 277, Sec. 3, 43 Stat. 956,
    related to right of estate of a veteran to benefits.
      Section 584, act Feb. 21, 1925, ch. 277, Sec. 3, 43 Stat. 956,
    related to relinquishment of rights on acceptance of refund.
      Section 585, act Feb. 21, 1925, ch. 277, Sec. 4, 43 Stat. 957,
    related to cancellation of water-right application.
      Section 586, act Feb. 21, 1925, ch. 277, Sec. 5, 43 Stat. 957,
    related to regulations by Secretary of the Interior as to refunds.

-End-

-CITE-
    43 USC SUBCHAPTER XVII - LEGISLATION APPLICABLE TO
           PARTICULAR PROJECTS GENERALLY                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
      SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
                                 GENERALLY

-End-

-CITE-
    43 USC Sec. 591                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 591. Omitted

-COD-
                               CODIFICATION                           
      Section, act Feb. 28, 1923, ch. 145, Sec. 5, 42 Stat. 1325,
    related to extension of time for payment of operation and
    maintenance charges on projects other than the Boise, Idaho,
    project. See section 493a of this title.

-End-

-CITE-
    43 USC Sec. 591a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 591a. Boise project, Idaho; Arrowrock Dam; installment
      payments of costs of repairs, resurfacing, improvement, etc.

-STATUTE-
      For the purpose of avoiding an unduly high operation and
    maintenance assessment in any one year and to keep the operation
    and maintenance charges in connection with the Arrowrock Division
    of the Boise reclamation project within the ability of the water
    users to pay, the Secretary of the Interior is authorized to allow
    the irrigation districts of the said Arrowrock Division and the
    irrigation districts ditch companies, and water users who have
    assumed obligations to pay proportionate parts of the estimated
    cost of the operation and maintenance of the Arrowrock Reservoir,
    to pay the costs, as determined conclusively by said Secretary,
    incurred in the repair, resurfacing, and improvement of the
    Arrowrock Dam and in increasing the height thereof (to provide
    additional capacity to offset past and, to some extent, future
    losses of capacity resulting from the deposit of silt in the said
    reservoir) in twenty annual installments instead of requiring the
    payment of all of such operation and maintenance costs in one year
    as provided in section 492 of this title: Provided, That such
    costs, for the purpose of any amendatory contracts affecting the
    construction charges of Arrowrock Dam that may be entered into as
    authorized by subchapter X of this chapter, may, in the discretion
    of the Secretary, be treated as part of the construction charges of
    said dam, and as payable in the same manner as such charges.

-SOURCE-
    (Apr. 22, 1940, ch. 132, 54 Stat. 155.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter X (Sec. 485 et seq.) of this chapter, referred to in
    text, was in the original a reference to act of Aug. 4, 1939 (53
    Stat. 1187), which is known as the Reclamation Project Act of 1939,
    and which enacted subchapter X of this chapter, sections 375a,
    380a, and 387 to 389 of this title, and section 16d of Title 41,
    Public Contracts, and enacted provision set out as a note under
    section 485j of this title. For complete classification of this Act
    to the Code, see section 485k of this title and Tables.

-End-

-CITE-
    43 USC Sec. 592                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 592. Omitted

-COD-
                               CODIFICATION                           
      Section, act Feb. 28, 1919, ch. 78, 40 Stat. 1210, granted leave
    of absence to any entryman who, prior to Feb. 28, 1919, made entry
    upon land withdrawn under reclamation law, until water became
    available for irrigation.

-End-

-CITE-
    43 USC Sec. 593                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 593. Flathead irrigation project, Montana

-STATUTE-
      The provisions of sections 441 and 442 of this title, authorizing
    the assignment under certain conditions of homesteads within
    reclamation projects, and of subchapter XIV of this chapter,
    authorizing under certain conditions the issuance of patents on
    reclamation entries, and for other purposes, are hereby extended
    and made applicable to lands within the Flathead irrigation
    project, in the former Flathead Indian Reservation, Montana, but
    such lands shall otherwise be subject to the provisions of the Act
    of Congress approved April 23, 1904 (Thirty-third Statutes at
    Large, page 302), as amended by the Act of Congress approved May
    29, 1908 (Thirty-fifth Statutes at Large, page 448): Provided, That
    the lien reserved to the United States on the land patented, as
    provided for in section 542 of this title, shall include all sums
    due or to become due to the United States on account of the Indian
    price of such land.

-SOURCE-
    (July 17, 1914, ch. 143, 38 Stat. 510.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter XIV (Sec. 541 et seq.) of this chapter, referred to in
    text, was in the original a reference to act Aug. 9, 1912, 37 Stat.
    265.
      Act April 23, 1904, referred to in text, is not classified to the
    Code.

-End-

-CITE-
    43 USC Sec. 593a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 593a. Construction, operation, and maintenance of Hungry Horse
      Dam

-STATUTE-
      For the purpose of irrigation and reclamation of arid lands, for
    controlling floods, improving navigation, regulating the flow of
    the South Fork of the Flathead River, for the generation of
    electric energy, and for other beneficial uses primarily in the
    State of Montana but also in downstream areas, the Secretary of the
    Interior is authorized and directed to proceed as soon as
    practicable with the construction, operation, and maintenance of
    the proposed Hungry Horse Dam (including facilities for generating
    electric energy) on the South Fork of the Flathead River, Flathead
    County, Montana, to such a height as may be necessary to impound
    not less than one million acre-feet of water. The Hungry Horse
    project shall be subject to the Federal reclamation laws (Act of
    June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or
    supplementary thereto).
      The Secretary of the Interior is authorized to complete, as soon
    as the necessary additional material is available, the construction
    of the Hungry Horse Dam so as to provide a storage reservoir of the
    maximum usable and feasible capacity.

-SOURCE-
    (June 5, 1944, ch. 234, Secs. 1, 2, 58 Stat. 270; Pub. L. 85-428,
    May 29, 1958, 72 Stat. 147.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-428 provided that the Hungry Horse project
    shall be subject to the Federal reclamation laws.

                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 4 of act June 5, 1944, authorized appropriation of such
    sums as might be necessary to carry out the purpose of this section
    and section 593b of this title.

-End-

-CITE-
    43 USC Sec. 593b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 593b. Construction of additional works for irrigation purposes

-STATUTE-
      The Secretary of the Interior is authorized to construct,
    operate, and maintain under the provisions of the Federal
    reclamation laws (Act June 17, 1902, 32 Stat. 388, and Acts
    amendatory thereof or supplementary thereto), such additional works
    as he may deem necessary for irrigation purposes. Such irrigation
    works may be undertaken only after a report and findings thereon
    have been made by the Secretary of the Interior as provided in such
    Federal reclamation laws; and, within the limits of the water
    users' repayment ability, such report may be predicated on
    allocation to irrigation of an appropriate portion of the cost of
    constructing said dam and reservoir. Said dam and reservoir and
    said irrigation works may be utilized for irrigation purposes only
    pursuant to the provisions of said Federal reclamation laws.

-SOURCE-
    (June 5, 1944, ch. 234, Sec. 3, 58 Stat. 271.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 4 of act June 5, 1944, authorized appropriation of such
    sums as might be necessary to carry out the purpose of this section
    and section 593a of this title.

-End-

-CITE-
    43 USC Sec. 594                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 594. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 27, 1906, ch. 3559, Sec. 4, 34 Stat. 520,
    provided that settlers who had actually established themselves in
    town sites of Heyburn and Rupert, Idaho, prior to Mar. 5, 1906, in
    permanent buildings not easily moved, should be given right to
    purchase lots so built upon at an appraised value.

-End-

-CITE-
    43 USC Sec. 595                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 595. King Hill project, Idaho

-STATUTE-
      King Hill project, Idaho, shall be subject to the reclamation Act
    of June 17, 1902, and all Acts amendatory thereof or supplementary
    thereto, so far as applicable and consistent with contract made
    prior to July 1, 1918, between the United States and King Hill
    irrigation district: Provided, That for the purposes of issuing
    patent to lands reclaimed, the reclamation effected by the
    operations of the United States Bureau of Reclamation may be
    considered by the Secretary of the Interior as equivalent to
    reclamation effected by the State of Idaho, under section 641 of
    this title.

-SOURCE-
    (July 1, 1918, ch. 113, 40 Stat. 674.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act of June 17, 1902, referred to in text, is act
    June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is
    classified generally to this chapter. For complete classification
    of act of June 17, 1902, to the Code, see Short Title note set out
    under section 371 of this title and Tables.

-CHANGE-
                              CHANGE OF NAME                          
      "Reclamation Service" was changed to "Bureau of Reclamation" by
    order of the Secretary of the Interior in June of 1923.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 596                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 596. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 20, 1921, ch. 9, 42 Stat. 7, gave ex-service
    men, successful at drawing held March 5, 1920, but unable to make
    entry because of reinstatement of conflicting claims, preference
    for not less than thirty days before next opening of lands to other
    entry.

-End-

-CITE-
    43 USC Sec. 597                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 597. Riverton project, Wyoming

-STATUTE-
      Lands within and in the vicinity of the ceded portion of the Wind
    River or Shoshone Reservation, and included in the Riverton
    project, Wyoming, shall be subject to all the charges, terms,
    conditions, provisions, and limitations of the reclamation Act and
    Acts amendatory thereof or supplementary thereto, and suitable
    provision shall be made by the Secretary of the Interior in fixing
    the charges to provide for reimbursement of the entire expenditure
    in accordance with the reclamation law and other laws applicable to
    said lands.
      When any land on the project is opened to homestead entry under
    the terms of the "Reclamation Law", the entryman shall pay to the
    United States for the lands the sum of $1.50 per acre as provided
    in section 2 of the Act approved March 3, 1905 (volume 33, Statutes
    at Large, page 1016), to be credited to the fund established by
    said Act of 1905, together with the proceeds from the sale of town
    sites established in said project under the "Reclamation Law".

-SOURCE-
    (June 5, 1920, ch. 235, 41 Stat. 915; Mar. 4, 1921, ch. 161, 41
    Stat. 1404.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      References to the reclamation Act, the reclamation law, and the
    "Reclamation Law", in text, probably mean act June 17, 1902, ch.
    1093, 32 Stat. 388, as amended, popularly known as the Reclamation
    Act, which is classified generally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.
      Act of March 3, 1905, referred to in text, is act Mar. 3, 1905,
    ch. 1452, 33 Stat. 1016, which is not classified to the Code.

-MISC1-
                   RESTORATION OF LANDS TO PUBLIC DOMAIN               
      Act Aug. 15, 1953, ch. 509, Sec. 2, 67 Stat. 612, set out as a
    note under section 611 of Title 25, Indians, provided that
    unentered and vacant lands of the Riverton reclamation project
    within the ceded portion of the Wind River Indian Reservation
    should be restored to the public domain for administration, use,
    occupancy, and disposal under the reclamation and public land laws
    of the United States.

-End-

-CITE-
    43 USC Sec. 597a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 597a. Easements for Bull Lake Dam and Reservoir

-STATUTE-
      There is granted to the United States and its assigns, including
    its successors in control of the operation and maintenance of the
    Riverton reclamation project, Wyoming, a flowage easement and an
    easement for a dam site, together with all rights and privileges
    incident to the use and enjoyment of said easements, over tribal
    and allotted lands of the Wind River or Shoshone Indian Reservation
    within that part of said reservation required for the construction
    of the Bull Lake Dam and Reservoir on Bull Lake Creek, a tributary
    of the Wind River, in connection with the Riverton reclamation
    project, Wyoming, and for the impounding of approximately one
    hundred and fifty-five thousand acre-feet of water, including a ten-
    foot freeboard: Provided, That in consideration of the said rights
    insofar as they affect tribal lands there shall be deposited into
    the Treasury of the United States pursuant to the provisions of
    section 155 of title 25, for credit to the Shoshone and Arapaho
    Indians of the Wind River Reservation the sum of $6,500, from
    moneys appropriated for the construction of the said Bull Lake Dam
    and Reservoir, and the said sum when so credited shall draw
    interest at the rate of 4 per centum per annum.

-SOURCE-
    (Mar. 14, 1940, ch. 51, Sec. 1, 54 Stat. 49.)

-End-

-CITE-
    43 USC Sec. 597b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 597b. Compensation for easements

-STATUTE-
      Compensation to the individual Indian owners of the allotted
    lands within the area described in section 597a of this title shall
    be made from moneys appropriated for the construction of the Bull
    Lake Dam and Reservoir at the appraised value of the easements:
    Provided, That should any individual Indian not agree to accept the
    appraised value of the easement as it affects his land, the
    Secretary of the Interior be, and he is, authorized to acquire such
    easement by condemnation proceedings.

-SOURCE-
    (Mar. 14, 1940, ch. 51, Sec. 2, 54 Stat. 49.)

-End-

-CITE-
    43 USC Sec. 597c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 597c. Reservation of Indians' right to use lands

-STATUTE-
      The easements granted in section 597a of this title shall not
    interfere with the use by the Indians of the Wind River or Shoshone
    Indian Reservation of the lands dealt with in sections 597a to 597d
    of this title and the waters of Bull Lake Creek and the reservoir
    insofar as the use by the Indians shall not be inconsistent with
    the use of said lands for reservoir purposes.

-SOURCE-
    (Mar. 14, 1940, ch. 51, Sec. 3, 54 Stat. 49.)

-End-

-CITE-
    43 USC Sec. 597d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 597d. Regulations

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts and to prescribe such regulations as may be necessary to
    carry out the provisions of sections 597a to 597d of this title.

-SOURCE-
    (Mar. 14, 1940, ch. 51, Sec. 4, 54 Stat. 49.)

-End-

-CITE-
    43 USC Sec. 598                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 598. Salt River project, Arizona; sale of water power

-STATUTE-
      Whenever a development of power is necessary for the irrigation
    of lands under the Salt River reclamation project, Arizona, or an
    opportunity is afforded for the development of power under said
    project, the Secretary of the Interior is authorized, giving
    preference to municipal purposes, to enter into contracts for a
    period not exceeding fifty years for the sale of any surplus power
    so developed, and the money derived from such sales shall be placed
    to the credit of said project for disposal as provided in the
    contract between the United States of America and the Salt River
    Valley Water Users' Association, approved September 6, 1917:
    Provided, That no contract shall be made for the sale of such
    surplus power which will impair the efficiency of said project:
    Provided, however, That no such contract shall be made without the
    approval of the legally organized water-users' association or
    irrigation district which has contracted with the United States to
    repay the cost of said project: Provided further, That the charge
    for power may be readjusted at the end of five-, ten-, or twenty-
    year periods after the beginning of any contract for the sale of
    power in a manner to be described in the contract.

-SOURCE-
    (Sept. 18, 1922, ch. 323, 42 Stat. 847.)

-End-

-CITE-
    43 USC Sec. 599                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 599. Omitted

-COD-
                               CODIFICATION                           
      Section, act Aug. 17, 1916, ch. 349, 39 Stat. 516, provided that
    any person who established residence and made improvements on land
    within Yuma reclamation project for two years prior to August 17,
    1916, should have right to make entry for the farm unit and have
    residence and improvements credited on his final proof.

-End-

-CITE-
    43 USC Sec. 600                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 600. Minidoka project, Idaho; sales of water from American
      Falls Reservoir

-STATUTE-
      No contractor shall secure a right to the use of water from
    American Falls Reservoir, Minidoka project, except under a contract
    containing the provision that the contractor shall, as a part of
    the construction cost, pay interest at the rate of six per centum
    per annum upon the contractor's proper proportionate share, as
    found by the Secretary of the Interior, of the moneys advanced by
    the United States on account of the construction of said reservoir
    prior to the date of the contract.

-SOURCE-
    (June 5, 1924, ch. 264, 43 Stat. 417.)

-End-

-CITE-
    43 USC Sec. 600a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 600a. Arch Hurley Conservancy District project, New Mexico

-STATUTE-
      The Secretary of the Interior is authorized to construct a
    Federal reclamation project for the irrigation of the lands of the
    Arch Hurley Conservancy District in New Mexico under the Federal
    reclamation laws: Provided, That construction work is not to be
    initiated on said irrigation project until (a) the project shall
    have been found to be feasible under section 412 of this title, but
    the project may be found to be financially feasible if the
    Secretary of the Interior finds that the amount to be expended from
    the reclamation fund can be repaid by the District, and further
    that the amount of money to be expended from the reclamation fund,
    plus the amount of money which has been made available from other
    sources (for the estimated period of construction), equals the
    estimated cost of construction; (b) a contract shall have been
    executed with an irrigation or conservation district embracing the
    land to be irrigated under said project, which contract shall
    obligate the contracting district to repay the cost of construction
    of said project met by expenditure of moneys from the reclamation
    fund in forty equal annual installments, without interest; (c)
    contracts shall have been made with each owner of more than one
    hundred and sixty irrigable acres under said project, by which he,
    his successors, and assigns shall be obligated to sell all of his
    land in excess of one hundred and sixty irrigable acres at or below
    prices fixed by the Secretary of the Interior and within the time
    to be fixed by said Secretary, no water to be furnished to the land
    of any such large landowner refusing or failing to execute such
    contract.

-SOURCE-
    (Aug. 2, 1937, ch. 557, 50 Stat. 557; Apr. 9, 1938, ch. 134, 52
    Stat. 211; Aug. 9, 1955, ch. 637, Sec. 1, 69 Stat. 556.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to this chapter. For complete
    classification of act June 17, 1902, to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1955 - Act Aug. 9, 1955, struck out cl. (d) which required
    landowners to contract to pay to the United States one-half of the
    price above the appraised value received for the sale of land.
      1938 - Act Apr. 9, 1938, inserted "but the project may be found
    feasible if the Secretary of the Interior finds that the amount to
    be expended from the reclamation fund can be repaid by the
    District, and further that the amount of money to be expended from
    the reclamation fund, plus the amount of money which has been made
    available from other sources (for the estimated period of
    construction), equals the estimated cost of construction" after
    "section 412 of this title".

                          AMENDMENT OF CONTRACTS                      
      Section 2 of act Aug. 9, 1955, provided that: "The Secretary of
    the Interior is authorized to amend any contract, which has been
    entered into prior to the date of enactment of this Act [Aug. 9,
    1955], to conform with the provisions of the first section of this
    Act [amending this section]. The consent of the United States is
    hereby given to the recording, at the expense of the party
    benefited thereby, of any such amendment contract and to the
    simultaneous discharge of record of the original contract. The
    consent of the United States is likewise given to the discharge of
    record, at the expense of the party benefited thereby, of any
    contract which the Secretary of the Interior or his duly authorized
    agent finds is rendered nugatory by the enactment of this Act
    [amending this section]."

      ENFORCEMENT OF CONTRACT PROVISIONS; COMPLETED TRANSACTIONS AND
                                 PAYMENTS
      Section 1 of act Aug. 9, 1955, provided, in part, that: "No
    provision with respect to the matters covered in said clause (d)
    [former cl. (d) of this section] which is contained in any contract
    entered into prior to the date of enactment of this Act [Aug. 9,
    1955] shall, except as is otherwise provided by this Act [amending
    this section], be enforced by the United States. Nothing contained
    in this section shall affect (1) the retention and application by
    the United States of any payments which have been made prior to the
    date of enactment of this Act [Aug. 9, 1955] in accordance with any
    such provision of a contract, (2) the obligation of any party to
    the United States with respect to any payment which is due to the
    United States under any such provision but not paid upon the date
    of enactment of this Act [Aug. 9, 1955], and the application by the
    United States of any such payment in accordance with the terms of
    such contract, or (3) the enforcement of any such obligation by
    refusal to deliver water to lands covered by contractual provisions
    executed in accordance with said clause (d), except in those cases,
    if any, in which a sale or transfer consummated between December
    27, 1938, and the date of enactment of this Act [Aug. 9, 1955] is
    only discovered after such date of enactment to have been made
    contrary to such contractual provisions or to said clause (d)."

-End-

-CITE-
    43 USC Sec. 600b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 600b. Canadian River project, Texas

-STATUTE-
      For the purposes of irrigating land, delivering water for
    industrial and municipal use, controlling floods, providing
    recreation and fish and wildlife benefits, and controlling and
    catching silt, the Secretary of the Interior, acting pursuant to
    the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388,
    and Acts amendatory thereof or supplementary thereto), is
    authorized to construct, operate, and maintain the Canadian River
    reclamation project, Texas, described in the report of the
    Commissioner of Reclamation approved by the Secretary May 3, 1950,
    entitled "Plan for Development, Canadian River Project, Texas",
    Project Planning Report Number 5-12.22-1, at an estimated cost of
    $86,656,000, the impounding works whereof shall be located at a
    suitable site on the Canadian River in that area known as the
    Panhandle of Texas. In addition to the impounding works, the
    project shall include such main canals, pumping plants,
    distribution and drainage systems, and other works as are necessary
    to accomplish the purposes of sections 600b and 600c of this title.
    The use by the project of waters arising in Ute and Pajarito
    Creeks, New Mexico, shall be only such use as does not conflict
    with use, present or potential, of such waters for beneficial
    consumptive purposes in New Mexico.

-SOURCE-
    (Dec. 29, 1950, ch. 1183, Sec. 1, 64 Stat. 1124.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 371 of this title and Tables.

-MISC1-
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 3 of act Dec. 29, 1950, provided that: "There are hereby
    authorized to be appropriated, out of any moneys in the Treasury
    not otherwise appropriated, such sums as may be required to carry
    out the purposes of this Act [enacting this section and section
    600c of this title]."

                     CANADIAN RIVER PROJECT PREPAYMENT                 
      Pub. L. 105-316, Oct. 30, 1998, 112 Stat. 2999, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Canadian River Project Prepayment
    Act'.

      "SEC. 2. DEFINITIONS.
      "For the purposes of this Act:
        "(1) The term 'Authority' means the Canadian River Municipal
      Water Authority, a conservation and reclamation district of the
      State of Texas.
        "(2) The term 'Canadian River Project Authorization Act' means
      the Act entitled 'An Act to authorize the construction,
      operation, and maintenance by the Secretary of the Interior of
      the Canadian River reclamation project, Texas', approved December
      29, 1950 (ch. 1183; 64 Stat. 1124) [enacting this section,
      section 600c of this title, and provisions set out as a note
      above].
        "(3) The term 'Project' means all of the right, title and
      interest in and to all land and improvements comprising the
      pipeline and related facilities of the Canadian River Project
      authorized by the Canadian River Project Authorization Act.
        "(4) The term 'Secretary' means the Secretary of the Interior.

      "SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.
      "(a) In General. - (1) In consideration of the Authority
    accepting the obligation of the Federal Government for the Project
    and subject to the payment by the Authority of the applicable
    amount under paragraph (2) within the 360-day period beginning on
    the date of the enactment of this Act [Oct. 30, 1998], the
    Secretary shall convey the Project to the Authority, as provided in
    section 2(c)(3) of the Canadian River Project Authorization Act (64
    Stat. 1124) [section 600c(c)(3) of this title].
      "(2) For purposes of paragraph (1), the applicable amount shall
    be - 
        "(A) $34,806,731, if payment is made by the Authority within
      the 270-day period beginning on the date of the enactment of this
      Act; or
        "(B) the amount specified in subparagraph (A) adjusted to
      include interest on that amount since the date of the enactment
      of this Act at the appropriate Treasury bill rate for an
      equivalent term, if payment is made by the Authority after the
      period referred to in subparagraph (A).
      "(3) If payment under paragraph (1) is not made by the Authority
    within the period specified in paragraph (1), this Act shall have
    no force or effect.
      "(b) Financing. - Nothing in this Act shall be construed to
    affect the right of the Authority to use a particular type of
    financing.

      "SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
      "(a) In General. - Nothing in this Act shall be construed as
    significantly expanding or otherwise changing the use or operation
    of the Project from its current use and operation.
      "(b) Future Alterations. - If the Authority alters the operations
    or uses of the Project it shall comply with all applicable laws or
    regulations governing such alteration at that time.
      "(c) Recreation. - The Secretary of the Interior, acting through
    the National Park Service, shall continue to operate the Lake
    Meredith National Recreation Area at Lake Meredith.
      "(d) Flood Control. - The Secretary of the Army, acting through
    the Corps of Engineers, shall continue to prescribe regulations for
    the use of storage allocated to flood control at Lake Meredith as
    prescribed in the Letter of Understanding entered into between the
    Corps, the Bureau of Reclamation, and the Authority in March and
    May 1980.
      "(e) Sanford Dam Property. - The Authority shall have the right
    to occupy and use without payment of lease or rental charges or
    license or use fees the property retained by the Bureau of
    Reclamation at Sanford Dam and all buildings constructed by the
    United States thereon for use as the Authority's headquarters and
    maintenance facility. Buildings constructed by the Authority on
    such property, or past and future additions to Government
    constructed buildings, shall be allowed to remain on the property.
    The Authority shall operate and maintain such property and
    facilities without cost to the United States.

      "SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
      "(a) Payment Obligations Extinguished. - Provision of
    consideration by the Authority in accordance with section 3(b)
    shall extinguish all payment obligations under contract numbered 14-
    06-500-485 between the Authority and the Secretary.
      "(b) Operation and Maintenance Costs. - After completion of the
    conveyance provided for in section 3, the Authority shall have full
    responsibility for the cost of operation and maintenance of Sanford
    Dam, and shall continue to have full responsibility for operation
    and maintenance of the Project pipeline and related facilities.
      "(c) In General. - Rights and obligations under the existing
    contract No. 14-06-500-485 between the Authority and the United
    States, other than provisions regarding repayment of construction
    charge obligation by the Authority and provisions relating to the
    Project aqueduct, shall remain in full force and effect for the
    remaining term of the contract.

      "SEC. 6. RELATIONSHIP TO OTHER LAWS.
      "Upon conveyance of the Project under this Act, the Reclamation
    Act of 1902 (82 [32] Stat. 388) [43 U.S.C. 371 et seq.] and all
    Acts amendatory thereof or supplemental thereto shall not apply to
    the Project.

      "SEC. 7. LIABILITY.
      "Except as otherwise provided by law, effective on the date of
    conveyance of the Project under this Act, the United States shall
    not be liable under any law for damages of any kind arising out of
    any act, omission, or occurrence relating to the conveyed
    property."

-End-

-CITE-
    43 USC Sec. 600c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 600c. Nonreimbursable costs

-STATUTE-
    (a) Construction, operation, and maintenance costs
      Notwithstanding any recommendations in the report mentioned in
    section 600b of this title to the contrary, only the costs of
    construction allocable to flood control and, upon approval by the
    President of a suitable plan thereof, to the preservation and
    propagation of fish and wildlife, and operation and maintenance
    costs allocable to the same purposes, shall be nonreimbursable.
    (b) Conditions precedent to construction
      Actual construction of the project herein authorized shall not be
    commenced, and no construction contract awarded therefor, until (1)
    the Congress shall have consented to the interstate compact between
    the States of New Mexico, Oklahoma, and Texas agreed upon by the
    Canadian River Compact Commission at Santa Fe, New Mexico, December
    6, 1950, in conformity with Public Law 491, Eighty-first Congress,
    and (2) repayment of that portion of the actual cost of
    constructing the project which is allocated to municipal and
    industrial water supply and of interest on the unamortized balance
    thereof at a rate (which rate shall be certified by the Secretary
    of the Treasury) equal to the average rate paid by the United
    States on its long-term loans outstanding at the time the repayment
    contract is negotiated minus the amount of such net revenues as may
    be derived from temporary water supply contracts or from other
    sources prior to the close of the repayment period, shall have been
    assured by a contract satisfactory to the Secretary, with one
    central repayment contract organization, the term of which shall
    not exceed fifty years from the date of completion of the municipal
    and industrial water supply features of the project as determined
    by the Secretary.
    (c) Repayment contract
      The repayment contract shall provide, among other things, (1)
    that the holder thereof shall have a first right, to which right
    the rights of the holders of any other type of contract shall be
    subordinate, to a stated share or quantity of the project's
    available water supply for use by its constituent industrial and
    municipal water users during the repayment period and a permanent
    right to such share or quantity thereafter subject to payment of
    such costs as may be incurred by the United States in its operation
    and maintenance of any part of the project works; (2) that, subject
    to such rules and regulations as the Secretary may prescribe, the
    care, operation, and maintenance of such portions of the pipeline
    and related facilities as are used solely for delivering such water
    to the contract holder and its constituent organizations shall, as
    soon as is practicable after completion of the municipal and
    industrial water supply features of the project, pass to the
    contract holder or to an organization which is designated by it for
    that purpose and which is satisfactory to the Secretary; and (3)
    that title to such portions of the pipeline and related facilities
    shall in like manner pass to the contract holder or its designee or
    designees upon payment to the United States of all obligations
    arising under sections 600b and 600c of this title or incurred in
    connection with the project.

-SOURCE-
    (Dec. 29, 1950, ch. 1183, Sec. 2, 64 Stat. 1124.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 491, Eighty-first Congress, referred to in subsec.
    (b), is act Apr. 29, 1950, ch. 135, 64 Stat. 93, which is set out
    as a note below.

-MISC1-
                      CONSENT OF CONGRESS TO COMPACT                  
      Act Apr. 29, 1950, ch. 135, 64 Stat. 93, provided: "That the
    consent of the Congress is hereby given to the States of Oklahoma,
    Texas, and New Mexico to negotiate and enter into a compact not
    later than June 30, 1953, providing for an equitable apportionment
    among the said States of the waters of the Canadian River and its
    tributaries, upon the condition that one suitable person, who shall
    be appointed by the President of the United States, shall
    participate in said negotiations as the representative of the
    United States and shall make report to the Congress of the
    proceedings and of any compact entered into. Said compact shall not
    be binding or obligatory upon any of the parties thereto unless and
    until the same shall have been ratified by the legislature of each
    of the States aforesaid and approved by the Congress of the United
    States."

-End-

-CITE-
    43 USC Sec. 600d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 600d. Sanford Reservoir recreation facilities; allocation of
      water, reservoir capacity, or joint project costs of Canadian
      River project; municipal water use priorities; agreements for
      operation, maintenance, or additional development of project
      lands or facilities; disposal of project lands or facilities;
      nonreimbursable costs; cognizance of effect of fish and wildlife
      plan

-STATUTE-
      The Secretary of the Interior is authorized to investigate, plan,
    construct, operate and maintain, or otherwise provide for basic
    public outdoor recreation facilities at the Sanford Reservoir area,
    Canadian Federal reclamation project, to acquire or otherwise
    include within the project area such adjacent lands or interests
    therein as are necessary for present or future public recreation
    use, and to provide for the public use and enjoyment of project
    lands, facilities, and water areas in a manner coordinated with
    other project purposes: Provided, That this section shall not
    provide the Secretary with a basis for allocation to recreation of
    water, reservoir capacity, or joint project costs of the Canadian
    River project nor affect the priority for municipal use of water
    stored in the Sanford Reservoir, or the priority of use for
    municipal purposes of the capacity of said reservoir. The Secretary
    is authorized to enter into agreements with Federal agencies or
    State or local public bodies for the operation, maintenance, or
    additional development of project lands or facilities, or to
    dispose of project lands or facilities to Federal agencies or State
    or local public bodies by lease, transfer, conveyance or exchange
    upon such terms and conditions as will best promote the development
    and operation of such lands or facilities in the public interest
    for recreation purposes. The cost of providing basic recreation
    facilities shall be nonreimbursable. In carrying out the aforesaid
    activities the Secretary shall take cognizance of the effect of the
    fish and wildlife plan approved by the President December 19, 1962,
    pursuant to sections 600b and 600c of this title in providing
    facilities at the Canadian River project which have general
    recreation utility.

-SOURCE-
    (Pub. L. 88-536, Sec. 1, Aug. 31, 1964, 78 Stat. 744.)

-End-

-CITE-
    43 USC Sec. 600e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVII - LEGISLATION APPLICABLE TO PARTICULAR PROJECTS
           GENERALLY                                     

-HEAD-
    Sec. 600e. Authorization of appropriations for public recreation
      facilities

-STATUTE-
      There are authorized to be appropriated such amounts, but not
    more than $1,100,000, as may be necessary for the investigation,
    preparation of plans, construction and acquisition of lands
    authorized in section 600d of this title.

-SOURCE-
    (Pub. L. 88-536, Sec. 2, Aug. 31, 1964, 78 Stat. 744.)

-End-

-CITE-
    43 USC SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS

-HEAD-
                 SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS             

-End-

-CITE-
    43 USC Secs. 600f to 600f-4                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XVIII - CIBOLO PROJECT, TEXAS

-HEAD-
    Secs. 600f to 600f-4. Omitted

-COD-
                               CODIFICATION                           
      Section 600f, Pub. L. 93-493, title II, Sec. 201, Oct. 27, 1974,
    88 Stat. 1491, related to authorization for construction,
    operation, and maintenance of Cibolo project.
      Section 600f-1, Pub. L. 93-493, title II, Sec. 202, Oct. 27,
    1974, 88 Stat. 1491, related to basis of interest rate on unpaid
    balance of reimbursable costs of Cibolo project.
      Section 600f-2, Pub. L. 93-493, title II, Sec. 203, Oct. 27,
    1974, 88 Stat. 1491, related to water delivery and reimbursable
    construction cost repayment contracts.
      Section 600f-3, Pub. L. 93-493, title II, Sec. 204, Oct. 27,
    1974, 88 Stat. 1492, related to conservation and development of
    fish and wildlife resources and enhancement of recreation.
      Section 600f-4, Pub. L. 93-493, title II, Sec. 205, Oct. 27,
    1974, 88 Stat. 1492, related to authorization of appropriations to
    defray construction costs of Cibolo project.

-End-

-CITE-
    43 USC SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS

-HEAD-
               SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS           

-End-

-CITE-
    43 USC Secs. 600g to 600g-4                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XIX - NUECES RIVER PROJECT, TEXAS

-HEAD-
    Secs. 600g to 600g-4. Omitted

-COD-
                               CODIFICATION                           
      Section 600g, Pub. L. 93-493, title X, Sec. 1001, Oct. 27, 1974,
    88 Stat. 1496, related to authorization for construction,
    operation, and maintenance of Nueces River project.
      Section 600g-1, Pub. L. 93-493, title X, Sec. 1002, Oct. 27,
    1974, 88 Stat. 1496, related to repayment costs of Nueces River
    project.
      Section 600g-2, Pub. L. 93-493, title X, Sec. 1003, Oct. 27,
    1974, 88 Stat. 1496, related to water delivery and reimbursable
    construction cost repayment contracts.
      Section 600g-3, Pub. L. 93-493, title X, Sec. 1004, Oct. 27,
    1974, 88 Stat. 1497, related to conservation and development of
    fish and wildlife resources and enhancement of recreation
    opportunities.
      Section 600g-4, Pub. L. 93-493, title X, Sec. 1005, Oct. 27,
    1974, 88 Stat. 1497, related to authorization of appropriations for
    Nueces River project.

-End-

-CITE-
    43 USC SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA    01/02/2006 

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-
            SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA        

-End-

-CITE-
    43 USC Sec. 601                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-
    Sec. 601. Omitted

-COD-
                               CODIFICATION                           
      Section, act Feb. 9, 1905, ch. 567, 33 Stat. 714, related to
    changes in levels of lakes and subjection of lands to reclamation
    law.

-End-

-CITE-
    43 USC Secs. 602 to 609                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-
    Secs. 602 to 609. Repealed. June 17, 1944, ch. 261, Sec. 2(a), 58
      Stat. 279

-MISC1-
      Section 602, act May 27, 1920, ch. 209, Sec. 1, 41 Stat. 627,
    related to notice of lands subject to entry and conditions and
    reservations in patents.
      Section 603, act May 27, 1920, ch. 209, Sec. 2, 41 Stat. 628,
    related to assessment of past expenditure for benefit of
    reclamation fund.
      Section 604, act May 27, 1920, ch. 209, Sec. 3, 41 Stat. 628,
    related to survey and opening of lands to entry.
      Section 605, act May 27, 1920, ch. 209, Sec. 4, 41 Stat. 628,
    related to additional payments; installments; forfeiture for
    nonpayment, etc.
      Section 606, act May 27, 1920, ch. 209, Sec. 5, 41 Stat. 628,
    related to preference rights of World War I veterans.
      Section 607, act May 27, 1920, ch. 209, Sec. 6, 41 Stat. 629,
    related to squatter's rights not recognized, time of entry, and
    penalty for premature entry.
      Section 608, act May 27, 1920, ch. 209, Sec. 7, 41 Stat. 629,
    related to Lands in Klamath Lake Bird Reservation.
      Section 609, act May 27, 1920, ch. 209, Sec. 8, 41 Stat. 629,
    related to powers of Secretary of the Interior in relation to
    project.

-End-

-CITE-
    43 USC Secs. 610 to 612                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XX - KLAMATH PROJECT, OREGON-CALIFORNIA

-HEAD-
    Secs. 610 to 612. Omitted

-COD-
                               CODIFICATION                           
      Section 610, act May 25, 1926, ch. 383, Sec. 14(a-1), as added
    June 23, 1932, ch. 273, 47 Stat. 332, related to reclassification
    of lands within the Klamath irrigation district.
      Section 611, act July 1, 1946, ch. 529, 60 Stat. 366, related to
    availability of revenues from lease of Tule Lake marginal lands for
    refunds, was from the Interior Department Appropriation Act, 1947.
    Similar provisions were contained in the following prior
    appropriation acts: July 3, 1945, ch. 262, 59 Stat. 340; June 28,
    1944, ch. 298, 58 Stat. 487; July 12, 1943, ch. 219, 57 Stat. 473;
    July 2, 1942, ch. 473, 56 Stat. 533; June 28, 1941, ch. 259, 55
    Stat. 332; June 18, 1940, ch. 395, 54 Stat. 434.
      Section 612, acts June 17, 1944, ch. 261, Sec. 2(b)-(d), 58 Stat.
    279; Aug. 1, 1956, ch. 828, Sec. 2(e), 70 Stat. 799, related to
    lands of the Klamath project being subject to the reclamation laws.

-MISC1-
                             CONTRACT APPROVED                         
      Section 1 of act June 17, 1944, ch. 261, 58 Stat. 279, provided
    that the contract dated Apr. 28, 1943, negotiated by the Secretary
    of the Interior with the Klamath Drainage District was approved and
    that the Secretary was authorized to execute such contract.

                             RECLAMATION LAWS                         
      Section 3 of act June 17, 1944, ch. 261, 58 Stat. 279, provided
    that section 612 was part of the Federal reclamation laws.

           REPAYMENT CONTRACT WITH TULE LAKE IRRIGATION DISTRICT       
      Act Aug. 1, 1956, ch. 828, 70 Stat. 799, authorized Secretary of
    the Interior to execute a repayment contract with Tule Lake
    Irrigation District.

-End-

-CITE-
    43 USC SUBCHAPTER XXI - GILA PROJECT, ARIZONA               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXI - GILA PROJECT, ARIZONA

-HEAD-
                  SUBCHAPTER XXI - GILA PROJECT, ARIZONA              

-End-

-CITE-
    43 USC Secs. 613 to 613e                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXI - GILA PROJECT, ARIZONA

-HEAD-
    Secs. 613 to 613e. Omitted

-COD-
                               CODIFICATION                           
      Section 613, act July 30, 1947, ch. 382, Sec. 1, 61 Stat. 628,
    related to reduction in area of Gila project.
      Section 613a, act July 30, 1947, ch. 382, Sec. 2, 61 Stat. 628,
    related to acquisition of property within or adjacent to Gila
    project.
      Section 613b, act July 30, 1947, ch. 382, Sec. 3, 61 Stat. 629,
    related to authority of Secretary of the Interior to dispose of
    land within Gila project.
      Section 613c, act July 30, 1947, ch. 382, Sec. 4, 61 Stat. 629,
    related to applicability of project land to State laws and
    liability of such land for assessments and taxes.
      Section 613d, act July 30, 1947, ch. 382, Sec. 5, 61 Stat. 629,
    related to repayment of construction costs for Gila project in
    installments.
      Section 613e, act July 30, 1947, ch. 382, Sec. 7, 61 Stat. 630,
    related to powers of Secretary of the Interior and his duly
    authorized representatives.

-MISC1-
                 RECLAMATION LAW; AMENDMENT OF OTHER LAWS             
      Section 8 of act July 30, 1947, ch. 382, 61 Stat. 630, provided
    that this subchapter be deemed a supplement to the reclamation law
    and that nothing in this subchapter be construed to amend
    subchapter I of chapter 12A of this title.

-End-

-CITE-
    43 USC SUBCHAPTER XXII - WASHOE PROJECT,
           NEVADA-CALIFORNIA                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA

-HEAD-
            SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA        

-End-

-CITE-
    43 USC Secs. 614 to 614d                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXII - WASHOE PROJECT, NEVADA-CALIFORNIA

-HEAD-
    Secs. 614 to 614d. Omitted

-COD-
                               CODIFICATION                           
      Section 614, act Aug. 1, 1956, ch. 809, Sec. 1, 70 Stat. 775,
    related to authorization for construction, operation, and
    maintenance of Washoe project, which was revoked by Pub. L. 101-
    618, title II, Sec. 205(c), Nov. 16, 1990, 104 Stat. 3307.
      Section 614a, act Aug. 1, 1956, ch. 809, Sec. 2, 70 Stat. 775,
    related to applicability of reclamation laws to duties of Secretary
    under this subchapter, repayment of construction costs, and
    contracts for supplemental water supply.
      Section 614b, act Aug. 1, 1956, ch. 809, Sec. 3, 70 Stat. 776,
    related to facilities for access, public health and safety, and
    protection of public property on lands of Washoe project.
      Section 614c, act Aug. 1, 1956, ch. 809, Sec. 4, 70 Stat. 777,
    related to facilities for development of fish and wildlife
    resources on the project area.
      Section 614d, acts Aug. 1, 1956, ch. 809, Sec. 5, 70 Stat. 777;
    Aug. 21, 1958, Pub. L. 85-706, 72 Stat. 705, provided an
    authorization for appropriations for the project.

-End-

-CITE-
    43 USC SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT,
           OKLAHOMA                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA

-HEAD-
         SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA     

-End-

-CITE-
    43 USC Secs. 615 to 615e                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXIII - WASHITA RIVER BASIN PROJECT, OKLAHOMA

-HEAD-
    Secs. 615 to 615e. Omitted

-COD-
                               CODIFICATION                           
      Section 615, act Feb. 25, 1956, ch. 71, Sec. 1, 70 Stat. 28,
    authorized construction, operation, and maintenance of Washita
    River Basin Project, Oklahoma.
      Section 615a, act Feb. 25, 1956, ch. 71, Sec. 2, 70 Stat. 28,
    related to allocation of construction costs, adjustments, and
    repayment of construction costs.
      Section 615b, act Feb. 25, 1956, ch. 71, Sec. 3, 70 Stat. 30,
    required construction in units or stages.
      Section 615c, act Feb. 25, 1956, ch. 71, Sec. 4, 70 Stat. 30,
    related to construction, operation, and maintenance of public parks
    and recreational facilities on lands adjacent to Washita project.
      Section 615d, act Feb. 25, 1956, ch. 71, Sec. 5, 70 Stat. 30,
    related to expenditures for Foss and Fort Cobb Reservoirs.
      Section 615e, act Feb. 25, 1956, ch. 71, Sec. 6, 70 Stat. 30,
    related to authorization of appropriations for this project.

-MISC1-
      FOSS RESERVOIR MASTER CONSERVANCY DISTRICT; FEASIBILITY STUDY;
                      REVISION OF REPAYMENT CONTRACT
      Pub. L. 90-311, May 18, 1968, 82 Stat. 124, directed Secretary of
    the Interior to conduct feasibility studies in areas serving Foss
    Reservoir Master Conservancy District to determine alternative
    water sources and methods of alleviating problems associated with
    poor quality and supply of water stored in Foss Reservoir, provided
    for assistance to Foss Reservoir Master Conservancy District in
    developing an adequate interim water supply, and authorized
    Secretary to use any available funds to carry out this Act.

-End-

-CITE-
    43 USC SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON

-HEAD-
              SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON          

-End-

-CITE-
    43 USC Secs. 615f to 615j-1                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXIV - CROOKED RIVER PROJECT, OREGON

-HEAD-
    Secs. 615f to 615j-1. Omitted

-COD-
                               CODIFICATION                           
      Section 615f, acts Aug. 6, 1956, ch. 980, Sec. 1, 70 Stat. 1058;
    Sept. 14, 1959, Pub. L. 86-271, Sec. 1, 73 Stat. 554; Sept. 18,
    1964, Pub. L. 88-598, Sec. 1, 78 Stat. 954, authorized
    construction, operation, and maintenance of the Crooked River
    Project, Oregon.
      Section 615f-1, Pub. L. 88-598, Sec. 3, Sept. 18, 1964, 78 Stat.
    954, related to availability of supplemental power required for
    irrigation water pumping.
      Section 615g, act Aug. 6, 1956, ch. 980, Sec. 2, 70 Stat. 1058,
    related to allocation of costs of construction, operation, and
    maintenance of this project.
      Section 615h, act Aug. 6, 1956, ch. 980, Sec. 3, 70 Stat. 1059,
    related to construction, operation, and maintenance of public
    recreation facilities in connection with this project.
      Section 615i, act Aug. 6, 1956, ch. 980, Sec. 4, 70 Stat. 1059,
    related to preservation and propagation of fish and wildlife in
    connection with this project.
      Section 615j, act Aug. 6, 1956, ch. 980, Sec. 5, 70 Stat. 1059,
    authorized appropriations for this project.
      Section 615j-1, Pub. L. 88-598, Sec. 2, Sept. 18, 1964, 78 Stat.
    954, authorized appropriations for new works in project extension.

-End-

-CITE-
    43 USC SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO

-HEAD-
             SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO         

-End-

-CITE-
    43 USC Secs. 615k to 615n                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXV - LITTLE WOOD RIVER PROJECT, IDAHO

-HEAD-
    Secs. 615k to 615n. Omitted

-COD-
                               CODIFICATION                           
      Section 615k, act Aug. 6, 1956, ch. 981, Sec. 1, 70 Stat. 1059,
    authorized construction, operation, and maintenance of Little Wood
    River Project, Idaho.
      Section 615l, act Aug. 6, 1956, ch. 981, Sec. 2, 70 Stat. 1059,
    related to construction, operation, and maintenance of public
    recreational facilities in connection with this project.
      Section 615m, act Aug. 6, 1956, ch. 981, Sec. 3, 70 Stat. 1059,
    related to preservation of fish and wildlife in connection with
    this project and the operation of this project in accordance with
    water rights.
      Section 615n, act Aug. 6, 1956, ch. 981, Sec. 4, 70 Stat. 1060,
    related to authorization of appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS

-HEAD-
                SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS            

-End-

-CITE-
    43 USC Secs. 615o to 615r                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXVI - SAN ANGELO PROJECT, TEXAS

-HEAD-
    Secs. 615o to 615r. Omitted

-COD-
                               CODIFICATION                           
      Section 615o, Pub. L. 85-152, Sec. 1, Aug. 16, 1957, 71 Stat.
    372; Pub. L. 103-434, title V, Sec. 501(a), Oct. 31, 1994, 108
    Stat. 4538, authorized construction, operation, and maintenance of
    San Angelo Project, Texas.
      Section 615p, Pub. L. 85-152, Sec. 2, Aug. 16, 1957, 71 Stat.
    372, related to contract provisions concerning construction,
    operation, and maintenance of this project and to rates charged for
    water supply.
      Section 615q, Pub. L. 85-152, Sec. 3, Aug. 16, 1957, 71 Stat.
    373, related to construction, operation, and maintenance of
    recreational facilities at Twin Buttes Reservoir and to allocations
    for flood control and preservation of fish and wildlife.
      Section 615r, Pub. L. 85-152, Sec. 4, Aug. 16, 1957, 71 Stat.
    374, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT,
           WASHINGTON AND IDAHO                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO

-HEAD-
      SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO  

-End-

-CITE-
    43 USC Secs. 615s to 615u                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXVII - SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO

-HEAD-
    Secs. 615s to 615u. Omitted

-COD-
                               CODIFICATION                           
      Section 615s, Pub. L. 86-276, Sec. 1, Sept. 16, 1959, 73 Stat.
    561; Pub. L. 87-630, Sec. 1(a), Sept. 5, 1962, 76 Stat. 431,
    authorized construction, operation, and maintenance of Spokane
    Valley Project, Washington and Idaho.
      Section 615t, Pub. L. 86-276, Sec. 2, Sept. 16, 1959, 73 Stat.
    562; Pub. L. 87-630, Sec. 1(b), Sept. 5, 1962, 76 Stat. 431,
    related to provisions concerning construction, operation, and
    maintenance of this project.
      Section 615u, Pub. L. 86-276, Sec. 3, Sept. 16, 1959, 73 Stat.
    562; Pub. L. 87-630, Sec. 1(c), Sept. 5, 1962, 76 Stat. 431,
    authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON

-HEAD-
                SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON            

-End-

-CITE-
    43 USC Secs. 615v to 615x                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXVIII - DALLAS PROJECT, OREGON

-HEAD-
    Secs. 615v to 615x. Omitted

-COD-
                               CODIFICATION                           
      Section 615v, Pub. L. 86-745, Sec. 1, Sept. 13, 1960, 74 Stat.
    882, authorized construction, operation, and maintenance of Dallas
    Project, Oregon.
      Section 615w, Pub. L. 86-745, Sec. 2, Sept. 13, 1960, 74 Stat.
    882, related to provisions concerning construction, operation, and
    maintenance of this project and to rates for power and energy.
      Section 615x, Pub. L. 86-745, Sec. 3, Sept. 13, 1960, 74 Stat.
    883, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA

-HEAD-
                SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA            

-End-

-CITE-
    43 USC Secs. 615aa to 615hh                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXIX - NORMAN PROJECT, OKLAHOMA

-HEAD-
    Secs. 615aa to 615hh. Omitted

-COD-
                               CODIFICATION                           
      Section 615aa, Pub. L. 86-529, Sec. 1, June 27, 1960, 74 Stat.
    225, authorized construction, operation, and maintenance of Norman
    Project, Oklahoma and provided for contracts and advances.
      Section 615bb, Pub. L. 86-529, Sec. 2, June 27, 1960, 74 Stat.
    225, related to allocation of costs for this project.
      Section 615cc, Pub. L. 86-529, Sec. 3, June 27, 1960, 74 Stat.
    226, related to contracts with water users' organization.
      Section 615dd, Pub. L. 86-529, Sec. 4, June 27, 1960, 74 Stat.
    226, related to transfer of care, operation, and maintenance of
    this project to water users' organization.
      Section 615ee, Pub. L. 86-529, Sec. 5, June 27, 1960, 74 Stat.
    226, related to construction of the project in units or stages.
      Section 615ff, Pub. L. 86-529, Sec. 6, June 27, 1960, 74 Stat.
    226, related to construction of public parks and recreational
    facilities on lands adjacent to reservoirs of this project.
      Section 615gg, Pub. L. 86-529, Sec. 7, June 27, 1960, 74 Stat.
    226, related to expenditures for Norman Reservoir.
      Section 615hh, Pub. L. 86-529, Sec. 8, June 27, 1960, 74 Stat.
    226, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW
           MEXICO; SAN JUAN-CHAMA PROJECT, COLORADO-NEW
           MEXICO                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN
           JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO       

-HEAD-
        SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN
                  JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO

-End-

-CITE-
    43 USC Secs. 615ii to 615zz                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXX - NAVAJO IRRIGATION PROJECT, NEW MEXICO; SAN
           JUAN-CHAMA PROJECT, COLORADO-NEW MEXICO       

-HEAD-
    Secs. 615ii to 615zz. Omitted

-COD-
                               CODIFICATION                           
      Section 615ii, Pub. L. 87-483, Sec. 1, June 13, 1962, 76 Stat.
    96, related to Congressional declaration of policy.
      Section 615jj, Pub. L. 87-483, Sec. 2, June 13, 1962, 76 Stat.
    96, authorized construction, operation, and maintenance of Navajo
    Indian irrigation project.
      Section 615kk, Pub. L. 87-483, Sec. 3, June 13, 1962, 76 Stat.
    96; Pub. L. 91-416, Sec. 1(a), (c), Sept. 25, 1970, 84 Stat. 867,
    related to lands to be used as part of Navajo Indian irrigation
    project.
      Section 615ll, Pub. L. 87-483, Sec. 4, June 13, 1962, 76 Stat.
    97, related to contractual assurance of repayment of costs and
    interest for construction of additional capacity in developing
    Navajo Indian irrigation project.
      Section 615mm, Pub. L. 87-483, Sec. 5, June 13, 1962, 76 Stat.
    97, related to payment of operation and maintenance charges of
    Navajo Indian irrigation project and to transfers of project works
    and title to property.
      Section 615nn, Pub. L. 87-483, Sec. 6, June 13, 1962, 76 Stat.
    97, related to restriction on delivery of water from Navajo Indian
    irrigation project for production of excessive basic commodities.
      Section 615oo, Pub. L. 87-483, Sec. 7, June 13, 1962, 76 Stat.
    97; Pub. L. 91-416, Sec. 1(b), Sept. 25, 1970, 84 Stat. 867,
    authorized appropriations for Navajo Indian irrigation project.
      Section 615pp, Pub. L. 87-483, Sec. 8, June 13, 1962, 76 Stat.
    97, authorized construction, operation, and maintenance of initial
    stage of San Juan-Chama Project, Colorado-New Mexico.
      Section 615qq, Pub. L. 87-483, Sec. 9, June 13, 1962, 76 Stat.
    99, related to restriction on delivery of water from San Juan-Chama
    project for production of excessive basic commodities.
      Section 615rr, Pub. L. 87-483, Sec. 10, June 13, 1962, 76 Stat.
    99, authorized appropriations for San Juan-Chama project.
      Section 615ss, Pub. L. 87-483, Sec. 11, June 13, 1962, 76 Stat.
    99, provided that waters of Navajo Reservoir, San Juan River and
    tributary waters be used only pursuant to contract.
      Section 615tt, Pub. L. 87-483, Sec. 12, June 13, 1962, 76 Stat.
    100, related to water use rights of New Mexico and Arizona.
      Section 615uu, Pub. L. 87-483, Sec. 13, June 13, 1962, 76 Stat.
    101, provided use of water through works constructed pursuant to
    sections 615ii to 615yy of this title be subject to Colorado River
    compact, Upper Colorado River Basin compact, Boulder Canyon Project
    Act (43 U.S.C. 617 et seq.), Boulder Canyon Project Adjustment Act
    (43 U.S.C. 618 et seq.), Colorado River Storage Project Act (43
    U.S.C. 620 et seq.), and Mexican Water Treaty (Treaty Series 994).
      Section 615vv, Pub. L. 87-483, Sec. 14, June 13, 1962, 76 Stat.
    101, required compliance with above-mentioned compacts, laws, and
    treaties and provided for enforcement and consent to suit.
      Section 615ww, Pub. L. 87-483, Sec. 15, June 13, 1962, 76 Stat.
    102, related to studies of quality of water of Colorado River
    system and reports to Congress on results of these studies.
      Section 615xx, Pub. L. 87-483, Sec. 16, June 13, 1962, 76 Stat.
    102, related to compact obligations of "States of the upper
    division" concerning flow depletion at Lee Ferry and the Mexican
    treaty obligation.
      Section 615yy, Pub. L. 87-483, Sec. 17, June 13, 1962, 76 Stat.
    102, related to determination of appropriations.
      Section 615zz, Pub. L. 91-416, Sec. 2, Sept. 25, 1970, 84 Stat.
    867, related to water quality standards of the Navajo Indian
    irrigation project.

-End-

-CITE-
    43 USC SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS
           VALLEY PROJECT, COLORADO                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,
           COLORADO                                      

-HEAD-
     SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,
                                 COLORADO

-End-

-CITE-
    43 USC Secs. 615aaa to 615iii                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXI - CLOSED BASIN DIVISION; SAN LUIS VALLEY PROJECT,
           COLORADO                                      

-HEAD-
    Secs. 615aaa to 615iii. Omitted

-COD-
                               CODIFICATION                           
      Section 615aaa, Pub. L. 92-514, title I, Sec. 101, Oct. 20, 1972,
    86 Stat. 964; Pub. L. 96-375, Sec. 6(a), Oct. 3, 1975, 94 Stat.
    1507; Pub. L. 98-570, Sec. 1(1), (2), Oct. 30, 1984, 98 Stat. 2941;
    Pub. L. 100-516, Sec. 22(1), (2), Oct. 24, 1988, 102 Stat. 2575,
    authorized construction, operation, and maintenance of the Closed
    Basin division, San Luis Valley project, Colorado, established
    Russell Lakes Waterfowl Management Area, and provided a water
    supply for Blanca Wildlife Habitat Area and Alamosa National
    Wildlife Refuge.
      Section 615bbb, Pub. L. 92-514, title I, Sec. 102, Oct. 20, 1972,
    86 Stat. 964; Pub. L. 96-375, Sec. 6(b), Oct. 3, 1975, 94 Stat.
    1507; Pub. L. 100-516, Sec. 22(3), (4), Oct. 24, 1988, 102 Stat.
    2575, related to a control system to identify fluctuations in the
    water table.
      Section 615ccc, Pub. L. 92-514, title I, Sec. 103, Oct. 20, 1972,
    86 Stat. 965, established an operating committee.
      Section 615ddd, Pub. L. 92-514, title I, Sec. 104, Oct. 20, 1972,
    86 Stat. 965; Pub. L. 98-570, Sec. 1(3), Oct. 30, 1984, 98 Stat.
    2941; Pub. L. 100-516, Sec. 22(5), (6), Oct. 24, 1988, 102 Stat.
    2575, 2576, related to costs and priority of water availability.
      Section 615eee, Pub. L. 92-514, title I, Sec. 105, Oct. 20, 1972,
    86 Stat. 965; Pub. L. 98-570, Sec. 1(4), (5), Oct. 30, 1984, 98
    Stat. 2942, related to easements and rights-of-way.
      Section 615fff, Pub. L. 92-514, title I, Sec. 106, Oct. 20, 1972,
    86 Stat. 966, related to conservation and development of fish and
    wildlife resources and the enhancement of recreational
    opportunities in connection with this project.
      Section 615ggg, Pub. L. 92-514, title I, Sec. 107, Oct. 20, 1972,
    86 Stat. 966, provided for transfer of responsibility for care,
    operation and maintenance of project works to State of Colorado, or
    political subdivision thereof, or to a water users' organization.
      Section 615hhh, Pub. L. 92-514, title I, Sec. 108, Oct. 20, 1972,
    86 Stat. 966, provided that nothing in Pub. L. 92-514, enacted
    sections 615aaa to 615jjjj of this title, be deemed to amend,
    modify, or conflict with any existing provisions.
      Section 615iii, Pub. L. 92-514, title I, Sec. 109, Oct. 20, 1972,
    86 Stat. 966; Pub. L. 96-375, Sec. 6(c), Oct. 3, 1975, 94 Stat.
    1507; Pub. L. 100-516, Sec. 22(7), Oct. 24, 1988, 102 Stat. 2576,
    authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER
           BASIN, NEW MEXICO                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

-HEAD-
    SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

-End-

-CITE-
    43 USC Secs. 615jjj to 615ooo                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXII - BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO

-HEAD-
    Secs. 615jjj to 615ooo. Omitted

-COD-
                               CODIFICATION                           
      Section 615jjj, Pub. L. 92-514, title II, Sec. 201, Oct. 20,
    1972, 86 Stat. 966, authorized construction, operation, and
    maintenance of Brantley project, Pecos River Basin, New Mexico.
      Section 615kkk, Pub. L. 92-514, title II, Sec. 202, Oct. 20,
    1972, 86 Stat. 966, related to conservation and development of fish
    and wildlife resources and the enhancement of recreational
    opportunities in connection with this project.
      Section 615lll, Pub. L. 92-514, title II, Sec. 203, Oct. 20,
    1972, 86 Stat. 967, provided that nothing in Pub. L. 92-514,
    enacting sections 615aaa to 615jjjj of this title, amend, repeal,
    or modify the Pecos River Compact, 1948.
      Section 615mmm, Pub. L. 92-514, title II, Sec. 204, Oct. 20,
    1972, 86 Stat. 967, related to repayment of costs for flood
    control, dam safety, recreation, and fish and wildlife enhancement.
      Section 615nnn, Pub. L. 92-514, title II, Sec. 205, Oct. 20,
    1972, 86 Stat. 967, related to interest rates.
      Section 615ooo, Pub. L. 92-514, title II, Sec. 206, Oct. 20,
    1972, 86 Stat. 967; Pub. L. 96-375, Sec. 11, Oct. 3, 1975, 94 Stat.
    1507, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER
           SNAKE RIVER PROJECT, IDAHO                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER
           PROJECT, IDAHO                                

-HEAD-
       SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER
                              PROJECT, IDAHO

-End-

-CITE-
    43 USC Secs. 615ppp to 615www                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXIII - SALMON FALLS DIVISION, UPPER SNAKE RIVER
           PROJECT, IDAHO                                

-HEAD-
    Secs. 615ppp to 615www. Omitted

-COD-
                               CODIFICATION                           
      Section 615ppp, Pub. L. 92-514, title III, Sec. 301, Oct. 20,
    1972, 86 Stat. 967, authorized construction, operation, and
    maintenance of Salmon Falls division, Upper Snake River project,
    Idaho.
      Section 615qqq, Pub. L. 92-514, title III, Sec. 302, Oct. 20,
    1972, 86 Stat. 967, related to water exchanges.
      Section 615rrr, Pub. L. 92-514, title III, Sec. 303, Oct. 20,
    1972, 86 Stat. 968, related to irrigation repayment contracts.
      Section 615sss, Pub. L. 92-514, title III, Sec. 304, Oct. 20,
    1972, 86 Stat. 968, related to fish and wildlife benefits.
      Section 615ttt, Pub. L. 92-514, title III, Sec. 305, Oct. 20,
    1972, 86 Stat. 968, related to availability of irrigation water
    pumping power.
      Section 615uuu, Pub. L. 92-514, title III, Sec. 306, Oct. 20,
    1972, 86 Stat. 968, related to interest rates.
      Section 615vvv, Pub. L. 92-514, title III, Sec. 307, Oct. 20,
    1972, 86 Stat. 968, related to newly irrigated lands.
      Section 615www, Pub. L. 92-514, title III, Sec. 308, Oct. 20,
    1972, 86 Stat. 968, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN
           MISSOURI BASIN PROGRAM, NEBRASKA                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,
           NEBRASKA                                      

-HEAD-
    SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,
                                 NEBRASKA

-End-

-CITE-
    43 USC Secs. 615xxx to 615cccc                              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXIV - O'NEILL UNIT, PICK-SLOAN MISSOURI BASIN PROGRAM,
           NEBRASKA                                      

-HEAD-
    Secs. 615xxx to 615cccc. Omitted

-COD-
                               CODIFICATION                           
      Section 615xxx, Pub. L. 92-514, title IV, Sec. 401, Oct. 20,
    1972, 86 Stat. 968, authorized construction, operation, and
    maintenance of O'Neill unit, Pick-Sloan Missouri Basin program,
    Nebraska.
      Section 615yyy, Pub. L. 92-514, title IV, Sec. 402, Oct. 20,
    1972, 86 Stat. 969, related to conservation and development of fish
    and wildlife and enhancement of recreational opportunities in
    connection with this unit.
      Section 615zzz, Pub. L. 92-514, title IV, Sec. 403, Oct. 20,
    1972, 86 Stat. 969, related to integration of this unit with other
    Federal works.
      Section 615aaaa, Pub. L. 92-514, title IV, Sec. 404, Oct. 20,
    1972, 86 Stat. 969, related to interest rates.
      Section 615bbbb, Pub. L. 92-514, title IV, Sec. 405, Oct. 20,
    1972, 86 Stat. 969, related to newly irrigated lands.
      Section 615cccc, Pub. L. 92-514, title IV, Sec. 406, Oct. 20,
    1972, 86 Stat. 969, authorized appropriations for this unit.

-End-

-CITE-
    43 USC SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN
           MISSOURI BASIN PROGRAM, NEBRASKA                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN
           PROGRAM, NEBRASKA                             

-HEAD-
     SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN
                             PROGRAM, NEBRASKA

-End-

-CITE-
    43 USC Secs. 615dddd to 615jjjj                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXV - NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN
           PROGRAM, NEBRASKA                             

-HEAD-
    Secs. 615dddd to 615jjjj. Omitted

-COD-
                               CODIFICATION                           
      Section 615dddd, Pub. L. 92-514, title V, Sec. 501, Oct. 20,
    1972, 86 Stat. 969; Pub. L. 108-318, Sec. 1, Oct. 5, 2004, 118
    Stat. 1211, authorized North Loup division, Pick-Sloan Missouri
    Basin program, Nebraska, and described principal features of this
    division.
      Section 615eeee, Pub. L. 92-514, title V, Sec. 502, Oct. 20,
    1972, 86 Stat. 969, related to interest rates.
      Section 615ffff, Pub. L. 92-514, title V, Sec. 503, Oct. 20,
    1972, 86 Stat. 970, related to conservation and development of fish
    and wildlife and enhancement of recreational opportunities in
    connection with this division.
      Section 615gggg, Pub. L. 92-514, title V, Sec. 504, Oct. 20,
    1972, 86 Stat. 970, related to integration of this division with
    other Federal works.
      Section 615hhhh, Pub. L. 92-514, title V, Sec. 505, Oct. 20,
    1972, 86 Stat. 970, related to limitations on diversion of waters.
      Section 615iiii, Pub. L. 92-514, title V, Sec. 506, Oct. 20,
    1972, 86 Stat. 970, related to newly irrigated lands.
      Section 615jjjj, Pub. L. 92-514, title V, Sec. 507, Oct. 20,
    1972, 86 Stat. 970, authorized appropriations for this division.

-MISC1-
            VIRGINIA SMITH DAM AND CALAMUS LAKE RECREATION AREA        
      Pub. L. 101-359, Aug. 10, 1990, 104 Stat. 420, redesignated the
    Calamus Dam and Reservoir in the North Loup division of the
    Missouri River basin project as the Virginia Smith Dam and Calamus
    Lake Recreation Area, effective Jan. 3, 1991.

-End-

-CITE-
    43 USC SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE
           EXTENSIONS UNIT, PICK-SLOAN MISSOURI BASIN
           PROGRAM, WYOMING                                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,
           PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING    

-HEAD-
     SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,
                PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING

-End-

-CITE-
    43 USC Secs. 615kkkk to 615kkkk-6                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXVI - POLECAT BENCH AREA, SHOSHONE EXTENSIONS UNIT,
           PICK-SLOAN MISSOURI BASIN PROGRAM, WYOMING    

-HEAD-
    Secs. 615kkkk to 615kkkk-6. Omitted

-COD-
                               CODIFICATION                           
      Section 615kkkk, Pub. L. 94-228, title I, Sec. 101, Mar. 11,
    1976, 90 Stat. 205, authorized construction, operation, and
    maintenance of Polecat Bench area, Shoshone extensions unit, Pick-
    Sloan Missouri Basin program, Wyoming, and described principal
    features of this area.
      Section 615kkkk-1, Pub. L. 94-228, title I, Sec. 102, Mar. 11,
    1976, 90 Stat. 205, related to conservation and development of fish
    and wildlife and enhancement of recreation opportunities in
    connection with this area.
      Section 615kkkk-2, Pub. L. 94-228, title I, Sec. 103, Mar. 11,
    1976, 90 Stat. 205, related to integration of this area with other
    Federal works.
      Section 615kkkk-3, Pub. L. 94-228, title I, Sec. 104, Mar. 11,
    1976, 90 Stat. 206, related to lands held in single ownership.
      Section 615kkkk-4, Pub. L. 94-228, title I, Sec. 105, Mar. 11,
    1976, 90 Stat. 206, related to newly irrigated lands.
      Section 615kkkk-5, Pub. L. 94-228, title I, Sec. 106, Mar. 11,
    1976, 90 Stat. 206, related to interest rates.
      Section 615kkkk-6, Pub. L. 94-228, title I, Sec. 107, Mar. 11,
    1976, 90 Stat. 206, authorized appropriations for this area.

-End-

-CITE-
    43 USC SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT,
           PICK-SLOAN MISSOURI BASIN PROGRAM, SOUTH
           DAKOTA                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN
           PROGRAM, SOUTH DAKOTA                         

-HEAD-
    SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN
                           PROGRAM, SOUTH DAKOTA

-End-

-CITE-
    43 USC Secs. 615llll to 615llll-5                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN
           PROGRAM, SOUTH DAKOTA                         

-HEAD-
    Secs. 615llll to 615llll-5. Omitted

-COD-
                               CODIFICATION                           
      Section 615llll, Pub. L. 94-228, title IV, Sec. 401, Mar. 11,
    1976, 90 Stat. 208, authorized construction, operation, and
    maintenance of Pollock-Herreid Unit, Pick-Sloan Missouri Basin
    program, South Dakota, and described the principal features of this
    unit.
      Section 615llll-1, Pub. L. 94-228, title IV, Sec. 402, Mar. 11,
    1976, 90 Stat. 208, related to conservation and development of fish
    and wildlife.
      Section 615llll-2, Pub. L. 94-228, title IV, Sec. 403, Mar. 11,
    1976, 90 Stat. 208, related to integration of this unit with other
    Federal works.
      Section 615llll-3, Pub. L. 94-228, title IV, Sec. 404, Mar. 11,
    1976, 90 Stat. 208, related to newly irrigated lands.
      Section 615llll-4, Pub. L. 94-228, title IV, Sec. 405, Mar. 11,
    1976, 90 Stat. 208, related to interest rates.
      Section 615llll-5, Pub. L. 94-228, title IV, Sec. 406, Mar. 11,
    1976, 90 Stat. 208, related to lands held in single ownership.

-End-

-CITE-
    43 USC Sec. 615llll-6                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXVII - POLLOCK-HERREID UNIT, PICK-SLOAN MISSOURI BASIN
           PROGRAM, SOUTH DAKOTA                         

-HEAD-
    Sec. 615llll-6. Repealed. Pub. L. 100-516, Sec. 12(a), Oct. 24,
      1988, 102 Stat. 2572

-MISC1-
      Section, Pub. L. 94-228, title IV, Sec. 407, Mar. 11, 1976, 90
    Stat. 209, authorized appropriations for Pollock-Herreid Unit.
    Section 12(a) of Pub. L. 100-516 provided in part that: "The
    Pollock-Herreid Unit shall remain an authorized feature of the Pick-
    Sloan Missouri Basin Program."

-End-

-CITE-
    43 USC SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT,
           COLORADO                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO

-HEAD-
         SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO     

-End-

-CITE-
    43 USC Secs. 616 to 616f                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXVIII - FRYINGPAN-ARKANSAS PROJECT, COLORADO

-HEAD-
    Secs. 616 to 616f. Omitted

-COD-
                               CODIFICATION                           
      Section 616, Pub. L. 87-590, Sec. 1, Aug. 16, 1962, 76 Stat. 389,
    authorized construction, operation, and maintenance of Fryingpan-
    Arkansas project, Colorado.
      Section 616a, Pub. L. 87-590, Sec. 2, Aug. 16, 1962, 76 Stat.
    390, related to repayment of projects costs and determination of
    interest rates.
      Section 616b, Pub. L. 87-590, Sec. 3, Aug. 16, 1962, 76 Stat.
    391, related to operation of this project and protection of rights
    of western Colorado water users.
      Section 616c, Pub. L. 87-590, Sec. 4, Aug. 16, 1962, 76 Stat.
    391; Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90
    Stat. 2792, related to construction, operation, and maintenance of
    public recreation facilities on lands within this project and
    conservation and development of fish and wildlife.
      Section 616d, Pub. L. 87-590, Sec. 5, Aug. 16, 1962, 76 Stat.
    392, provided use of water through works constructed pursuant to
    sections 616 to 616f of this title be subject to Colorado River
    compact, Upper Colorado River Basin compact, Boulder Canyon Project
    Act (43 U.S.C. 617 et seq.), Boulder Canton Project Adjustment Act
    (43 U.S.C. 618 et seq.), Colorado River Storage Project Act (43
    U.S.C. 620 et seq.), and Mexican Water Treaty (Treaty Series 994)
    and for enforcement of compliance with these compacts, statutes and
    treaty.
      Section 616e, Pub. L. 87-590, Sec. 6, Aug. 16, 1962, 76 Stat.
    393, related to studies of quality of waters of Colorado River
    system and reports to Congress on results of these studies.
      Section 616f, Pub. L. 87-590, Sec. 7, Aug. 16, 1962, 76 Stat.
    393; Pub. L. 93-493, title XI, Sec. 1101, Oct. 27, 1974, 88 Stat.
    1497, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO

-HEAD-
               SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO           

-End-

-CITE-
    43 USC Secs. 616g to 616j                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XXXIX - MANN CREEK PROJECT, IDAHO

-HEAD-
    Secs. 616g to 616j. Omitted

-COD-
                               CODIFICATION                           
      Section 616g, Pub. L. 87-589, Sec. 1, Aug. 16, 1962, 76 Stat.
    388, authorized construction, operation, and maintenance of Mann
    Creek project, Idaho.
      Section 616h, Pub. L. 87-589, Sec. 2, Aug. 16, 1962, 76 Stat.
    388, related to repayment of construction costs and to costs
    allocated to irrigation.
      Section 616i, Pub. L. 87-589, Sec. 3, Aug. 16, 1962, 76 Stat.
    389, related to construction, operation, and maintenance of public
    recreational facilities and conservation and development of fish
    and wildlife in connection with this project.
      Section 616j, Pub. L. 87-589, Sec. 4, Aug. 16, 1962, 76 Stat.
    389; Pub. L. 89-60, June 30, 1965, 79 Stat. 207, authorized
    appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA

-HEAD-
                SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA            

-End-

-CITE-
    43 USC Secs. 616k to 616s                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XL - ARBUCKLE PROJECT, OKLAHOMA

-HEAD-
    Secs. 616k to 616s. Omitted

-COD-
                               CODIFICATION                           
      Section 616k, Pub. L. 87-594, Sec. 1, Aug. 24, 1962, 76 Stat.
    395, authorized construction, operation, and maintenance of
    Arbuckle project, Oklahoma.
      Section 616l, Pub. L. 87-594, Sec. 2, Aug. 24, 1962, 76 Stat.
    395, related to allocation of costs of construction, operation, and
    maintenance of this project.
      Section 616m, Pub. L. 87-594, Sec. 3, Aug. 24, 1962, 76 Stat.
    396, related to contracts with water users' organization.
      Section 616n, Pub. L. 87-594, Sec. 4, Aug. 24, 1962, 76 Stat.
    396, related to transfer of care, operation, and maintenance of
    this project to water users' organization.
      Section 616o, Pub. L. 87-594, Sec. 5, Aug. 24, 1962, 76 Stat.
    397, related to construction of this project in stages or units.
      Section 616p, Pub. L. 87-594, Sec. 6, Aug. 24, 1962, 76 Stat.
    397, related to construction, operation, and maintenance of
    recreational facilities in connection with this project.
      Section 616q, Pub. L. 87-594, Sec. 7, Aug. 24, 1962, 76 Stat.
    397, related to conservation and development of fish and wildlife
    in connection with this project.
      Section 616r, Pub. L. 87-594, Sec. 8, Aug. 24, 1962, 76 Stat.
    397, related to expenditures for the reservoir and aqueduct system.
      Section 616s, Pub. L. 87-594, Sec. 9, Aug. 24, 1962, 76 Stat.
    397, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XLI - BAKER PROJECT, OREGON               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLI - BAKER PROJECT, OREGON

-HEAD-
                  SUBCHAPTER XLI - BAKER PROJECT, OREGON              

-End-

-CITE-
    43 USC Secs. 616t to 616w                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLI - BAKER PROJECT, OREGON

-HEAD-
    Secs. 616t to 616w. Omitted

-COD-
                               CODIFICATION                           
      Section 616t, Pub. L. 87-706, Sec. 1, Sept. 27, 1962, 76 Stat.
    634, authorized construction, operation, and maintenance of Baker
    project, Oregon.
      Section 616u, Pub. L. 87-706, Sec. 2, Sept. 27, 1962, 76 Stat.
    634, related to extension of period of repayment of construction
    costs, excess lands and conditions for furnishing water to these
    lands, and computation of acreage.
      Section 616v, Pub. L. 87-706, Sec. 3, Sept. 27, 1962, 76 Stat.
    634, related to construction, operation, and maintenance of public
    recreational facilities and development of fish and wildlife in
    connection with this project and operation of this project for
    flood control.
      Section 616w, Pub. L. 87-706, Sec. 4, Sept. 27, 1962, 76 Stat.
    635, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XLII - DIXIE PROJECT, UTAH                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLII - DIXIE PROJECT, UTAH

-HEAD-
                   SUBCHAPTER XLII - DIXIE PROJECT, UTAH               

-End-

-CITE-
    43 USC Secs. 616aa to 616hh                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLII - DIXIE PROJECT, UTAH

-HEAD-
    Secs. 616aa to 616hh. Omitted

-COD-
                               CODIFICATION                           
      Section 616aa, Pub. L. 88-565, Sec. 1, Sept. 2, 1964, 78 Stat.
    848, authorized construction, operation, and maintenance of Dixie
    project, Utah, and described the principal features of this
    project.
      Section 616aa-1, Pub. L. 90-537, title III, Sec. 307, Sept. 30,
    1968, 82 Stat. 893, reauthorized this project for construction and
    provided for integration and participation of this project in Lower
    Colorado River Basin Development Fund.
      Section 616bb, Pub. L. 88-565, Sec. 2, Sept. 2, 1964, 78 Stat.
    848, related to protection of downstream water users against
    impairment of water quality from operations of this project and to
    indemnification.
      Section 616cc, Pub. L. 88-565, Sec. 3, Sept. 2, 1964, 78 Stat.
    848, related to laws governing this project.
      Section 616dd, Pub. L. 88-565, Sec. 4, Sept. 2, 1964, 78 Stat.
    848, related to establishment of a conservancy district or similar
    organization prior to construction of this project.
      Section 616ee, Pub. L. 88-565, Sec. 5, Sept. 2, 1964, 78 Stat.
    848, related to interest rate, repayment of construction costs and
    period for repayment.
      Section 616ff, Pub. L. 88-565, Sec. 6, Sept. 2, 1964, 78 Stat.
    849, related to construction, operation, and maintenance of
    recreational facilities in connection with this project.
      Section 616gg, Pub. L. 88-565, Sec. 7, Sept. 2, 1964, 78 Stat.
    849, provided that use of water diverted for this project from
    Colorado river system be subject to Colorado River compact, Boulder
    Canyon Project Act (43 U.S.C. 617 et seq.), and Mexican Water
    Treaty (Treaty Series 994).
      Section 616hh, Pub. L. 88-565, Sec. 8, Sept. 2, 1964, 78 Stat.
    849; Pub. L. 90-537, title III, Sec. 307, Sept. 30, 1968, 82 Stat.
    893, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT,
           COLORADO-WYOMING; BOSTWICK PARK AND FRUITLAND
           MESA PROJECTS, COLORADO                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT, COLORADO-WYOMING;
           BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

-HEAD-
       SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT, COLORADO-WYOMING;
            BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

-End-

-CITE-
    43 USC Secs. 616ii to 616mm                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLIII - SAVERY-POT HOOK PROJECT, COLORADO-WYOMING;
           BOSTWICK PARK AND FRUITLAND MESA PROJECTS, COLORADO

-HEAD-
    Secs. 616ii to 616mm. Omitted

-COD-
                               CODIFICATION                           
      Section 616ii, Pub. L. 88-568, Sec. 2, Sept. 2, 1964, 78 Stat.
    852, authorized construction and operation of Savery-Pot Hook
    project, Colorado-Wyoming, and Bostwick Park and Fruitland Mesa
    projects, Colorado.
      Section 616jj, Pub. L. 88-568, Sec. 3, Sept. 2, 1964, 78 Stat.
    852, provided that provisions of act Aug. 28, 1958 (72 Stat. 963),
    relating to Seedskadee project in Wyoming are applicable to these
    projects and set an acreage limitation for lands held in single
    ownership for reception of project water.
      Section 616kk, Pub. L. 88-568, Sec. 4, Sept. 2, 1964, 78 Stat.
    852, related to recreational and fish and wildlife facilities and
    transfer of lands to be administered by Secretary of Agriculture as
    a national forest.
      Section 616ll, Pub. L. 88-568, Sec. 5, Sept. 2, 1964, 78 Stat.
    853, related to restriction on delivery of water for production of
    excessive basic commodities.
      Section 616mm, Pub. L. 88-568, Sec. 1, Sept. 2, 1964, 78 Stat.
    852, authorized appropriations for these projects.

-End-

-CITE-
    43 USC SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON
           BASIN PROJECT, IDAHO                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO

-HEAD-
      SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT,
                                   IDAHO

-End-

-CITE-
    43 USC Secs. 616nn to 616rr                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLIV - LOWER TETON DIVISION OF TETON BASIN PROJECT, IDAHO

-HEAD-
    Secs. 616nn to 616rr. Omitted

-COD-
                               CODIFICATION                           
      Section 616nn, Pub. L. 88-583, Sec. 1, Sept. 7, 1964, 78 Stat.
    925, authorized construction, operation, and maintenance of Lower
    Teton Division of Teton Basin project.
      Section 616oo, Pub. L. 88-583, Sec. 2, Sept. 7, 1964, 78 Stat.
    925, related to extension of period of repayment of construction
    costs.
      Section 616pp, Pub. L. 88-583, Sec. 3, Sept. 7, 1964, 78 Stat.
    925, authorized construction, operation, and maintenance of public
    recreation facilities in connection with this project.
      Section 616qq, Pub. L. 88-583, Sec. 4, Sept. 7, 1964, 78 Stat.
    926; Pub. L. 96-470, Sec. 108(d), Oct. 19, 1980, 94 Stat. 2239,
    related to water users contracts and conditions to be met prior to
    construction of facilities.
      Section 616rr, Pub. L. 88-583, Sec. 5, Sept. 7, 1964, 78 Stat.
    926, authorized appropriations for this division.

-End-

-CITE-
    43 USC SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF
           JOSEPH DAM PROJECT, WASHINGTON                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,
           WASHINGTON                                    

-HEAD-
    SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,
                                WASHINGTON

-End-

-CITE-
    43 USC Secs. 616ss to 616vv-5                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLV - WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT,
           WASHINGTON                                    

-HEAD-
    Secs. 616ss to 616vv-5. Omitted

-COD-
                               CODIFICATION                           
      Section 616ss, Pub. L. 88-599, Sec. 1, Sept. 18, 1964, 78 Stat.
    955, authorized construction, operation, and maintenance of
    Whitestone Coulee unit of Okanogan-Similkameen division of Chief
    Joseph Dam project, Washington.
      Section 616tt, Pub. L. 88-599, Sec. 2, Sept. 18, 1964, 78 Stat.
    955, provided that section 2 of the act July 27, 1954 (68 Stat.
    568, 569) apply to this unit.
      Section 616uu, Pub. L. 88-599, Sec. 3, Sept. 18, 1964, 78 Stat.
    955, authorized construction, operation, and maintenance of
    recreational facilities in connection with this unit and allocated
    costs for conservation of fish and wildlife.
      Section 616vv, Pub. L. 88-599, Sec. 4, Sept. 18, 1964, 78 Stat.
    956, authorized appropriations for this unit.
      Section 616vv-1, Pub. L. 89-557, Sec. 1, Sept. 7, 1966, 80 Stat.
    704, authorized construction, operation, and maintenance of Manson
    unit, Chelan division, Chief Joseph Dam project, Washington.
      Section 616vv-2, Pub. L. 89-557, Sec. 2, Sept. 7, 1966, 80 Stat.
    704, related to irrigation repayment contracts and period for
    repayment and charges for power and energy for irrigation water
    pumping.
      Section 616vv-3, Pub. L. 89-557, Sec. 3, Sept. 7, 1966, 80 Stat.
    704, related to conservation and development of fish and wildlife
    and enhancement of recreational facilities in connection with this
    unit.
      Section 616vv-4, Pub. L. 89-557, Sec. 4, Sept. 7, 1966, 80 Stat.
    704, related to restriction on delivery of water for production of
    excessive basic commodities.
      Section 616vv-5, Pub. L. 89-557, Sec. 5, Sept. 7, 1966, 80 Stat.
    705, authorized appropriations for this unit.

-End-

-CITE-
    43 USC SUBCHAPTER XLVI - McKAY DAM AND RESERVOIR,
           UMATILLA PROJECT, OREGON                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLVI - McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

-HEAD-
    SUBCHAPTER XLVI - MCKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

-End-

-CITE-
    43 USC Secs. 616ww to 616ww-5                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLVI - McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON

-HEAD-
    Secs. 616ww to 616ww-5. Omitted

-COD-
                               CODIFICATION                           
      Section 616ww, Pub. L. 94-228, title III, Sec. 301, Mar. 11,
    1976, 90 Stat. 207, authorized construction of McKay Dam and
    Reservoir, Umatilla project, Oregon, and provided for allocation of
    costs.
      Section 616ww-1, Pub. L. 94-228, title III, Sec. 302, Mar. 11,
    1976, 90 Stat. 207, authorized modifications to spillway structure
    of McKay Dam.
      Section 616ww-2, Pub. L. 94-228, title III, Sec. 303, Mar. 11,
    1976, 90 Stat. 207, related to maximum storage capacity allocated
    for primary purpose of retaining and regulating flood control.
      Section 616ww-3, Pub. L. 94-228, title III, Sec. 304, Mar. 11,
    1976, 90 Stat. 207, related to allocation of costs for modification
    of McKay Dam and to allocation of all other costs.
      Section 616ww-4, Pub. L. 94-228, title III, Sec. 305, Mar. 11,
    1976, 90 Stat. 207, related to repayment contracts and reimbursable
    costs.
      Section 616ww-5, Pub. L. 94-228, title III, Sec. 306, Mar. 11,
    1976, 90 Stat. 207, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN
           FELIPE DIVISION: CENTRAL VALLEY PROJECT,
           CALIFORNIA                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:
           CENTRAL VALLEY PROJECT, CALIFORNIA            

-HEAD-
     SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:
                    CENTRAL VALLEY PROJECT, CALIFORNIA

-End-

-CITE-
    43 USC Secs. 616aaa to 616fff-7                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLVII - AUBURN-FOLSOM SOUTH UNIT; SAN FELIPE DIVISION:
           CENTRAL VALLEY PROJECT, CALIFORNIA            

-HEAD-
    Secs. 616aaa to 616fff-7. Omitted

-COD-
                               CODIFICATION                           
      Section 616aaa, Pub. L. 89-161, Sec. 1, Sept. 2, 1965, 79 Stat.
    615, authorized construction, operation, and maintenance of the
    Auburn-Folsom South unit, American River division, Central Valley
    project, California, and described principal features of this unit.
      Section 616bbb, Pub. L. 89-161, Sec. 2, Sept. 2, 1965, 79 Stat.
    616, provided for financial and operational integration and
    coordination of this unit with Central Valley project.
      Section 616ccc, Pub. L. 89-161, Sec. 3, Sept. 2, 1965, 79 Stat.
    616, related to construction, operation, and maintenance of public
    recreational facilities and enhancement of fish and wildlife in
    connection with this unit.
      Section 616ddd, Pub. L. 89-161, Sec. 4, Sept. 2, 1965, 79 Stat.
    618, provided that in locating and designating works and facilities
    of this unit consideration be given to State of California water
    plan reports and that local interests be consulted.
      Section 616eee, Pub. L. 89-161, Sec. 5, Sept. 2, 1965, 79 Stat.
    618, related to allocation of water.
      Section 616fff, Pub. L. 89-161, Sec. 6, Sept. 2, 1965, 79 Stat.
    618, authorized appropriations for this unit.
      Section 616fff-1, Pub. L. 90-72, Sec. 1, Aug. 27, 1967, 81 Stat.
    173, authorized construction, operation, and maintenance of San
    Felipe division, Central Valley project, California.
      Section 616fff-2, Pub. L. 90-72, Sec. 2, Aug. 27, 1967, 81 Stat.
    174, related to conservation and development of fish and wildlife
    and enhancement of recreational facilities in connection with this
    division.
      Section 616fff-3, Pub. L. 90-72, Sec. 3, Aug. 27, 1967, 81 Stat.
    174, related to contracts for delivery of water through State
    facilities.
      Section 616fff-4, Pub. L. 90-72, Sec. 4, Aug. 27, 1967, 81 Stat.
    174, provided that in locating and designing works and facilities
    of this division consideration be given to State of California
    water plan reports and that local interests be consulted.
      Section 616fff-5, Pub. L. 90-72, Sec. 5, Aug. 27, 1967, 81 Stat.
    174, related to nonapplicability of other laws to this division.
      Section 616fff-6, Pub. L. 90-72, Sec. 6, Aug. 27, 1967, 81 Stat.
    174, related to restriction on delivery of water for production of
    excessive basic commodities.
      Section 616fff-7, Pub. L. 90-72, Sec. 7, Aug. 27, 1967, 81 Stat.
    174, authorized appropriations for this division.

-End-

-CITE-
    43 USC SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT,
           NEVADA                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA

-HEAD-
            SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA        

-End-

-CITE-
    43 USC Secs. 616ggg to 616mmm                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLVIII - SOUTHERN NEVADA PROJECT, NEVADA

-HEAD-
    Secs. 616ggg to 616mmm. Omitted

-COD-
                               CODIFICATION                           
      Section 616ggg, Pub. L. 89-292, Sec. 1, Oct. 22, 1965, 79 Stat.
    1068, authorized construction, operation, and maintenance of the
    Southern Nevada project, Nevada.
      Section 616hhh, Pub. L. 89-292, Sec. 2, Oct. 22, 1965, 79 Stat.
    1068, related to allocation of project costs and to repayment of
    these allocated project costs.
      Section 616iii, Pub. L. 89-292, Sec. 3, Oct. 22, 1965, 79 Stat.
    1068, related to commencement of construction of this project,
    transfer of the care, operation and maintenance of this project to
    a State agency and to the permanent use of project facilities by
    Nevada.
      Section 616jjj, Pub. L. 89-292, Sec. 4, Oct. 22, 1965, 79 Stat.
    1069, related to construction costs allocated to defense
    installations.
      Section 616kkk, Pub. L. 89-292, Sec. 5, Oct. 22, 1965, 79 Stat.
    1069, related to control of diverted waters.
      Section 616lll, Pub. L. 89-292, Sec. 6, Oct. 22, 1965, 79 Stat.
    1069; Pub. L. 89-510, July 19, 1966, 80 Stat. 312, related to
    contract provisions for subordination of rights of contracting
    parties to those of Basic Management, Inc. or its assignees.
      Section 616mmm, Pub. L. 89-292, Sec. 7, Oct. 22, 1965, 79 Stat.
    1069, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON

-HEAD-
                SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON            

-End-

-CITE-
    43 USC Secs. 616nnn to 616sss                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER XLIX - TUALATIN PROJECT, OREGON

-HEAD-
    Secs. 616nnn to 616sss. Omitted

-COD-
                               CODIFICATION                           
      Section 616nnn, Pub. L. 89-596, Sec. 1, Sept. 20, 1966, 80 Stat.
    822, authorized construction, operation, and maintenance of
    Tualatin project, Oregon.
      Section 616ooo, Pub. L. 89-596, Sec. 2, Sept. 20, 1966, 80 Stat.
    822, related to irrigation repayment contracts, period of
    repayment, and charges for power and energy.
      Section 616ppp, Pub. L. 89-596, Sec. 3, Sept. 20, 1966, 80 Stat.
    822, related to conservation and development of fish and wildlife
    and enhancement of recreational facilities in connection with this
    project.
      Section 616qqq, Pub. L. 89-596, Sec. 4, Sept. 20, 1966, 80 Stat.
    822, related to repayment of project costs.
      Section 616rrr, Pub. L. 89-596, Sec. 5, Sept. 20, 1966, 80 Stat.
    823, related to restriction on delivery of water for production of
    excessive basic commodities.
      Section 616sss, Pub. L. 89-596, Sec. 6, Sept. 20, 1966, 80 Stat.
    823, authorized appropriations for this project.

-End-

-CITE-
    43 USC SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH
           DAKOTA                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA

-HEAD-
         SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA     

-End-

-CITE-
    43 USC Secs. 616ttt to 616yyy                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER L - MISSOURI RIVER BASIN PROJECT, SOUTH DAKOTA

-HEAD-
    Secs. 616ttt to 616yyy. Omitted

-COD-
                               CODIFICATION                           
      Section 616ttt, Pub. L. 90-453, Sec. 1, Aug. 3, 1968, 82 Stat.
    624, authorized construction, operation, and maintenance of Oahe
    unit, James division, Missouri River Basin project, South Dakota.
      Section 616uuu, Pub. L. 90-453, Sec. 2, Aug. 3, 1968, 82 Stat.
    624, related to conservation and development of fish and wildlife
    and enhancement of recreational facilities in connection with this
    unit.
      Section 616vvv, Pub. L. 90-453, Sec. 3, Aug. 3, 1968, 82 Stat.
    625, provided for physical and financial integration of this unit
    with other Federal works.
      Section 616www, Pub. L. 90-453, Sec. 4, Aug. 3, 1968, 82 Stat.
    625, related to restriction on delivery of water for production of
    excessive basic commodities.
      Section 616xxx, Pub. L. 90-453, Sec. 5, Aug. 3, 1968, 82 Stat.
    625, related to interest rate.
      Section 616yyy, Pub. L. 90-453, Sec. 6, Aug. 3, 1968, 82 Stat.
    625, authorized appropriations for this unit.

-End-

-CITE-
    43 USC SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA

-HEAD-
              SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA          

-CHANGE-
                              CHANGE OF NAME                          
      Pub. L. 94-77, Aug. 9, 1975, 89 Stat. 410, provided: "That the
    Mountain Park Reservoir, Oklahoma, authorized to be constructed by
    the Act of September 21, 1968 (82 Stat. 853) [sections 616aaaa to
    616ffff of this title], shall be known and designated hereafter as
    the Tom Steed Reservoir. Any law, regulation, map, document,
    record, or other paper of the United States in which such reservoir
    is referred shall be held to refer to such reservoir as the Tom
    Steed Reservoir."

-End-

-CITE-
    43 USC Secs. 616aaaa to 616ffff-2                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LI - MOUNTAIN PARK PROJECT, OKLAHOMA

-HEAD-
    Secs. 616aaaa to 616ffff-2. Omitted

-COD-
                               CODIFICATION                           
      Section 616aaaa, Pub. L. 90-503, Sec. 1, Sept. 21, 1968, 82 Stat.
    853; Pub. L. 93-493, title III, Sec. 301, Oct. 27, 1974, 88 Stat.
    1492; Pub. L. 103-434, title IV, Sec. 402(a), Oct. 31, 1994, 108
    Stat. 4536, authorized construction, operation, and maintenance of
    the Mountain Park project, Oklahoma.
      Section 616bbbb, Pub. L. 90-503, Sec. 2, Sept. 21, 1968, 82 Stat.
    853, related to repayment of costs and the interest rate.
      Section 616cccc, Pub. L. 90-503, Sec. 3, Sept. 21, 1968, 82 Stat.
    854, related to transfer of the care, maintenance, and operation of
    project works to water users' organization.
      Section 616dddd, Pub. L. 90-503, Sec. 4, Sept. 21, 1968, 82 Stat.
    854, related to soil survey and land classification.
      Section 616eeee, Pub. L. 90-503, Sec. 5, Sept. 21, 1968, 82 Stat.
    854, related to conservation and development of fish and wildlife
    and enhancement of recreational opportunities in connection with
    this project.
      Section 616ffff, Pub. L. 90-503, Sec. 6, Sept. 21, 1968, 82 Stat.
    854, authorized appropriations for this project.
      Section 616ffff-1, Pub. L. 93-493, title III, Sec. 302, Oct. 27,
    1974, 88 Stat. 1492, authorized additional appropriations for this
    project.
      Section 616ffff-2, Pub. L. 90-503, Sec. 7, as added Pub. L. 103-
    434, title IV, Sec. 402(b), Oct. 31, 1994, 108 Stat. 4536,
    authorized reallocation of project costs.

-End-

-CITE-
    43 USC SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS

-HEAD-
               SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS           

-End-

-CITE-
    43 USC Secs. 616gggg to 616llll                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LII - PALMETTO BEND PROJECT, TEXAS

-HEAD-
    Secs. 616gggg to 616llll. Omitted

-COD-
                               CODIFICATION                           
      Section 616gggg, Pub. L. 90-562, Sec. 1, Oct. 12, 1968, 82 Stat.
    999, authorized construction, operation, and maintenance of
    Palmetto Bend project, Texas.
      Section 616hhhh, Pub. L. 90-562, Sec. 2, Oct. 12, 1968, 82 Stat.
    999, related to repayment of costs of this project.
      Section 616iiii, Pub. L. 90-562, Sec. 3, Oct. 12, 1968, 82 Stat.
    999, related to transfer of the care, operation, and maintenance of
    this project to a qualified contractor or contracting entities and
    to permanent usage rights.
      Section 616jjjj, Pub. L. 90-562, Sec. 4, Oct. 12, 1968, 82 Stat.
    1000, related to conservation and development of fish and wildlife
    and to enhancement of recreational opportunities in connection with
    this project.
      Section 616kkkk, Pub. L. 90-562, Sec. 5, Oct. 12, 1968, 82 Stat.
    1000, authorized appropriations for construction, operation, and
    maintenance of the first stage of this project.
      Section 616llll, Pub. L. 90-562, Sec. 6, Oct. 12, 1968, 82 Stat.
    1000, authorized appropriations for acquisition of land for the
    second stage of this project.

-End-

-CITE-
    43 USC SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER
           BASIN PROJECT, OREGON                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON

-HEAD-
       SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT,
                                  OREGON

-End-

-CITE-
    43 USC Secs. 616mmmm to 616ssss                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LIII - MERLIN DIVISION; ROGUE RIVER BASIN PROJECT, OREGON

-HEAD-
    Secs. 616mmmm to 616ssss. Omitted

-COD-
                               CODIFICATION                           
      Section 616mmmm, Pub. L. 91-270, Sec. 1, May 28, 1970, 84 Stat.
    273, authorized construction, operation, and maintenance of Merlin
    Division, Rogue River Basin project, Oregon.
      Section 616nnnn, Pub. L. 91-270, Sec. 2, May 28, 1970, 84 Stat.
    273, related to irrigation repayment contracts and assessment and
    collection of service charges.
      Section 616oooo, Pub. L. 91-270, Sec. 3, May 28, 1970, 84 Stat.
    273, related to conservation and development of fish and wildlife
    and to enhancement of recreational opportunities in connection with
    this division.
      Section 616pppp, Pub. L. 91-270, Sec. 4, May 28, 1970, 84 Stat.
    273, related to transfer of care, operation, and maintenance of
    this division to water user's organization.
      Section 616qqqq, Pub. L. 91-270, Sec. 5, May 28, 1970, 84 Stat.
    273, authorized power for irrigation water pumping.
      Section 616rrrr, Pub. L. 91-270, Sec. 6, May 28, 1970, 84 Stat.
    273, related to restriction on delivery of water for production of
    excessive basic commodities.
      Section 616ssss, Pub. L. 91-270, Sec. 7, May 28, 1970, 84 Stat.
    274, authorized appropriations for this division.

-End-

-CITE-
    43 USC SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA
           PROJECT, OREGON-WASHINGTON                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,
           OREGON-WASHINGTON                             

-HEAD-
          SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,
                             OREGON-WASHINGTON

-End-

-CITE-
    43 USC Secs. 616tttt to 616yyyy                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12 - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL
                  GOVERNMENT                      
    SUBCHAPTER LIV - TOUCHET DIVISION; WALLA WALLA PROJECT,
           OREGON-WASHINGTON                             

-HEAD-
    Secs. 616tttt to 616yyyy. Omitted

-COD-
                               CODIFICATION                           
      Section 616tttt, Pub. L. 91-307, Sec. 1, July 7, 1970, 84 Stat.
    409, authorized construction, operation, and maintenance of Touchet
    Division, Walla Walla project, Oregon-Washington.
      Section 616uuuu, Pub. L. 91-307, Sec. 2, July 7, 1970, 84 Stat.
    409, related to irrigation payment contracts and repayment of
    construction costs.
      Section 616vvvv, Pub. L. 91-307, Sec. 3, July 7, 1970, 84 Stat.
    409, related to conservation and development of fish and wildlife
    and enhancement of recreational opportunities in connection with
    this division.
      Section 616wwww, Pub. L. 91-307, Sec. 4, July 7, 1970, 84 Stat.
    409, related to interest rate.
      Section 616xxxx, Pub. L. 91-307, Sec. 5, July 7, 1970, 84 Stat.
    410, related to restriction on delivery of water for production of
    excessive basic commodities.
      Section 616yyyy, Pub. L. 91-307, Sec. 6, July 7, 1970, 84 Stat.
    410; Pub. L. 94-175, Dec. 23, 1975, 89 Stat. 1030, authorized
    appropriations for this division.

-End-

-CITE-
    43 USC CHAPTER 12A - BOULDER CANYON PROJECT                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT

-HEAD-
                   CHAPTER 12A - BOULDER CANYON PROJECT               

-MISC1-
                 SUBCHAPTER I - BOULDER CANYON PROJECT ACT             
    Sec.                                                     
    617.        Colorado River Basin; protection and development; dam,
                 reservoir, and incidental works; water, water power,
                 and electrical energy; eminent domain.               
    617a.       "Colorado River Dam Fund".                            
                  (a)  Creation of fund; purpose; receipts and
                        expenditures under control of Secretary of the
                        Interior.                                     
                  (b)  Advancements to fund by Secretary of the
                        Treasury; allocation; repayment; interest.    
                  (c)  Limitation on use made of advancements.        
                  (d)  Unpaid interest on advancements; charge on
                        fund; rate of interest.                       
                  (e)  Money in fund in excess of amount needed;
                        certification of fact; disposition.           
    617b.       Authorization of appropriations.                      
    617c.       Condition precedent to taking effect of provisions.   
                  (a)  Ratification by interested States of Colorado
                        River compact; agreements for apportionment of
                        waters.                                       
                  (b)  Agreements for revenues to meet expenses of
                        construction, operation, and maintenance of
                        works.                                        
    617d.       Contracts for storage and use of waters for irrigation
                 and domestic purposes; generation and sale of
                 electrical energy.                                   
                  (a)  Duration of contracts for electrical energy;
                        price of water and electrical energy to yield
                        reasonable returns; readjustments of prices.  
                  (b)  Renewal of contracts for electrical energy.    
                  (c)  Applicants for purchase of water and electrical
                        energy; preferences.                          
                  (d)  Transmission lines for electrical energy; use;
                        rights of way over public and reserved lands. 
    617e.       Uses to be made of dam and reservoir; title in whom;
                 leases, regulations; limitation on authority.        
    617f.       Canals and appurtenant structures; transfer of title;
                 power development.                                   
    617g.       Colorado River compact as controlling authority in
                 construction and maintenance of dam, reservoir,
                 canals, and other works.                             
    617h.       Lands capable of irrigation and reclamation by
                 irrigation works; public entry; preferences.         
    617i.       Modification of existing compact relating to Laguna
                 Dam.                                                 
    617j.       Omitted.                                              
    617k.       Definitions.                                          
    617l.       Colorado River compact approval.                      
                  (a)  Approval by Congress.                          
                  (b)  Rights in waters of Colorado River and
                        tributaries; Colorado River compact as
                        controlling.                                  
                  (c)  Patents, grants, contracts, concessions, etc.;
                        Colorado River compact as controlling.        
                  (d)  Conditions and covenants referred to herein;
                        nature; how and by whom availed of in
                        litigation.                                   
    617m.       Reclamation law applicable.                           
    617n.       Projects for irrigation, generation of electric power,
                 and other purposes; investigations and reports.      
    617o.       Officials of ratifying States; authority to act in
                 advisory capacity; access to records.                
    617p.       Claims of United States; priority.                    
    617q.       Effect on authority of States to control waters within
                 own borders.                                         
    617r.       Consent given States to negotiate supplemental
                 compacts for development of Colorado River.          
    617s.       Recognition of rights of Mexico to Colorado River
                 waters.                                              
    617t.       Short title.                                          
    617u.       Lease of reserved lands in Boulder City, Nevada;
                 disposition of revenues.                             
    617v.       Repealed.                                             

           SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT       
    618.        Promulgation of charges for electrical energy.        
    618a.       Receipts from project; disposition.                   
                  (a)  Defraying operating costs.                     
                  (b)  Repayment of cost of construction.             
                  (c)  Commutation payments to Arizona and Nevada.    
                  (d)  Transfer of sums to Colorado River Development
                        Fund; expenditure of fund.                    
                  (e)  Transfer to Lower Colorado River Basin
                        Development Fund.                             
    618a-1.     Availability of Colorado River Development Fund for
                 investigation and construction purposes.             
    618b.       Reduction of payments and transfers where revenue is
                 insufficient.                                        
    618c.       Charges as retroactive; adjustment of accounts.       
    618d.       Readvances from Treasury where Dam Fund is
                 insufficient to meet cost of replacements.           
    618e.       Interest payments; rate.                              
    618f.       Repayment of advances for flood control.              
    618g.       Regulations; contracts; modification of allotments of
                 energy.                                              
    618h.       Termination of existing lease of Hoover Power Plant;
                 lessees as agents of United States; termination of
                 agency.                                              
    618i.       Effective date.                                       
    618j.       Effect of refusal to modify existing contracts.       
    618k.       Definitions.                                          
    618l.       Repealed.                                             
    618m.       Effect on existing laws and States' rights.           
    618n.       Wages of employees.                                   
    618o.       Short title.                                          
    618p.       Omitted.                                              

           SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES       
    619.        Increase in capacity of existing generating equipment
                 at Hoover Powerplant; construction of Colorado River
                 bridge crossing.                                     
                  (a)  Hoover Powerplant generating equipment;
                        increase in capacity; improvement of
                        appurtenances; authorization of Secretary.    
                  (b)  Construction of Colorado River bridge crossing;
                        authorization of Secretary.                   
    619a.       Renewal contracts for power.                          
                  (a)  Offering of contracts by Secretary; total power
                        obligation; conforming of regulations;
                        contract expiration and restrictions.         
                  (b)  Prejudice of rights of contract holders under
                        Boulder Canyon Project Act.                   
                  (c)  Execution of contract with parties to certain
                        litigation; offer of contract to other
                        entities.                                     
                  (d)  Funding of uprating program.                   
                  (e)  Deposit of uprating program funds in Colorado
                        River Dam Fund.                               
                  (f)  Amounts advanced by non-Federal purchasers;
                        financial integration as capital costs.       
                  (g)  Congressional exercise of reserved right.      
                  (h)  Court challenges; disputes and disagreements.  
                  (i)  Congressional declaration of purpose.          
    619b.       Reimbursement of funds advanced by non-Federal
                 purchasers; uprating program; repayment requirement;
                 visitor facilities program.                          

         CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS CHAPTER     
      Act May 28, 1954, ch. 241, 68 Stat. 143, provided that:
      "For the purposes of effecting economies and increased efficiency
    in the construction, operation, and maintenance thereof and of
    accounting for the return of reimbursable costs, the Secretary of
    the Interior is authorized and directed to consolidate and
    administer as a single project to be known as the Parker-Davis
    project, Arizona-California-Nevada, the projects known as the
    Parker Dam power project, Arizona-California, and the Davis Dam
    project, Arizona-Nevada: Provided, That nothing in this Act shall
    be construed to alter or affect in any way the Boulder Canyon
    Project Act (45 Stat. 1057) [subchapter I of this chapter], the
    Boulder Canyon Project Adjustment Act (54 Stat. 774) [subchapter II
    of this chapter], or the treaty between the United States of
    America and the United Mexican States, signed at Washington on
    February 3, 1944, relating to the utilization of the waters of the
    Colorado and Tijuana Rivers and of the Rio Grande from Fort
    Quitman, Texas, to the Gulf of Mexico: Provided further, That
    nothing in this Act shall be construed to alter or affect in any
    way any right or obligation of the United States or any other party
    under contracts heretofore entered into by the United States.
      "Sec. 2. Funds heretofore appropriated for the Parker Dam power
    project, Arizona-California, and the Davis Dam project, Arizona-
    Nevada, shall be consolidated and shall be and remain available
    for the purposes for which they were appropriated."

-End-

-CITE-
    43 USC SUBCHAPTER I - BOULDER CANYON PROJECT ACT            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
                 SUBCHAPTER I - BOULDER CANYON PROJECT ACT             

-MISC1-
       CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER   
      Consolidation of Parker and Davis Dam projects as not affecting
    this subchapter, see note preceding this subchapter.

-End-

-CITE-
    43 USC Sec. 617                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617. Colorado River Basin; protection and development; dam,
      reservoir, and incidental works; water, water power, and
      electrical energy; eminent domain

-STATUTE-
      For the purpose of controlling the floods, improving navigation,
    and regulating the flow of the Colorado River, providing for
    storage and for the delivery of the stored waters thereof for
    reclamation of public lands and other beneficial uses exclusively
    within the United States, and for the generation of electrical
    energy as a means of making the project herein authorized a self-
    supporting and financially solvent undertaking, the Secretary of
    the Interior subject to the terms of the Colorado River compact
    hereinafter mentioned in this chapter, is authorized to construct,
    operate, and maintain a dam and incidental works in the main stream
    of the Colorado River at Black Canyon or Boulder Canyon adequate to
    create a storage reservoir of a capacity of not less than twenty
    million acre-feet of water and a main canal and appurtenant
    structures located entirely within the United States connecting the
    Laguna Dam, or other suitable diversion dam, which the Secretary of
    the Interior is authorized to construct if deemed necessary or
    advisable by him upon engineering or economic considerations, with
    the Imperial and Coachella Valleys in California, the expenditures
    for said main canal and appurtenant structures to be reimbursable,
    as provided in the reclamation law, and shall not be paid out of
    revenues derived from the sale or disposal of water power or
    electric energy at the dam authorized to be constructed at said
    Black Canyon or Boulder Canyon, or for water for potable purposes
    outside of the Imperial and Coachella Valleys: Provided, however,
    That no charge shall be made for water for the use, storage, or
    delivery of water for irrigation or water for potable purposes in
    the Imperial or Coachella Valleys; also to construct and equip,
    operate, and maintain at or near said dam, or cause to be
    constructed, a complete plant and incidental structures suitable
    for the fullest economic development of electrical energy from the
    water discharged from said reservoir; and to acquire by proceedings
    in eminent domain, or otherwise, all lands, rights-of-way, and
    other property necessary for said purposes.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 1, 45 Stat. 1057.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, is defined in section
    617k of this title.

-CHANGE-
                              CHANGE OF NAME                          
      Act Apr. 30, 1947, ch. 46, 61 Stat. 56, restored the name Hoover
    Dam to the dam on the Colorado River in Black Canyon known
    previously as Boulder Dam, and provided that any law, regulation,
    document, or record in which that dam is designated or referred to
    as Boulder Dam shall be held to refer to that dam under and by the
    name of Hoover Dam.

-MISC1-
                       CONSTRUCTION WITH OTHER LAWS                   
      Pub. L. 98-381, title I, Sec. 103(b), Aug. 17, 1984, 98 Stat.
    1334, provided that: "Except as amended by this Act [amending
    sections 617a and 617b of this title], the Boulder Canyon Project
    Act of 1928 (45 Stat. 1057, as amended, 43 U.S.C. 617 et seq.), as
    amended and supplemented [this subchapter], shall remain in full
    force and effect."
      Act Aug. 4, 1939, ch. 418, Sec. 18, provided that nothing in that
    act should be construed to amend the Boulder Canyon Project Act
    (this subchapter). See note set out under section 485j of this
    title.
      Gila project, Arizona, as not amending this subchapter, see
    section 8 of Act July 30, 1947, ch. 382, 61 Stat. 628, set out as a
    note under section 613 of this title.

-End-

-CITE-
    43 USC Sec. 617a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617a. "Colorado River Dam Fund"

-STATUTE-
    (a) Creation of fund; purpose; receipts and expenditures under
      control of Secretary of the Interior
      There is established a special fund, to be known as the "Colorado
    River Dam fund" (hereinafter referred to as the "fund"), and to be
    available, as hereafter provided for, only for carrying out the
    provisions of this subchapter. All revenues received in carrying
    out the provisions of this subchapter shall be paid into and
    expenditures shall be made out of the fund, under the direction of
    the Secretary of the Interior.
    (b) Advancements to fund by Secretary of the Treasury; allocation;
      repayment; interest
      The Secretary of the Treasury is authorized to advance to the
    fund, from time to time and within the appropriations therefor,
    such amounts as the Secretary of the Interior deems necessary for
    carrying out the provisions of this subchapter..(!1) Of this amount
    the sum of $25,000,000 shall be allocated to flood control and
    shall be repaid to the United States out of 62 1/2  per centum of
    revenues, if any, in excess of the amount necessary to meet
    periodical payments during the period of amortization, as provided
    in section 617c of this title. If said sum of $25,000,000 is not
    repaid in full during the period of amortization, then 62 1/2  per
    centum of all net revenues shall be applied to payment of the
    remainder. Interest at the rate of 4 per centum per annum accruing
    during the year upon the amounts so advanced and remaining unpaid
    shall be paid annually out of the fund, except as herein otherwise
    provided.

    (c) Limitation on use made of advancements
      Moneys in the fund advanced under subsection (b) of this section
    shall be available only for expenditures for construction and the
    payment of interest, during construction, upon the amounts so
    advanced. No expenditures out of the fund shall be made for
    operation and maintenance except from appropriations therefor.
    (d) Unpaid interest on advancements; charge on fund; rate of
      interest
      The Secretary of the Treasury shall charge the fund as of June 30
    in each year with such amount as may be necessary for the payment
    of interest on advances made under subsection (b) of this section
    at the rate of 4 per centum per annum accrued during the year upon
    the amounts so advanced and remaining unpaid, except that if the
    fund is insufficient to meet the payment of interest the Secretary
    of the Treasury may, in his discretion, defer any part of such
    payment, and the amount so deferred shall bear interest at the rate
    of 4 per centum per annum until paid.
    (e) Money in fund in excess of amount needed; certification of
      fact; disposition
      The Secretary of the Interior shall certify to the Secretary of
    the Treasury, at the close of each fiscal year, the amount of money
    in the fund in excess of the amount necessary for construction,
    operation, and maintenance, and payment of interest. Upon receipt
    of each such certificate the Secretary of the Treasury is
    authorized and directed to charge the fund with the amount so
    certified as repayment of the advances made under subsection (b) of
    this section, which amount shall be covered into the Treasury to
    the credit of miscellaneous receipts.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 2, 45 Stat. 1057; Pub. L. 98-381,
    title I, Sec. 103(a)(1), Aug. 17, 1984, 98 Stat. 1334.)

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-381 substituted a period for ",
    except that the aggregate amount of such advances shall not exceed
    the sum of $165,000,000" at end of first sentence.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 617b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617b. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated from time to time, out of
    any money in the Treasury not otherwise appropriated, such sums of
    money as may be necessary to carry out the purposes of this
    subchapter, not exceeding in the aggregate $242,000,000, of which
    $77,000,000 (October 1983 price levels) shall be adjusted plus or
    minus such amounts as may be justified by reason of ordinary
    fluctuations of construction costs as indicated by engineering cost
    indices applicable to the type of construction involved herein.
    Said $77,000,000 represents the additional amount required for the
    uprating program and the visitor facilities program.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 3, 45 Stat. 1058; Pub. L. 98-381,
    title I, Sec. 103(a)(2), Aug. 17, 1984, 98 Stat. 1334.)

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-381 substituted "$242,000,000, of which
    $77,000,000 (October 1983 price levels) shall be adjusted plus or
    minus such amounts as may be justified by reason of ordinary
    fluctuations of construction costs as indicated by engineering cost
    indices applicable to the type of construction involved herein.
    Said $77,000,000 represents the additional amount required for the
    uprating program and the visitor facilities program" for
    "$165,000,000".

-End-

-CITE-
    43 USC Sec. 617c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617c. Condition precedent to taking effect of provisions

-STATUTE-
    (a) Ratification by interested States of Colorado River compact;
      agreements for apportionment of waters
      This subchapter shall not take effect and no authority shall be
    exercised under this subchapter and no work shall be begun and no
    moneys expended on or in connection with the works or structures
    provided for in this subchapter, and no water rights shall be
    claimed or initiated thereunder, and no steps shall be taken by the
    United States or by others to initiate or perfect any claims to the
    use of water pertinent to such works or structures unless and until
    (1) the States of Arizona, California, Colorado, Nevada, New
    Mexico, Utah, and Wyoming shall have ratified the Colorado River
    compact, mentioned in section 617l of this title, and the President
    by public proclamation shall have so declared, or (2) if said
    States fail to ratify the said compact within six months from
    December 21, 1928, then, until six of said States, including the
    State of California, shall ratify said compact and shall consent to
    waive the provisions of the first paragraph of Article XI of said
    compact, which makes the same binding and obligatory only when
    approved by each of the seven States signatory thereto, and shall
    have approved said compact without conditions, save that of such
    six-State approval, and the President by public proclamation shall
    have so declared, and, further, until the State of California, by
    act of its legislature, shall agree irrevocably and unconditionally
    with the United States and for the benefit of the States of
    Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an
    express covenant and in consideration of the passage of this
    subchapter, that the aggregate annual consumptive use (diversions
    less returns to the river) of water of and from the Colorado River
    for use in the State of California, including all uses under
    contracts made under the provisions of this subchapter and all
    water necessary for the supply of any rights which existed on
    December 21, 1928, shall not exceed four million four hundred
    thousand acre-feet of the waters apportioned to the lower basin
    States by paragraph (a) of Article III of the Colorado River
    compact, plus not more than one-half of any excess or surplus
    waters unapportioned by said compact, such uses always to be
    subject to the terms of said compact.
      The States of Arizona, California, and Nevada are authorized to
    enter into an agreement which shall provide (1) that of the
    7,500,000 acre-feet annually apportioned to the lower basin by
    paragraph (a) of Article III of the Colorado River compact, there
    shall be apportioned to the State of Nevada 300,000 acre-feet and
    to the State of Arizona 2,800,000 acre-feet for exclusive
    beneficial consumptive use in perpetuity, and (2) that the State of
    Arizona may annually use one-half of the excess or surplus waters
    unapportioned by the Colorado River compact, and (3) that the State
    of Arizona shall have the exclusive beneficial consumptive use of
    the Gila River and its tributaries within the boundaries of said
    State, and (4) that the waters of the Gila River and its
    tributaries, except return flow after the same enters the Colorado
    River, shall never be subject to any diminution whatever by any
    allowance of water which may be made by treaty or otherwise to the
    United States of Mexico but if, as provided in paragraph (c) of
    Article III of the Colorado River compact, it shall become
    necessary to supply water to the United States of Mexico from
    waters over and above the quantities which are surplus as defined
    by said compact, then the State of California shall and will
    mutually agree with the State of Arizona to supply out of the main
    stream of the Colorado River, one-half of any deficiency which must
    be supplied to Mexico by the lower basin, and (5) that the State of
    California shall and will further mutually agree with the States of
    Arizona and Nevada that none of said three States shall withhold
    water and none shall require the delivery of water, which cannot
    reasonably be applied to domestic and agricultural uses, and (6)
    that all of the provisions of said tri-State agreement shall be
    subject in all particulars to the provisions of the Colorado River
    compact and (7) said agreement to take effect upon the ratification
    of the Colorado River compact by Arizona, California, and Nevada.
    (b) Agreements for revenues to meet expenses of construction,
      operation, and maintenance of works
      Before any money is appropriated for the construction of said dam
    or power plant, or any construction work done or contracted for,
    the Secretary of the Interior shall make provision for revenues by
    contract, in accordance with the provisions of this subchapter,
    adequate in his judgment to insure payment of all expenses of
    operation and maintenance of said works incurred by the United
    States and the repayment, within fifty years from the date of the
    completion of said works, of all amounts advanced to the fund under
    subsection (b) of section 617a of this title for such works
    together with interest thereon made reimbursable under this
    subchapter.
      Before any money is appropriated for the construction of said
    main canal and appurtenant structures to connect the Laguna Dam
    with the Imperial and Coachella Valleys in California, or any
    construction work is done upon said canal or contracted for, the
    Secretary of the Interior shall make provision for revenues, by
    contract or otherwise, adequate in his judgment to insure payment
    of all expenses of construction, operation, and maintenance of said
    main canal and appurtenant structures in the manner provided in the
    reclamation law.
      If during the period of amortization the Secretary of the
    Interior shall receive revenues in excess of the amount necessary
    to meet the periodical payments to the United States as provided in
    the contract, or contracts, executed under this subchapter, then,
    immediately after the settlement of such periodical payments, he
    shall pay to the State of Arizona 18 3/4  per centum of such excess
    revenues and to the State of Nevada 18 3/4  per centum of such
    excess revenues.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 4, 45 Stat. 1058.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, is defined in section
    617k of this title.

-End-

-CITE-
    43 USC Sec. 617d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617d. Contracts for storage and use of waters for irrigation
      and domestic purposes; generation and sale of electrical energy

-STATUTE-
      The Secretary of the Interior is authorized, under such general
    regulations as he may prescribe, to contract for the storage of
    water in said reservoir and for the delivery thereof at such points
    on the river and on said canal as may be agreed upon, for
    irrigation and domestic uses, and generation of electrical energy
    and delivery at the switchboard to States, municipal corporations,
    political subdivisions, and private corporations of electrical
    energy generated at said dam, upon charges that will provide
    revenue which, in addition to other revenue accruing under the
    reclamation law and under this subchapter, will in his judgment
    cover all expenses of operation and maintenance incurred by the
    United States on account of works constructed under this subchapter
    and the payments to the United States under subsection (b) of
    section 617c of this title. Contracts respecting water for
    irrigation and domestic uses shall be for permanent service and
    shall conform to subsection (a) of section 617c of this title. No
    person shall have or be entitled to have the use for any purpose of
    the water stored as aforesaid except by contract made as herein
    stated.
      After the repayments to the United States of all money advanced
    with interest, charges shall be on such basis and the revenues
    derived therefrom shall be kept in a separate fund to be expended
    within the Colorado River Basin as may hereafter be prescribed by
    the Congress.
      General and uniform regulations shall be prescribed by the said
    Secretary for the awarding of contracts for the sale and delivery
    of electrical energy, and for renewals under subsection (b) of this
    section, and in making such contracts the following shall govern:
    (a) Duration of contracts for electrical energy; price of water and
      electrical energy to yield reasonable returns; readjustments of
      prices
      No contract for electrical energy or for generation of electrical
    energy shall be of longer duration than fifty years from the date
    at which such energy is ready for delivery.
      Contracts made pursuant to subsection (a) of this section shall
    be made with a view to obtaining reasonable returns and shall
    contain provisions whereby at the end of fifteen years from the
    date of their execution and every ten years thereafter, there shall
    be readjustment of the contract, upon the demand of either party
    thereto, either upward or downward as to price, as the Secretary of
    the Interior may find to be justified by competitive conditions at
    distributing points or competitive centers, and with provisions
    under which disputes or disagreements as to interpretation or
    performance of such contract shall be determined either by
    arbitration or court proceedings, the Secretary of the Interior
    being authorized to act for the United States in such readjustments
    or proceedings.
    (b) Renewal of contracts for electrical energy
      The holder of any contract for electrical energy not in default
    thereunder shall be entitled to a renewal thereof upon such terms
    and conditions as may be authorized or required under the then
    existing laws and regulations, unless the property of such holder
    dependent for its usefulness on a continuation of the contract be
    purchased or acquired and such holder be compensated for damages to
    its property, used and useful in the transmission and distribution
    of such electrical energy and not taken, resulting from the
    termination of the supply.
    (c) Applicants for purchase of water and electrical energy;
      preferences
      Contracts for the use of water and necessary privileges for the
    generation and distribution of hydroelectric energy or for the sale
    and delivery of electrical energy shall be made with responsible
    applicants therefor who will pay the price fixed by the said
    Secretary with a view to meeting the revenue requirements herein
    provided for. In case of conflicting applications, if any, such
    conflicts shall be resolved by the said Secretary, after hearing,
    with due regard to the public interest, and in conformity with the
    policy expressed in the Federal Power Act [16 U.S.C. 791a et seq.]
    as to conflicting applications for permits and licenses, except
    that preference to applicants for the use of water and appurtenant
    works and privileges necessary for the generation and distribution
    of hydroelectric energy, or for delivery at the switchboard of a
    hydroelectric plant, shall be given, first, to a State for the
    generation or purchase of electric energy for use in the State, and
    the States of Arizona, California, and Nevada shall be given equal
    opportunity as such applicants.
      The rights covered by such preference shall be contracted for by
    such State within six months after notice by the Secretary of the
    Interior and to be paid for on the same terms and conditions as may
    be provided in other similar contracts made by said Secretary:
    Provided, however, That no application of a State or a political
    subdivision for an allocation of water for power purposes or of
    electrical energy shall be denied or another application in
    conflict therewith be granted on the ground that the bond issue of
    such State or political subdivision necessary to enable the
    applicant to utilize such water and appurtenant works and
    privileges necessary for the generation and distribution of
    hydroelectric energy or the electrical energy applied for, has not
    been authorized or marketed, until after a reasonable time, to be
    determined by the said Secretary, has been given to such applicant
    to have such bond issue authorized and marketed.
    (d) Transmission lines for electrical energy; use; rights of way
      over public and reserved lands
      Any agency receiving a contract for electrical energy equivalent
    to one hundred thousand firm horsepower, or more, may, when deemed
    feasible by the said Secretary, from engineering and economic
    considerations and under general regulations prescribed by him, be
    required to permit any other agency having contracts hereunder for
    less than the equivalent of twenty-five thousand firm horsepower,
    upon application to the Secretary of the Interior made within sixty
    days from the execution of the contract of the agency the use of
    whose transmission line is applied for, to participate in the
    benefits and use of any main transmission line constructed or to be
    constructed by the former for carrying such energy (not exceeding,
    however, one-fourth the capacity of such line), upon payment by
    such other agencies of a reasonable share of the cost of
    construction, operation, and maintenance thereof.
      The use is authorized of such public and reserved lands of the
    United States as may be necessary or convenient for the
    construction, operation, and maintenance of main transmission lines
    to transmit said electrical energy.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 5, 45 Stat. 1060.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text preceding subsec. (a),
    is defined in section 617k of this title.
      The Federal Power Act, referred to subsec. (c), which was in the
    original the "Federal Water Power Act", is defined in section 617k
    of this title. For further details, see note set out under section
    617k of this title.

-End-

-CITE-
    43 USC Sec. 617e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617e. Uses to be made of dam and reservoir; title in whom;
      leases, regulations; limitation on authority

-STATUTE-
      The dam and reservoir provided for by section 617 of this title
    shall be used: First, for river regulation, improvement of
    navigation, and flood control; second, for irrigation and domestic
    uses and satisfaction of present perfected rights in pursuance of
    Article VIII of said Colorado River compact; and third, for power.
    The title to said dam, reservoir, plant, and incidental works shall
    forever remain in the United States, and the United States shall,
    until otherwise provided by Congress, control, manage, and operate
    the same, except as herein otherwise provided: Provided, however,
    That the Secretary of the Interior may, in his discretion, enter
    into contracts of lease of a unit or units of any Government-built
    plant, with right to generate electrical energy, or alternatively,
    to enter into contracts of lease for the use of water for the
    generation of electrical energy as herein provided, in either of
    which events the provisions of section 617d of this title relating
    to revenue, term, renewals, determination of conflicting
    applications, and joint use of transmission lines under contracts
    for the sale of electrical energy, shall apply.
      The Secretary of the Interior shall prescribe and enforce rules
    and regulations conforming with the requirements of the Federal
    Power Act [16 U.S.C. 791a et seq.], so far as applicable,
    respecting maintenance of works in condition of repair adequate for
    their efficient operation, maintenance of a system of accounting,
    control of rates and service in the absence of State regulation or
    interstate agreement, valuation for rate-making purposes, transfers
    of contracts, contracts extending beyond the lease period,
    expropriation of excessive profits, recapture and/or emergency use
    by the United States of property of lessees, and penalties for
    enforcing regulations made under this subchapter or penalizing
    failure to comply with such regulations or with the provisions of
    this subchapter. He shall also conform with other provisions of the
    Federal Power Act and of the rules and regulations of the Federal
    Power Commission, which have been devised or which may be hereafter
    devised, for the protection of the investor and consumer.
      The Federal Power Commission is directed not to issue or approve
    any permits or licenses under said Federal Power Act [16 U.S.C.
    791a et seq.] upon or affecting the Colorado River or any of its
    tributaries, except the Gila River, in the States of Colorado,
    Wyoming, Utah, New Mexico, Nevada, Arizona, and California until
    this subchapter shall become effective as provided in sections 617c
    of this title.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 6, 45 Stat. 1061.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in text, which was in the
    original the "Federal Water Power Act", is defined in section 617k
    of this title. For further details, see note set out under section
    617k of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Federal Power Commission terminated and functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
    of Title 42, The Public Health and Welfare.
      Executive and administrative functions of Federal Power
    Commission, with certain reservations, transferred to Chairman of
    Commission, with authority vested in him to authorize their
    performance by any officer, employee, or administrative unit under
    his jurisdiction, by Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff.
    May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix
    to Title 5, Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 617f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617f. Canals and appurtenant structures; transfer of title;
      power development

-STATUTE-
      The Secretary of the Interior may, in his discretion, when
    repayments to the United States of all money advanced, with
    interest, reimbursable hereunder, shall have been made, transfer
    the title to said canal and appurtenant structures, except the
    Laguna Dam and the main canal and appurtenant structures down to
    and including Syphon Drop, to the districts or other agencies of
    the United States having a beneficial interest therein in
    proportion to their respective capital investments under such form
    of organization as may be acceptable to him. The said districts or
    other agencies shall have the privilege at any time of utilizing by
    contract or otherwise such power possibilities as may exist upon
    said canal, in proportion to their respective contributions or
    obligations toward the capital cost of said canal and appurtenant
    structures from and including the diversion works to the point
    where each respective power plant may be located. The net proceeds
    from any power development on said canal shall be paid into the
    fund and credited to said districts or other agencies on their said
    contracts, in proportion to their rights to develop power, until
    the districts or other agencies using said canal shall have paid
    thereby and under any contract or otherwise an amount of money
    equivalent to the operation and maintenance expense and cost of
    construction thereof.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 7, 45 Stat. 1062.)

-End-

-CITE-
    43 USC Sec. 617g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617g. Colorado River compact as controlling authority in
      construction and maintenance of dam, reservoir, canals, and other
      works

-STATUTE-
      (a) The United States, its permittees, licensees, and
    contractees, and all users and appropriators of water stored,
    diverted, carried, and/or distributed by the reservoir, canals, and
    other works herein, authorized shall observe and be subject to and
    controlled by said Colorado River compact in the construction,
    management, and operation of said reservoir, canals, and other
    works and the storage, diversion, delivery, and use of water for
    the generation of power, irrigation, and other purposes, anything
    in this subchapter to the contrary notwithstanding, and all
    permits, licenses, and contracts shall so provide.
      (b) Also the United States, in constructing, managing, and
    operating the dam, reservoir, canals, and other works herein
    authorized in including the appropriation, delivery, and use of
    water for the generation of power, irrigation, or other uses, and
    all users of water thus delivered and all users and appropriators
    of waters stored by said reservoir and/or carried by said canal,
    including all permittees and licensees of the United States or any
    of its agencies, shall observe and be subject to and controlled,
    anything to the contrary herein notwithstanding, by the terms of
    such compact, if any, between the States of Arizona, California,
    and Nevada, or any two thereof, for the equitable division of the
    benefits, including power, arising from the use of water accruing
    to said States, subsidiary to and consistent with said Colorado
    River compact, which may have been negotiated and approved by said
    States and to which Congress shall have given its consent and
    approval on or before January 1, 1929; and the terms of any such
    compact concluded between said States and approved and consented to
    by Congress after said date: Provided, That in the latter case such
    compact shall be subject to all contracts, if any, made by the
    Secretary of the Interior under section 617d of this title prior to
    the date of such approval and consent by Congress.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 8, 45 Stat. 1062.)

-End-

-CITE-
    43 USC Sec. 617h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617h. Lands capable of irrigation and reclamation by
      irrigation works; public entry; preferences

-STATUTE-
      Lands found to be practicable of irrigation and reclamation by
    irrigation works and withdrawn under the Act of March 6, 1946 (43
    U.S.C. 617(h)) shall be opened for entry, in tracts varying in size
    but not exceeding one hundred and sixty acres, as may be determined
    by the Secretary of the Interior, in accordance with the provisions
    of the reclamation law, and any such entryman shall pay an
    equitable share in accordance with the benefits received, as
    determined by the said Secretary, of the construction cost of said
    canal and appurtenant structures; said payments to be made in such
    installments and at such times as may be specified by the Secretary
    of the Interior, in accordance with the provisions of the said
    reclamation law, and shall constitute revenue from said project and
    be covered into the fund herein provided for: Provided, That all
    persons who served in the United States Army, Navy, Marine Corps,
    or Coast Guard during World War II, the War with Germany, the War
    with Spain, or in the suppression of the insurrection in the
    Philippines, and who have been honorably separated or discharged
    therefrom or placed in the Regular Army or Naval Reserve, shall
    have the exclusive preference right for a period of three months to
    enter said lands, subject, however, to the provisions of section
    433 of this title; and also, so far as practicable, preference
    shall be given to said persons in all construction work authorized
    by this subchapter: Provided further, That the above exclusive
    preference rights shall apply to veteran settlers on lands watered
    from the Gila canal in Arizona the same as to veteran settlers on
    lands watered from the All-American canal in California: Provided
    further, That in the event such an entry shall be relinquished at
    any time prior to actual residence upon the land by the entryman
    for not less than one year, lands so relinquished shall not be
    subject to entry for a period of sixty days after the filing and
    notation of the relinquishment in the local land office, and after
    the expiration of said sixty-day period such lands shall be open to
    entry, subject to the preference in this section provided.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 9, 45 Stat. 1063; Mar. 6, 1946, ch.
    58, 60 Stat. 36; Pub. L. 94-579, title VII, Sec. 704, Oct. 21,
    1976, 90 Stat. 2792.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 6, 1946 (43 U.S.C. 617(h)), referred to in text,
    probably means act Mar. 6, 1946, ch. 58, 60 Stat. 36, which amended
    this section and which authorized all lands of the United States
    found by the Secretary of the Interior to be practicable of
    irrigation and reclamation by the irrigation works authorized by
    the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057, to be withdrawn
    from public entry.
      The reclamation law, referred to in text, is defined in section
    617k of this title.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 substituted "Lands found to be practicable
    of irrigation and reclamation by irrigation works and withdrawn
    under the Act of March 6, 1946 (43 U.S.C. 617(h))" for "Thereafter,
    at the direction of the Secretary of the Interior, such lands", and
    struck out provisions authorizing withdrawal from public entry of
    all public lands found by Secretary of the Interior to be
    practicable of irrigation and reclamation by irrigation works
    authorized under the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057.
      1946 - Act Mar. 6, 1946, struck out "or" before "Marine Corps"
    and inserted "or Coast Guard during World War II" after "Marine
    Corps," and second proviso.

-CHANGE-
                              CHANGE OF NAME                          
      References to Naval Reserve, other than references to Naval
    Reserve regarding the United States Naval Reserve Retired List,
    deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109-
    163, set out as a note under section 10101 of Title 10, Armed
    Forces.

-MISC2-
                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that amendment to this
    section striking out provision relating to withdrawal of public
    lands is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

                  REPEAL OF PRIOR ACTS CONTINUING SECTION              
      Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr.
    14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28,
    1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66
    Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which
    continued provisions until July 3, 1952. This repeal took effect as
    of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

-End-

-CITE-
    43 USC Sec. 617i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617i. Modification of existing compact relating to Laguna Dam

-STATUTE-
      Nothing in this subchapter shall be construed as modifying in any
    manner the existing contract, dated October 23, 1918, between the
    United States and the Imperial Irrigation District, providing for a
    connection with Laguna Dam; but the Secretary of the Interior is
    authorized to enter into contract or contracts with the said
    district or other districts, persons, or agencies for the
    construction, in accordance with this subchapter of said canal and
    appurtenant structures, and also for the operation and maintenance
    thereof, with the consent of the other users.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 10, 45 Stat. 1063.)

-End-

-CITE-
    43 USC Sec. 617j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617j. Omitted

-COD-
                               CODIFICATION                           
      Section, act Dec. 21, 1928, ch. 42, Sec. 11, 45 Stat. 1063,
    authorized Secretary of the Interior to make surveys and
    investigations to determine what lands in Arizona should be
    included in Parker-Gila Valley reclamation project and required him
    to make a report to Congress not later than Dec. 10, 1931.

-End-

-CITE-
    43 USC Sec. 617k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617k. Definitions

-STATUTE-
      "Political subdivision" or "political subdivisions" as used in
    this subchapter shall be understood to include any State,
    irrigation or other district, municipality, or other governmental
    organization.
      "Reclamation law" as used in this subchapter shall be understood
    to mean that certain Act of Congress of the United States approved
    June 17, 1902, and the Acts amendatory thereof and supplemental
    thereto.
      "Maintenance" as used herein shall be deemed to include in each
    instance provision for keeping the works in good operating
    condition.
      "The Federal Power Act," [16 U.S.C. 791a et seq.] as used in this
    subchapter, shall be understood to mean that certain Act of
    Congress of the United States approved June 10, 1920, and the Acts
    amendatory thereof and supplemental thereto.
      "Domestic", whenever employed in this subchapter, shall include
    water uses defined as "domestic" in said Colorado River compact.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 12, 45 Stat. 1064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is act June 17, 1902,
    ch. 1093, 32 Stat. 388, as amended, popularly known as the
    Reclamation Act, which is classified generally to chapter 12 (Sec.
    371 et seq.) of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 371 of this
    title and Tables.
      The Federal Power Act, referred to in text, was in the original
    the "Federal Water Power Act", which was redesignated the Federal
    Power Act by section 791a of Title 16, Conservation. The Federal
    Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
    which is classified generally to chapter 12 (Sec. 791a et seq.) of
    Title 16. For complete classification of this Act to the Code, see
    section 791a of Title 16 and Tables.

-End-

-CITE-
    43 USC Sec. 617l                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617l. Colorado River compact approval

-STATUTE-
    (a) Approval by Congress
      The Colorado River compact signed at Santa Fe, New Mexico,
    November 24, 1922, pursuant to Act of Congress approved August 19,
    1921, entitled "An Act to permit a compact or agreement between the
    States of Arizona, California, Colorado, Nevada, New Mexico, Utah,
    and Wyoming respecting the disposition and apportionment of the
    waters of the Colorado River, and for other purposes", is approved
    by the Congress of the United States, and the provisions of the
    first paragraph of article 11 of the said Colorado River compact,
    making said compact binding and obligatory when it shall have been
    approved by the legislature of each of the signatory States, are
    waived, and this approval shall become effective when the State of
    California and at least five of the other States mentioned, shall
    have approved or may hereafter approve said compact as aforesaid
    and shall consent to such waiver, as herein provided.
    (b) Rights in waters of Colorado River and tributaries; Colorado
      River compact as controlling
      The rights of the United States in or to waters of the Colorado
    River and its tributaries howsoever claimed or acquired, as well as
    the rights of those claiming under the United States, shall be
    subject to and controlled by said Colorado River compact.
    (c) Patents, grants, contracts, concessions, etc.; Colorado River
      compact as controlling
      Also all patents, grants, contracts, concessions, leases,
    permits, licenses, rights-of-way, or other privileges from the
    United States or under its authority, necessary or convenient for
    the use of waters of the Colorado River or its tributaries, or for
    the generation or transmission of electrical energy generated by
    means of the waters of said river or its tributaries, whether under
    this subchapter, the Federal Power Act [16 U.S.C. 791a et seq.], or
    otherwise, shall be upon the express condition and with the express
    covenant that the rights of the recipients or holders thereof to
    waters of the river or its tributaries, for the use of which the
    same are necessary, convenient, or incidental, and the use of the
    same shall likewise be subject to and controlled by said Colorado
    River compact.
    (d) Conditions and covenants referred to herein; nature; how and by
      whom availed of in litigation
      The conditions and covenants referred to herein shall be deemed
    to run with the land and the right, interest, or privilege therein
    and water right, and shall attach as a matter of law, whether set
    out or referred to in the instrument evidencing any such patent,
    grant, contract, concession, lease, permit, license, right-of-way,
    or other privilege from the United States or under its authority,
    or not, and shall be deemed to be for the benefit of and be
    available to the States of Arizona, California, Colorado, Nevada,
    New Mexico, Utah, and Wyoming, and the users of water therein or
    thereunder, by way of suit, defense, or otherwise, in any
    litigation respecting the waters of the Colorado River or its
    tributaries.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 13, 45 Stat. 1064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of Congress approved August 19, 1921, referred to in subsec.
    (a), is act Aug. 19, 1921, ch. 72, 42 Stat. 171, which is not
    classified to the Code.
      The Federal Power Act, referred to in subsec. (c), which was in
    the original the "Federal Water Power Act", is defined in section
    617k of this title. For further details, see note set out under
    section 617k of this title.

-MISC1-
                    UPPER COLORADO RIVER BASIN COMPACT                
      The Upper Colorado River Basin Compact signed by the States of
    Arizona, Colorado, New Mexico, Utah, and Wyoming on October 11,
    1948, was approved by Congress Apr. 6, 1949, ch. 48, 63 Stat. 31.

-End-

-CITE-
    43 USC Sec. 617m                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617m. Reclamation law applicable

-STATUTE-
      This subchapter shall be deemed a supplement to the reclamation
    law, which said reclamation law shall govern the construction,
    operation, and management of the works herein authorized, except as
    otherwise therein provided.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 14, 45 Stat. 1065.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, is defined in section
    617k of this title.

-End-

-CITE-
    43 USC Sec. 617n                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617n. Projects for irrigation, generation of electric power,
      and other purposes; investigations and reports

-STATUTE-
      The Secretary of the Interior is authorized and directed to make
    investigation and public reports of the feasibility of projects for
    irrigation, generation of electric power, and other purposes in the
    States of Arizona, Nevada, Colorado, New Mexico, Utah, and Wyoming
    for the purpose of making such information available to said States
    and to the Congress and of formulating a comprehensive scheme of
    control and the improvement and utilization of the water of the
    Colorado River and its tributaries. The sum of $250,000 is
    authorized to be appropriated from said Colorado River Dam fund,
    created by section 617a of this title, for such purposes.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 15, 45 Stat. 1065.)

-End-

-CITE-
    43 USC Sec. 617o                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617o. Officials of ratifying States; authority to act in
      advisory capacity; access to records

-STATUTE-
      In furtherance of any comprehensive plan formulated on and after
    Dec. 21, 1928 for the control, improvement, and utilization of the
    resources of the Colorado River system and to the end that the
    project authorized by this subchapter may constitute and be
    administered as a unit in such control, improvement, and
    utilization, any commission or commissioner duly authorized under
    the laws of any ratifying State in that behalf shall have the right
    to act in an advisory capacity to and in cooperation with the
    Secretary of the Interior in the exercise of any authority under
    the provisions of sections 617c, 617d, and 617m of this title and
    shall have at all times access to records of all Federal agencies
    empowered to act under said sections, and shall be entitled to have
    copies of said records on request.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 16, 45 Stat. 1065.)

-End-

-CITE-
    43 USC Sec. 617p                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617p. Claims of United States; priority

-STATUTE-
      Except as provided in title 11, claims of the United States
    arising out of any contract authorized by this subchapter shall
    have priority over all others, secured or unsecured.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 17, 45 Stat. 1065; Pub. L. 95-598,
    title III, Sec. 332, Nov. 6, 1978, 92 Stat. 2679.)

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-598 inserted introductory phrase "Except as
    provided in title 11".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Dates note
    preceding section 101 of Title 11, Bankruptcy.

-End-

-CITE-
    43 USC Sec. 617q                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617q. Effect on authority of States to control waters within
      own borders

-STATUTE-
      Nothing herein shall be construed as interfering with such rights
    as the States had on December 21, 1928, either to the waters within
    their borders or to adopt such policies and enact such laws as they
    deem necessary with respect to the appropriation, control, and use
    of waters within their borders, except as modified by the Colorado
    River compact or other interstate agreement.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 18, 45 Stat. 1065.)

-End-

-CITE-
    43 USC Sec. 617r                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617r. Consent given States to negotiate supplemental compacts
      for development of Colorado River

-STATUTE-
      The consent of Congress is given to the States of Arizona,
    California, Colorado, Nevada, New Mexico, Utah, and Wyoming to
    negotiate and enter into compacts or agreements, supplemental to
    and in conformity with the Colorado River compact and consistent
    with this subchapter for a comprehensive plan for the development
    of the Colorado River and providing for the storage, diversion, and
    use of the waters of said river. Any such compact or agreement may
    provide for the construction of dams, headworks, and other
    diversion works or structures for flood control, reclamation,
    improvement of navigation, division of water, or other purposes
    and/or the construction of power houses or other structures for the
    purpose of the development of water power and the financing of the
    same; and for such purposes may authorize the creation of
    interstate commissions and/or the creation of corporations,
    authorities, or other instrumentalities.
      (a) Such consent is given upon condition that a representative of
    the United States, to be appointed by the President, shall
    participate in the negotiations and shall make report to Congress
    of the proceedings and of any compact or agreement entered into.
      (b) No such compact or agreement shall be binding or obligatory
    upon any of such States unless and until it has been approved by
    the legislature of each of such States and by the Congress of the
    United States.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 19, 45 Stat. 1065.)

-End-

-CITE-
    43 USC Sec. 617s                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617s. Recognition of rights of Mexico to Colorado River waters

-STATUTE-
      Nothing in this subchapter shall be construed as a denial or
    recognition of any rights, if any, in Mexico to the use of the
    waters of the Colorado River system.

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 20, 45 Stat. 1066.)

-End-

-CITE-
    43 USC Sec. 617t                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617t. Short title

-STATUTE-
      The short title of this subchapter shall be "Boulder Canyon
    Project Act."

-SOURCE-
    (Dec. 21, 1928, ch. 42, Sec. 21, 45 Stat. 1066.)

-End-

-CITE-
    43 USC Sec. 617u                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617u. Lease of reserved lands in Boulder City, Nevada;
      disposition of revenues

-STATUTE-
      The Secretary of the Interior is authorized and empowered, under
    such rules and regulations as he may prescribe, to establish rental
    rates for the lease of reserved lands of the United States situate
    within the exterior boundaries of Boulder City, Nevada, and,
    without prior advertising, to enter into leases therefor at not
    less than rates so established and for periods not exceeding fifty-
    three years from the date of such leases: Provided, That all
    revenues which may accrue to the United States under the provisions
    of such leases shall be deposited in the Treasury and credited to
    the Colorado River Dam fund established by section 617a of this
    title.

-SOURCE-
    (June 18, 1940, ch. 395, 54 Stat. 437.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Boulder Canyon Project Act
    which comprises this subchapter.

-MISC1-
                         BOULDER CITY ACT OF 1958                     
      Public Law 85-900, Sept. 2, 1958, 72 Stat. 1726, provided for
    disposal of certain Federal property in Boulder City for purposes
    of establishment of a municipal corporation incorporated under laws
    of Nevada.

-End-

-CITE-
    43 USC Sec. 617v                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-
    Sec. 617v. Repealed. Pub. L. 85-900, Sec. 17, Sept. 2, 1958, 72
      Stat. 1735

-MISC1-
      Section, act July 31, 1953, ch. 296, title II, 67 Stat. 250,
    which was not enacted as part of the Boulder Canyon Project Act
    (which comprises this subchapter), provided for taxation of
    leaseholds lying within Boulder Canyon Project Reservation and
    deduction of certain school taxes in Boulder City Union School
    District.

-End-

-CITE-
    43 USC SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT
           ACT                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
           SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT       

-MISC1-
                              EFFECTIVE DATE                          
      Effective date of subchapter, see sections 618i, 620f, 620h, 620m
    of this title.

       CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER   
      Consolidation of Parker and Davis Dam projects as not affecting
    this subchapter, see note set out preceding subchapter I of this
    chapter.

-End-

-CITE-
    43 USC Sec. 618                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618. Promulgation of charges for electrical energy

-STATUTE-
      The Secretary of the Interior is authorized and directed to, and
    he shall, promulgate charges, or the basis of computation thereof,
    for electrical energy generated at Hoover Dam beginning June 1,
    1937, computed to be sufficient, together with other net revenues
    from the project, to accomplish the following purposes:
      (a) To meet the cost of operation and maintenance, and to provide
    for replacements, of the project beginning June 1, 1937;
      (b) To repay to the Treasury, with interest, the advances to the
    Colorado River Dam Fund for the project made prior to June 1, 1937,
    within fifty years from that date (excluding advances allocated to
    flood control by section 617a(b) of this title, which shall be
    repayable as provided in section 618f of this title), and such
    advances made on and after June 1, 1937, over fifty-year periods;
      (c) To provide $600,000 for each of the years and for the
    purposes specified in section 618a(c) of this title;
      (d) To provide $500,000 for each of the years and for the
    purposes specified in section 618a(d) of this title; and
      (e) To provide, by application of the increments to rates
    specified in section 403(c)(2) of the Colorado River Basin Project
    Act of 1968, as amended and supplemented [43 U.S.C. 1543(c)(2)],
    revenues, from and after June 1, 1987, for application to the
    purposes there specified.
      Such charges may be made subject to revisions and adjustments at
    such times, to such extent, and in such manner, as by the terms of
    their promulgation the Secretary shall prescribe.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 1, 54 Stat. 774; Apr. 30, 1947, ch.
    46, 61 Stat. 56; Pub. L. 98-381, title I, Sec. 104(a)(1)-(3), Aug.
    17, 1984, 98 Stat. 1334.)

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-381, Sec. 104(a)(1), substituted "beginning
    June 1, 1937" for "during the period beginning June 1, 1937, and
    ending May 31, 1987" in provisions preceding subsec. (a).
      Subsec. (a). Pub. L. 98-381, Sec. 104(a)(1), substituted
    "beginning June 1, 1937" for "during the period beginning June 1,
    1937, and ending May 31, 1987".
      Subsec. (b). Pub. L. 98-381, Sec. 104(a)(2), substituted "and
    such advances made on or after June 1, 1937, over fifty-year
    periods" for "and such portion of such advances made on or after
    June 1, 1937, as (on the basis of repayment thereof within such
    fifty-year period or periods as the Secretary may determine) will
    be repayable prior to June 1, 1987".
      Subsec. (e). Pub. L. 98-381, Sec. 104(a)(3), added subsec. (e).

-CHANGE-
                              CHANGE OF NAME                          
      Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover
    Dam.

-MISC2-
                       CONSTRUCTION WITH OTHER LAWS                   
      Pub. L. 98-381, title I, Sec. 104(b), Aug. 17, 1984, 98 Stat.
    1335, provided that: "Except as amended by this Act [amending
    sections 618, 618a, 618e, and 618k of this title], the Boulder
    Canyon Project Adjustment Act of 1940 (54 Stat. 774, as amended, 43
    U.S.C. 618), as amended and supplemented [this subchapter], shall
    remain in full force and effect."

-End-

-CITE-
    43 USC Sec. 618a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618a. Receipts from project; disposition

-STATUTE-
      All receipts from the project shall be paid into the Colorado
    River Dam Fund and shall be available, without further
    appropriation, for:
    (a) Defraying operating expenses
      Defraying the costs of operation (including purchase of
    supplemental energy to meet temporary deficiencies in firm energy
    which the Secretary of Energy is obligated by contract to supply),
    maintenance and replacements of, and emergency expenditures for,
    all facilities of the project, within such separate limitations as
    may be included in annual appropriations Acts;
    (b) Repayment of cost of construction
      Repayment to the Treasury, with interest (after making provision
    for the payments and transfers provided in subdivisions (c) and (d)
    of this section), of advances to the Colorado River Dam Fund for
    the construction of the project (excluding the amount allocated to
    flood control by section 2(b) of the Project Act [43 U.S.C.
    617a(b)]), and any readvances made to said fund under section 618d
    of this title; and
    (c) Commutation payments to Arizona and Nevada
      Payment subject to the provisions of section 618b of this title,
    in commutation of the payments now provided for the States of
    Arizona and Nevada in section 4(b) of the Project Act [43 U.S.C.
    617c(b)] to each of said States of the sum of $300,000 for each
    year of operation, beginning with the year of operation ending May
    31, 1938, and continuing annually thereafter until and including
    the year of operation ending May 31, 1987, and such payments for
    any year of operation which shall have expired at the time when
    this subdivision shall become effective shall be due immediately,
    and be paid, without interest, as expeditiously as administration
    of this subchapter will permit, and each such payment for
    subsequent years of operation shall be made on or before July 31,
    following the close of the year of operation for which it is made.
    All such payments shall be made from revenues received on and after
    July 19, 1940 in the Colorado River Dam Fund.
      Notwithstanding the foregoing provisions of this subsection, in
    the event that there are levied and collected by or under authority
    of Arizona or Nevada or by any lawful taxing political subdivision
    thereof, taxes upon - 
        (i) the project as herein defined;
        (ii) the electrical energy generated at Hoover Dam by means of
      facilities, machinery, or equipment both owned and operated by
      the United States, or owned by the United States and operated
      under contract with the United States;
        (iii) the privilege of generating or transforming such
      electrical energy or of use of such facilities, machinery, or
      equipment or of falling water for such generation or
      transforming; or
        (iv) the transmission or control of such electrical energy so
      generated or transformed (as distinguished from the transmission
      lines and other physical properties used for such transmission or
      control) or the use of such transmission lines or other physical
      properties for such transmission or control,

    payments made hereunder to the State by or under the authority of
    which such taxes are collected shall be reduced by an amount
    equivalent to such taxes. Nothing herein shall in anywise impair
    the right of either the State of Arizona or the State of Nevada, or
    any lawful taxing political subdivision of either of them, to
    collect non-discriminatory taxes upon that portion of the
    transmission lines and all other physical properties, situated
    within such State and such political subdivision, respectively, and
    belonging to any of the lessees and/or allottees under the Project
    Act [43 U.S.C. 617 et seq.] and/or under this subchapter, and
    nothing herein shall exempt or be construed so as to exempt any
    such property from nondiscriminatory taxation, all in the manner
    provided by the constitution and laws of such State. Sums, if any,
    received by each State under the provisions of the Project Act [43
    U.S.C. 617 et seq.] shall be deducted from the first payment or
    payments to said State authorized by this subchapter. Payments
    under this subsection shall be deemed contractual obligations of
    the United States, subject to the provisions of section 618b of
    this title.
    (d) Transfer of sums to Colorado River Development Fund;
      expenditure of fund
      Transfer, subject to the provisions of section 618b of this
    title, from the Colorado River Dam Fund to a special fund in the
    Treasury, established and designated the "Colorado River
    Development Fund", of the sum of $500,000 for the year of operation
    ending May 31, 1938, and the like sum of $500,000 for each year of
    operation thereafter, until and including the year of operation
    ending May 31. 1987. The transfer of the said sum of $500,000 for
    each year of operation shall be made on or before July 31 next
    following the close of the year of operation for which it is made:
    Provided, That any such transfer for any year of operation which
    shall have ended at the time this subsection shall become
    effective, shall be made, without interest, from revenues received
    in the Colorado River Dam Fund, as expeditiously as administration
    of this subchapter will permit, and without readvances from the
    general funds of the Treasury. Receipts of the Colorado River
    Development Fund for the years of operation ending in 1938, 1939,
    and 1940 (or in the event of reduced receipts during any of said
    years, due to adjustments under section 618b of this title, then
    the first receipts of said fund up to $1,500,000), are authorized
    to be appropriated only for the continuation and extension, under
    the direction of the Secretary, of studies and investigations by
    the Bureau of Reclamation for the formulation of a comprehensive
    plan for the utilization of waters of the Colorado River system for
    irrigation, electrical power, and other purposes, in the States of
    the upper division and the States of the lower division, including
    studies of quantity and quality of water and all other relevant
    factors. The next such receipts up to and including the receipts
    for the year of operation ending in 1955 are authorized to be
    appropriated only for the investigation and construction of
    projects for such utilization in and equitably distributed among
    the four States of the upper division: Provided, however, That in
    view of distributions heretofore made, and in order to expedite the
    development and utilization of water projects within all of the
    States of the upper division, the distribution of such funds for
    use in the fiscal years 1949 to 1955, shall be on a basis which is
    as nearly equal as practicable. Such receipts for the years of
    operation ending in 1956 to 1987, inclusive, are authorized to be
    appropriated for the investigation and construction of projects for
    such utilization in and equitably distributed among the States of
    the upper division and the States of the lower division. The terms
    "Colorado River system", "States of the upper division", and
    "States of the lower division" as so used shall have the respective
    meanings defined in the Colorado River compact mentioned in the
    Project Act [43 U.S.C. 617 et seq.]. Such projects shall be only
    such as are found by the Secretary to be physically feasible,
    economically justified, and consistent with such formulation of a
    comprehensive plan. Nothing in this subchapter shall be construed
    so as to prevent the authorization and construction of any such
    projects prior to the completion of said plan of comprehensive
    development; nor shall this subchapter be construed as affecting
    the right of any State to proceed independently of this subchapter
    or its provisions with the investigation or construction of any
    project or projects. Transfers under this subsection shall be
    deemed contractual obligations of the United States, subject to the
    provisions of section 618b of this title.
    (e) Transfer to Lower Colorado River Basin Development Fund
      Transfer to the Lower Colorado River Basin Development Fund
    established by title IV of the Colorado River Basin Project Act of
    1968, as amended and supplemented [43 U.S.C. 1541 et seq.], of the
    revenues referred to in section 618(e) of this title.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 2, 54 Stat. 774; Apr. 30, 1947, ch.
    46, 61 Stat. 56; May 14, 1948, ch. 292, 62 Stat. 235; June 1, 1948,
    ch. 364, Sec. 1, 62 Stat. 284; Pub. L. 98-381, title I, Sec.
    104(a)(4), Aug. 17, 1984, 98 Stat. 1334.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Project Act, referred to in text, is defined in section 618k
    of this title.
      The Colorado River Basin Project Act, referred to in subd. (e),
    is Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which
    is classified principally to chapter 32 (Sec. 1501 et seq.) of this
    title. Title IV of the Act is classified to subchapter IV (Sec.
    1541 et seq.) of chapter 32 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1501 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-381, Sec. 104(a)(4)(i), amended introductory
    provisions generally, inserting ", without further appropriation,"
    after "available".
      Subd. (a). Pub. L. 98-381, Sec. 104(a)(4)(i), substituted
    "Defraying the costs of operation (including purchase of
    supplemental energy to meet temporary deficiencies in firm energy
    which the Secretary of Energy is obligated by contract to supply),
    maintenance and replacements of, and emergency expenditures for,
    all facilities of the project, within such separate limitations as
    may be included in annual appropriations Acts;" for "Annual
    appropriation for the operation, maintenance, and replacements of
    the project, including emergency replacements necessary to insure
    continuous operations;".
      Subd. (e). Pub. L. 98-381, Sec. 104(a)(4)(ii), substituted
    provisions relating to the transfer of funds to the Lower Colorado
    River Basin Development Fund for provisions which had made
    available receipts from the project paid into the Colorado River
    Dam Fund, for annual appropriation for fiscal years 1948 to 1951
    for payment to Boulder City School District as reimbursement for
    pupil instructions not exceeding $65 per semester per pupil.
      1948 - Subd. (d). Act June 1, 1948, inserted proviso to fourth
    sentence to provide for distribution of receipts for fiscal years
    1949 to 1955, inclusive.
      Subd. (e). Act May 14, 1948, added subd. (e).

-CHANGE-
                              CHANGE OF NAME                          
      Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover
    Dam.

-End-

-CITE-
    43 USC Sec. 618a-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618a-1. Availability of Colorado River Development Fund for
      investigation and construction purposes

-STATUTE-
      The availability of appropriations from the Colorado River
    Development Fund for the investigation and construction of projects
    in any of the States of the Colorado River Basin shall not be held
    to forbid the expenditure of other funds for those purposes in any
    of those States where such funds are otherwise available therefor.

-SOURCE-
    (June 1, 1948, ch. 364, Sec. 2, 62 Stat. 285.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Boulder Canyon Project
    Adjustment Act which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 618b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618b. Reduction of payments and transfers where revenue is
      insufficient

-STATUTE-
      If, by reason of any act of God, or of the public enemy, or any
    major catastrophe, or any other unforeseen and unavoidable cause,
    the revenues, for any year of operation, after making provision for
    costs of operation, maintenance, and the amount to be set aside for
    said year for replacements, should be insufficient to make the
    payments to the States of Arizona and Nevada and the transfers to
    the Colorado River Development Fund in this subchapter provided
    for, such payments and transfers shall be proportionately reduced,
    as the Secretary may find to be necessary by reason thereof.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 3, 54 Stat. 776.)

-End-

-CITE-
    43 USC Sec. 618c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618c. Charges as retroactive; adjustment of accounts

-STATUTE-
      (a) Upon the taking effect of this subchapter, pursuant to
    section 618i of this title, the charges, or the basis of
    computation thereof, promulgated under this subchapter, shall be
    applicable as from June 1, 1937, and adjustments of accounts by
    reason thereof, including charges by and against the United States,
    shall be made so that the United States and all parties that have
    contracted for energy, or for the privilege of generating energy,
    at the project, shall be placed in the same position, as nearly as
    may be, as determined by the Secretary, that they would have
    occupied had such charges, or the basis of computation thereof, and
    the method of operation which may be provided for under section
    618h of this title, been effective on June 1, 1937: Provided, That
    such adjustments with contractors shall not be made in cash, but
    shall be made by means of credits extended over such period as the
    Secretary may determine.
      (b) In the event payments to the States of Arizona and Nevada, or
    either of them, under section 618a(c) of this title, shall be
    reduced by reason of the collection of taxes mentioned in said
    section, adjustments shall be made, from time to time, with each
    allottee which shall have paid any such taxes, by credits or
    otherwise, for that proportion of the amount of such reductions
    which the amount of the payments of such taxes by such allottee
    bears to the total amount of such taxes collected.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 4, 54 Stat. 776.)

-End-

-CITE-
    43 USC Sec. 618d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618d. Readvances from Treasury where Dam Fund is insufficient
      to meet cost of replacements

-STATUTE-
      If at any time there shall be insufficient sums in the Colorado
    River Dam Fund to meet the cost of replacements, however
    necessitated, in addition to meeting the other requirements of this
    subchapter, or of regulations authorized hereby and promulgated by
    the Secretary, the Secretary of the Treasury, upon request of the
    Secretary of the Interior, shall readvance to the said fund, in
    amounts not exceeding, in the aggregate, moneys repaid to the
    Treasury pursuant to section 618a(b) of this title, the amount
    required for replacements, however necessitated, in excess of the
    amount currently available therefor in said Colorado River Dam
    Fund. There is authorized to be appropriated, out of any money in
    the Treasury not otherwise appropriated, such sums, not exceeding
    said aggregate amount, as may be necessary to permit the Secretary
    of the Treasury to make such readvances. All such readvances shall
    bear interest.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 5, 54 Stat. 777.)

-MISC1-
    READVANCES TO COLORADO RIVER DAM FUND; INTEREST RATE ON READVANCES
      Pub. L. 103-316, title II, Aug. 26, 1994, 108 Stat. 1713, which
    provided in part that amounts required for replacement work on the
    Boulder Canyon Project that would require readvances to the
    Colorado River Dam Fund from the total appropriated for operation
    and maintenance of reclamation projects were to be so readvanced
    pursuant to this section, and that readvances after Oct. 1, 1984,
    were to bear a prescribed interest rate, was from the Energy and
    Water Development Appropriations Act, 1995, and was not repeated in
    subsequent appropriation acts. Similar provisions were contained in
    the following prior appropriation acts:
      Pub. L. 103-126, title II, Oct. 28, 1993, 107 Stat. 1323.
      Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1328.
      Pub. L. 102-104, title II, Aug. 17, 1991, 105 Stat. 523.
      Pub. L. 101-514, title II, Nov. 5, 1990, 104 Stat. 2084.
      Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 653.
      Pub. L. 100-371, title II, July 19, 1988, 102 Stat. 863.
      Pub. L. 100-202, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat.
    1329-104, 1329-115.
      Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat.
    1783-194, 1783-201, and Pub. L. 99-591, Sec. 101(e) [title II],
    Oct. 30, 1986, 100 Stat. 3341-194, 3341-201.
      Pub. L. 99-141, title II, Nov. 1, 1985, 99 Stat. 568.

-End-

-CITE-
    43 USC Sec. 618e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618e. Interest payments; rate

-STATUTE-
      Whenever by the terms of the Project Act [43 U.S.C. 617 et seq.]
    or this subchapter payment of interest is provided for, and
    whenever interest shall enter into any computation thereunder, such
    interest shall be computed at the rate of 3 per centum per annum,
    compounded annually: Provided, That the respective rates of
    interest on appropriated funds advanced for the visitor facilities
    program, as described in section 619(a) of this title, shall be
    determined by the Secretary of the Treasury, taking into
    consideration average market yields on outstanding marketable
    obligations of the United States with remaining periods to maturity
    comparable to the reimbursement period of the program during the
    month preceding the fiscal year in which the costs of the program
    are incurred. To the extent that more than one interest rate is
    determined pursuant to the preceding sentence, the Secretary of the
    Treasury shall establish for repayment purposes an interest rate at
    a weighted average of the rates so determined.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 6, 54 Stat. 777; Pub. L. 98-381,
    title I, Sec. 104(a)(5), Aug. 17, 1984, 98 Stat. 1335.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Project Act, referred to in text, is defined in section 618k
    of this title.

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-381 inserted proviso relating to rates of
    interest on appropriated funds advanced for visitors' facilities
    program.

-End-

-CITE-
    43 USC Sec. 618f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618f. Repayment of advances for flood control

-STATUTE-
      The first $25,000,000 of advances made to the Colorado River Dam
    Fund for the project shall be deemed to be the sum allocated to
    flood control by section 617a(b) of this title and repayment
    thereof shall be deferred without interest until June 1, 1987,
    after which time such advances so allocated to flood control shall
    be repayable to the Treasury as the Congress shall determine.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 7, 54 Stat. 777.)

-End-

-CITE-
    43 USC Sec. 618g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618g. Regulations; contracts; modification of allotments of
      energy

-STATUTE-
      The Secretary is authorized from time to time to promulgate such
    regulations and enter into such contracts as he may find necessary
    or appropriate for carrying out the purposes of this subchapter and
    the Project Act [43 U.S.C. 617 et seq.], as modified hereby, and,
    by mutual consent, to terminate or modify any such contract:
    Provided, however, That no allotment of energy to any allottee made
    by any rule or regulation heretofore promulgated shall be modified
    or changed without the consent of such allottee.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 8, 54 Stat. 777.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Project Act, referred to in text, is defined in section 618k
    of this title.

-End-

-CITE-
    43 USC Sec. 618h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618h. Termination of existing lease of Hoover Power Plant;
      lessees as agents of United States; termination of agency

-STATUTE-
      The Secretary is authorized to negotiate for and enter into a
    contract for the termination of the existing lease of the Hoover
    Power Plant made pursuant to the Project Act [43 U.S.C. 617 et
    seq.], and in the event of such termination the operation and
    maintenance, and the making of replacements, however necessitated,
    of the Hoover Power Plant by the United States, directly or through
    such agent or agents as the Secretary may designate, is authorized.
    The powers, duties, and rights of such agent or agents shall be
    provided by contract, which may include provision that questions
    relating to the interpretation or performance thereof may be
    determined, to the extent provided therein, by arbitration or court
    proceedings. The Secretary in consideration of such termination of
    such existing lease is authorized to agree (a) that the lessees
    therein named shall be designated as the agents of the United
    States for the operation of said power plant; (b) that (except by
    mutual consent or in accordance with such provisions for
    termination for default as may be specified therein) such agency
    contract shall not be revocable or terminable; and (c) that suits
    or proceedings to restrain the termination of any such agency
    contract, otherwise than as therein provided, or for other
    appropriate equitable relief or remedies, may be maintained against
    the Secretary. Suits or other court proceedings pursuant to the
    foregoing provisions may be maintained in, and jurisdiction to hear
    and determine such suits or proceedings and to grant such relief or
    remedies is conferred upon, the United States District Court for
    the District of Columbia, with the like right of appeal or review
    as in other like suits or proceedings in said court. The Secretary
    is authorized to act for the United States in such arbitration
    proceedings.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 9, 54 Stat. 777; Apr. 30, 1947, ch.
    46, 61 Stat. 56; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991;
    May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Project Act, referred to in text, is defined in section 618k
    of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "United States District Court for the District of Columbia"
    substituted in text for "the district court of the United States
    for the District of Columbia" on authority of act June 25, 1948, as
    amended by act May 24, 1949.
      "Hoover Power Plant" substituted for "Boulder Power Plant" on
    authority of act Apr. 30, 1947, which changed name of Boulder Dam
    to Hoover Dam.

-End-

-CITE-
    43 USC Sec. 618i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618i. Effective date

-STATUTE-
      This subchapter shall be effective immediately for the purpose of
    the promulgation of charges, or the basis of computation thereof,
    and the execution of contracts authorized by the terms of this
    subchapter, but neither such charges, nor the basis of computation
    thereof, nor any such contract, shall be effective unless and until
    this subchapter shall be effective for all purposes. This
    subchapter shall take effect for all purposes when, but not before,
    the Secretary shall have found that provision has been made for the
    termination of the existing lease of the Hoover Power Plant and for
    the operation thereof as authorized by section 618h of this title,
    and that allottees obligated under contracts in force on July 19,
    1940 to pay for at least 90 per centum of the firm energy shall
    have entered into contracts (1) consenting to such operation, and
    (2) containing such other provisions as the Secretary may deem
    necessary or proper for carrying out the purposes of this
    subchapter. For purposes of this section such 90 per centum shall
    be computed as of the end of the absorption periods provided for in
    regulations heretofore promulgated by the Secretary and in effect
    on July 19, 1940.
      If contracts in accordance with the requirements of this section
    shall not have been entered into prior to June 1, 1941, this
    subchapter shall cease to be operative and shall be of no further
    force or effect.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 10, 54 Stat. 778; Apr. 30, 1947, ch.
    46, 61 Stat. 56.)

-CHANGE-
                              CHANGE OF NAME                          
      "Hoover Power Plant" substituted in text for "Boulder Power
    Plant" on authority of act Apr. 30, 1947, which changed name of
    Boulder Dam to Hoover Dam.

-End-

-CITE-
    43 USC Sec. 618j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618j. Effect of refusal to modify existing contracts

-STATUTE-
      Any contractor for energy from the project failing or refusing to
    execute a contract modifying its existing contract to conform to
    this subchapter shall continue to pay the rates and charges
    provided for in its existing contract, subject to such periodic
    readjustments as are therein provided, in all respects as if this
    subchapter had not been passed, and so far as necessary to support
    such existing contract all of the provisions of the Project Act [43
    U.S.C. 617 et seq.] shall remain in effect, anything in this
    subchapter inconsistent therewith notwithstanding.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 11, 54 Stat. 778.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Project Act, referred to in text, is defined in section 618k
    of this title.

-End-

-CITE-
    43 USC Sec. 618k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618k. Definitions

-STATUTE-
      The following terms wherever used in this subchapter shall have
    the following respective meanings:
      "Project Act" shall mean the Boulder Canyon Project Act [43
    U.S.C. 617 et seq.];
      "Project" shall mean the works authorized by the Project Act to
    be constructed and owned by the United States, exclusive of the
    main canal and appurtenances mentioned therein, now known as the
    All-American Canal;
      "Secretary" shall mean the Secretary of the Interior of the
    United States;
      "Firm energy" and "allottees" shall have the meaning assigned to
    such terms in regulations promulgated before July 19, 1940, by the
    Secretary and in effect on July 19, 1940;
      "Replacements" shall mean such replacements as may be necessary
    to keep the project in good operating condition beginning June 1,
    1937, but shall not include (except where used in conjunction with
    the word "emergency" or the words "however necessitated")
    replacements made necessary by any act of God, or of the public
    enemy, or by any major catastrophe; and
      "Year of operation" shall mean the period from and including June
    1 of any calendar year to and including May 31 of the following
    calendar year.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 12, 54 Stat. 778; Pub. L. 98-381,
    title I, Sec. 104(a)(6), Aug. 18, 1984, 98 Stat. 1335.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Boulder Canyon Project Act, referred to in text, is act Dec.
    21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified
    generally to subchapter I (Sec. 617 et seq.) of this chapter. For
    complete classification of this Act to the Code, see section 617t
    of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-381 substituted "beginning June 1, 1937" for
    "during the period from June 1, 1937, to May 31, 1987, inclusive"
    in definition of "Replacements".

-End-

-CITE-
    43 USC Sec. 618l                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618l. Repealed. Aug. 30, 1954, ch. 1076, Sec. 1(22), 68 Stat.
      968

-MISC1-
      Section, act July 19, 1940, ch. 643, Sec. 13, 54 Stat. 779,
    required Secretary of the Interior to submit an annual financial
    statement and report to Congress of operations under this
    subchapter.

-End-

-CITE-
    43 USC Sec. 618m                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618m. Effect on existing laws and States' rights

-STATUTE-
      Nothing in this subchapter shall be construed as interfering with
    such rights as the States had on July 19, 1940, either to the
    waters within their borders or to adopt such policies and enact
    such laws as they deem necessary with respect to the appropriation,
    control, and use of waters within their borders, except as modified
    by the Colorado River compact or other interstate agreement.
    Neither the promulgation of charges, or the basis of charges, nor
    anything contained in this subchapter, or done thereunder, shall in
    anywise affect, limit, or prejudice any right of any State in or to
    the waters of the Colorado River system under the Colorado River
    compact. Sections 13(b), 13(c), and 13(d) of the Project Act [43
    U.S.C. 617l(b), (c), and (d)] and all other provisions of said
    Project Act [43 U.S.C. 617 et seq.] not inconsistent with the terms
    of this subchapter shall remain in full force and effect.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 14, 54 Stat. 779.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Project Act, referred to in text, is defined in section 618k
    of this title.

-End-

-CITE-
    43 USC Sec. 618n                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618n. Wages of employees

-STATUTE-
      All laborers and mechanics employed in the construction of any
    part of the project, or in the operation, maintenance, or
    replacement of any part of the Hoover Dam, shall be paid not less
    than the prevailing rate of wages or compensation for work of a
    similar nature prevailing in the locality of the project. In the
    event any dispute arises as to what are the prevailing rates, the
    determination thereof shall be made by the Secretary of the
    Interior, and his decision, subject to the concurrence of the
    Secretary of Labor, shall be final.

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 15, 54 Stat. 779; Apr. 30, 1947, ch.
    46, 61 Stat. 56.)

-CHANGE-
                              CHANGE OF NAME                          
      "Hoover Dam" substituted in text for "Boulder Dam" on authority
    of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover
    Dam.

-End-

-CITE-
    43 USC Sec. 618o                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618o. Short title

-STATUTE-
      This subchapter may be cited as "Boulder Canyon Project
    Adjustment Act".

-SOURCE-
    (July 19, 1940, ch. 643, Sec. 16, 54 Stat. 779.)

-End-

-CITE-
    43 USC Sec. 618p                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-
    Sec. 618p. Omitted

-COD-
                               CODIFICATION                           
      Section, act Oct. 12, 1949, ch. 680, title I, Sec. 101, in part,
    63 Stat. 784, related to reports to Congressional appropriations
    committees on Colorado River dam funds, was from the Interior
    Department Appropriation Act, 1950, and was not repeated in
    subsequent appropriation acts. Similar provisions were contained in
    act June 29, 1948, ch. 754, Sec. 1, 62 Stat. 1130.

-End-

-CITE-
    43 USC SUBCHAPTER III - HOOVER DAM CONTRACTS AND
           FACILITIES                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-
           SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES       

-End-

-CITE-
    43 USC Sec. 619                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-
    Sec. 619. Increase in capacity of existing generating equipment at
      Hoover Powerplant; construction of Colorado River bridge crossing

-STATUTE-
    (a) Hoover Powerplant generating equipment; increase in capacity;
      improvement of appurtenances; authorization of Secretary
      The Secretary of the Interior is authorized to increase the
    capacity of existing generating equipment and appurtenances at
    Hoover Powerplant (hereinafter in this subchapter referred to as
    "uprating program"); and to improve parking, visitor facilities,
    and roadways and to provide additional elevators, and other
    facilities that will contribute to the safety and sufficiency of
    visitor access to Hoover Dam and Powerplant (hereinafter in this
    subchapter referred to as "visitor facilities program").
    (b) Construction of Colorado River bridge crossing; authorization
      of Secretary
      The Secretary of the Interior is authorized to construct a
    Colorado River bridge crossing, including suitable approach spans,
    immediately downstream from Hoover Dam for the purpose of
    alleviating traffic congestion and reducing safety hazards. This
    bridge shall not be a part of the Boulder Canyon project and shall
    neither be funded nor repaid from the Colorado River Dam Fund or
    the Lower Colorado River Basin Development Fund.

-SOURCE-
    (Pub. L. 98-381, title I, Sec. 101, Aug. 17, 1984, 98 Stat. 1333.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, was in the original "this Act", meaning Pub. L.
    98-381, Aug. 17, 1984, 98 Stat. 1333, which enacted this subchapter
    and sections 7274 and 7275 of Title 42, The Public Health and
    Welfare, and amended sections 617a, 617b, 618, 618a, 618e, 618k,
    and 1543 of this title. For complete classification of this Act to
    the Code, see Short Title note below and Tables.

-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 98-381 provided that: "This Act [enacting
    this subchapter, provisions set out as notes under sections 617 and
    618 of this title and section 839b of Title 16, Conservation,
    sections 7274 and 7275 and provisions set out as a note under
    section 7133 of Title 42, The Public Health and Welfare, and
    amending sections 617a, 617b, 618, 618a, 618e, 618k, and 1543 of
    this title] may be cited as the 'Hoover Power Plant Act of 1984'."

                      HOOVER DAM MISCELLANEOUS SALES                  
      Pub. L. 106-461, Nov. 7, 2000, 114 Stat. 1989, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Hoover Dam Miscellaneous Sales
    Act'.

      "SEC. 2. FINDINGS.
      "Congress finds that - 
        "(1) the sale and distribution of general public information
      about the use of public land and water areas for recreation,
      fish, wildlife, and other purposes serve significant public
      benefits;
        "(2) publications and other materials educate the public and
      provide general information about Bureau of Reclamation programs
      and projects;
        "(3) in 1997, more than 1,000,000 visitors, including 300,000
      from foreign countries, toured the Hoover Dam;
        "(4) hundreds of thousands of additional visitors stopped to
      view the dam;
        "(5) visitors often ask to purchase maps, publications, and
      other items to enhance their experience or serve educational
      purposes;
        "(6) in many cases the Bureau of Reclamation is the sole source
      of those items;
        "(7) the Bureau is in a unique position to fulfill public
      requests for those items; and
        "(8) as a public agency, the Bureau should be responsive to the
      public by having appropriate items available for sale.

      "SEC. 3. PURPOSES.
      "The purposes of this Act are - 
        "(1) to authorize the Secretary of the Interior to offer for
      sale to members of the public that visit the Hoover Dam Visitor
      Center educational materials and memorabilia; and
        "(2) to use revenue from those sales to repay the costs
      relating to construction of the Hoover Dam Visitor Center.

      "SEC. 4. AUTHORITY TO CONDUCT SALES.
      "With respect to the Hoover Dam, the Secretary of the Interior,
    acting through the Commissioner of Reclamation, may - 
        "(1) conduct sales of - 
          "(A) materials generated by the Bureau of Reclamation such as
        posters, maps, brochures, photographs, and similar
        publications, videotapes, and computer information discs that
        are related to programs or projects of the Bureau; and
          "(B) memorabilia and other commemorative items that depict
        programs or projects of the Bureau;
        "(2) convert unneeded property or scrap material into Bureau
      memorabilia for sale purposes; and
        "(3) enter into agreements with nonprofit organizations, other
      Federal agencies, State and local governments, and commercial
      entities for - 
          "(A) the production or sale of items described in paragraphs
        (1) and (2); and
          "(B) the sale of publications described in paragraph (1).

      "SEC. 5. COSTS AND REVENUES.
      "(a) Costs. - All costs incurred by the Bureau of Reclamation
    under this Act shall be paid from the Colorado River Dam fund
    established by section 2 of the Act of December 21, 1928 (43 U.S.C.
    617a).
      "(b) Revenues. - 
        "(1) Use for repayment of sales costs. - All revenues collected
      by the Bureau of Reclamation under this Act shall be credited to
      the Colorado River Dam fund to remain available, without further
      Act of appropriation, to pay costs associated with the production
      and sale of items in accordance with section 4.
        "(2) Use for repayment of construction costs. - All revenues
      collected by the Bureau of Reclamation under this Act that are
      not needed to pay costs described in paragraph (1) shall be
      transferred annually to the general fund of the Treasury in
      repayment of costs relating to construction of the Hoover Dam
      Visitor Center."

-End-

-CITE-
    43 USC Sec. 619a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-
    Sec. 619a. Renewal contracts for power

-STATUTE-
    (a) Offering of contracts by Secretary; total power obligation;
      conforming of regulations; contract expiration and restrictions
      (1) The Secretary of Energy shall offer:
      (A) To each contractor for power generated at Hoover Dam a
    renewal contract for delivery commencing June 1, 1987, of the
    amount of capacity and firm energy specified for that contractor in
    the following table:

                                SCHEDULE A                            
     LONG TERM CONTINGENT CAPACITY AND ASSOCIATED FIRM ENERGY RESERVED
       FOR RENEWAL CONTRACT OFFERS TO CURRENT BOULDER CANYON PROJECT
                                CONTRACTORS
    --------------------------------------------------------------------
       Contractor     Contingent           Firm energy            Total   
                                          (thousands of                   
                       capacity               kWh)                        
                         (kW)                                             

                                      Summer        Winter   
    --------------------------------------------------------------------
    Metropolitan          247,500       904,382       387,592    1,291,974
     Water District                                                       
     of Southern                                                          
     California                                                           
    City of Los           490,875       488,535       209,658      698,193
     Angeles                                                              
    Southern              277,500       175,486        75,208      250,694
     California                                                           
     Edison Company                                                       
    City of                18,000        47,398        20,313       67,711
     Glendale                                                             
    City of                11,000        40,655        17,424       58,079
     Pasadena                                                             
    City of Burbank         5,125        14,811         6,347       21,158
    Arizona Power         189,000       452,192       193,797      645,989
     Authority                                                            
    Colorado River        189,000       452,192       193,797      645,989
     Commission of                                                        
     Nevada                                                               
    United States,         20,000        56,000        24,000       80,000
     for Boulder                                                          
     City                                                                 
        Totals          1,448,000     2,631,651     1,128,136    3,759,787
    --------------------------------------------------------------------

      (B) To purchasers in the States of Arizona, Nevada and California
    eligible to enter into such contracts under section 5 of the
    Boulder Canyon Project Act [43 U.S.C. 617d], contracts for delivery
    commencing June 1, 1987, or as it thereafter becomes available, of
    capacity resulting from the uprating program and for delivery
    commencing June 1, 1987, of associated firm energy as specified in
    the following table:

                                SCHEDULE B                            
        CONTINGENT CAPACITY RESULTING FROM THE UPRATING PROGRAM AND
                          ASSOCIATED FIRM ENERGY
    --------------------------------------------------------------------
        State      Contingent         Firm energy (thousands of kWh)      
                                                                          
                    capacity                                              
                      (kW)                                                

                                    Summer         Winter         Total   
    --------------------------------------------------------------------
    Arizona            188,000        148,000         64,000       212,000
    California         127,000         99,850         43,364       143,214
    Nevada             188,000        288,000        124,000       412,000
                --------------------------------------------------------
        Totals         503,000        535,850        231,364       767,214
    --------------------------------------------------------------------

    Provided, however, That in the case of Arizona and Nevada, such
    contracts shall be offered to the Arizona Power Authority and the
    Colorado River Commission of Nevada, respectively, as the agency
    specified by State law as the agent of such State for purchasing
    power from the Boulder Canyon project: Provided further, That in
    the case of California, no such contract under this subparagraph
    (B) shall be offered to any purchaser who is offered a contract for
    capacity exceeding 20,000 kilowatts under subparagraph (A) of this
    paragraph.
      (C) To the Arizona Power Authority and the Colorado River
    Commission of Nevada and to purchasers in the State of California
    eligible to enter into such contracts under section 5 of the
    Boulder Canyon Project Act [43 U.S.C. 617d], contracts for delivery
    commencing June 1, 1987, of such energy generated at Hoover Dam as
    is available respectively to the States of Arizona, Nevada, and
    California in excess of 4,501.001 million kilowatthours in any year
    of operation (hereinafter called excess energy) in accordance with
    the following table:

                                SCHEDULE C                            
                               EXCESS ENERGY                           
    --------------------------------------------------------------------
          Priority of entitlement to excess energy             State    
    --------------------------------------------------------------------
    First: Meeting Arizona's first priority right to       Arizona      
     delivery of excess energy which is equal in each                   
     year of operation to 200 million kilowatthours:                    
     Provided, however, That in the event excess energy                 
     in the amount of 200 million kilowatthours is not                  
     generated during any year of operation, Arizona                    
     shall accumulate a first right to delivery of                      
     excess energy subsequently generated in an amount                  
     not to exceed 600 million kilowatthours, inclusive                 
     of the current year's 200 million kilowatthours.                   
     Said first right of delivery shall accrue at a                     
     rate of 200 million kilowatthours per year for                     
     each year excess energy in the amount of 200                       
     million kilowatthours is not generated, less                       
     amounts of excess energy delivered                                 
    Second: Meeting Hoover Dam contractual obligations     .......      
     under schedule A of subsection (a)(1)(A) of this       .............
     section and under schedule B of subsection                         
     (a)(1)(B) of this section not exceeding 26 million                 
     kilowatthours in each year of operation                            
    Third: Meeting the energy requirements of the          Arizona,     
     three States, such available excess energy to be       Nevada,     
     divided equally among the States                       California  
    --------------------------------------------------------------------

      (2) The total obligation of the Secretary of Energy to deliver
    firm energy pursuant to schedule A of subsection (a)(1)(A) of this
    section and schedule B of subsection (a)(1)(B) of this section is
    4,527.001 million kilowatthours in each year of operation. To the
    extent that the actual generation at Hoover Powerplant in any year
    of operation (less deliveries thereof to Arizona required by its
    first priority under schedule C of subsection (a)(1)(C) of this
    section whenever actual generation in any year of operation is in
    excess of 4,501.001 million kilowatthours) is less than 4,527.001
    million kilowatthours, such deficiency shall be borne by the
    holders of contracts under said schedules A and B in the ratio that
    the sum of the quantities of firm energy to which each contractor
    is entitled pursuant to said schedules bears to 4,527.001 million
    kilowatthours. At the request of any such contractor, the Secretary
    of Energy will purchase energy to meet that contractor's deficiency
    at such contractor's expense.
      (3) Subdivision E of the "General Consolidated Power Marketing
    Criteria or Regulations for Boulder City Area Projects" published
    in the Federal Register May 9, 1983 (48 Federal Register commencing
    at 20881), hereinafter referred to as the "Criteria" or as the
    "Regulations" shall be deemed to have been modified to conform to
    this section. The Secretary of Energy shall cause to be included in
    the Federal Register a notice conforming the text of said
    Regulations to such modifications.
      (4) Each contract offered under subsection (a)(1) of this section
    shall:
        (A) expire September 30, 2017;
        (B) not restrict use to which the capacity and energy
      contracted for by the Metropolitan Water District of Southern
      California may be placed within the State of California:
      Provided, That to the extent practicable and consistent with
      sound water management and conservation practice, the
      Metropolitan Water District of Southern California shall use such
      capacity and energy to pump available Colorado River water prior
      to using such capacity and energy to pump California State water
      project water; and
        (C) conform to the applicable provisions of subdivison (!1) E
      of the Criteria, commencing at 48 Federal Register 20881,
      modified as provided in this section. To the extent that said
      provisions of the Criteria, as so modified, are applicable to
      contracts entered into under this section, those provisions are
      hereby ratified.

    (b) Prejudice of rights of contract holders under Boulder Canyon
      Project Act
      Nothing in the Criteria shall be construed to prejudice any
    rights conferred by the Boulder Canyon Project Act, as amended and
    supplemented [43 U.S.C. 617 et seq.], on the holder of a contract
    described in subsection (a) of this section not in default
    thereunder on September 30, 2017.
    (c) Execution of contract with parties to certain litigation; offer
      of contract to other entities
      (1) The Secretary of Energy shall not execute a contract
    described in subsection (a)(1)(A) of this section with any entity
    which is a party to the action entitled the "State of Nevada, et
    al. against the United States of America, et al." in the United
    States District Court for the District of Nevada, case numbered CV
    LV '82 441 RDF, unless that entity agrees to file in that action a
    stipulation for voluntary dismissal with prejudice of its claims,
    or counterclaims, or crossclaims, as the case may be, and also
    agrees to file with the Secretary a document releasing the United
    States, its officers and agents, and all other parties to that
    action who join in that stipulation from any claims arising out of
    the disposition under this section of capacity and energy from the
    Boulder Canyon project. The Attorney General shall join on behalf
    of the United States, its officers and agents, in any such
    voluntary dismissal and shall have the authority to approve on
    behalf of the United States the form of each release.
      (2) If after a reasonable period of time as determined by the
    Secretary, the Secretary is precluded from executing a contract
    with an entity by reason of paragraph (1) of this subsection, the
    Secretary shall offer the capacity and energy thus available to
    other entities in the same State eligible to enter into such
    contracts under section 5 of the Boulder Canyon Project Act [43
    U.S.C. 617d].
    (d) Funding of uprating program
      The uprating program authorized under section 619(a) of this
    title shall be undertaken with funds advanced under contracts made
    with the Secretary of the Interior by non-Federal purchasers
    described in subsection (a)(1)(B) of this section. Funding provided
    by non-Federal purchasers shall be advanced to the Secretary of the
    Interior pursuant to the terms and conditions of such contracts.
    (e) Deposit of uprating program funds in Colorado River Dam Fund
      Notwithstanding any other provisions of the law, funds advanced
    by non-Federal purchasers for use in the uprating program shall be
    deposited in the Colorado River Dam Fund and shall be available for
    the uprating program.
    (f) Amounts advanced by non-Federal purchasers; financial
      integration as capital costs
      Those amounts advanced by non-Federal purchasers shall be
    financially integrated as capital costs with other project costs
    for rate-setting purposes, and shall be returned to those
    purchasers advancing funds throughout the contract period through
    credits which include interest costs incurred by such purchasers
    for funds contributed to the Secretary of the Interior for the
    uprating program.
    (g) Congressional exercise of reserved right
      The provisions of this section constitute an exercise by the
    Congress of the right reserved by it in section 5(b) of the Boulder
    Canyon Project Act, as amended and supplemented [43 U.S.C.
    617d(b)], to prescribe terms and conditions for the renewal of
    contracts for electrical energy generated at Hoover Dam. This
    section constitutes the exclusive method for disposing of capacity
    and energy from Hoover Dam for the period beginning June 1, 1987,
    and ending September 30, 2017.
    (h) Court challenges; disputes and disagreements
      (1) Notwithstanding any other provision of law, any claim that
    the provisions of subsection (a) of this section violates any
    rights to capacity or energy from the Boulder Canyon project is
    barred unless the complaint is filed within one year after August
    17, 1984, in the United States Court of Federal Claims which shall
    have exclusive jurisdiction over this action. Any claim that
    actions taken by any administrative agency of the United States
    violates any right under this subchapter or the Boulder Canyon
    Project Act [43 U.S.C. 617 et seq.] or the Boulder Canyon Project
    Adjustment Act [43 U.S.C. 618 et seq.] is barred unless suit
    asserting such claim is filed in a Federal court of competent
    jurisdiction within one year after final refusal of such agency to
    correct the action complained of.
      (2) Any contract entered into pursuant to this section or section
    107 of this Act [42 U.S.C. 7133 note] shall contain provisions by
    which any dispute or disagreement as to interpretation or
    performance of the provisions of this subchapter or of applicable
    regulations or of the contract may be determined by arbitration or
    court proceedings. The Secretary of Energy or the Secretary of the
    Interior, as the case may be, if authorized to act for the United
    States in such arbitration or court proceedings and, except as
    provided in paragraph (1) of this subsection, jurisdiction is
    conferred upon any district court of the United States of proper
    venue to determine the dispute.
    (i) Congressional declaration of purpose
      It is the purpose of subsections (c), (g), and (h) of this
    section to ensure that the rights of contractors for capacity and
    energy from the Boulder Canyon project for the period beginning
    June 1, 1987, and ending September 30, 2017, will vest with
    certainty and finality.

-SOURCE-
    (Pub. L. 98-381, title I, Sec. 105, Aug. 17, 1984, 98 Stat. 1335;
    Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
    4516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Boulder Canyon Project Act, referred to in subsecs. (b) and
    (h)(1), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended,
    which is classified generally to subchapter I (Sec. 617 et seq.) of
    this chapter. For complete classification of this Act to the Code,
    see section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in subsec.
    (h)(1), is act July 19, 1940, ch. 643, 54 Stat. 774, as amended,
    which is classified generally to subchapter II (Sec. 618 et seq.)
    of this chapter. For complete classification of this Act to the
    Code, see section 618o of this title and Tables.
      Section 107 of this Act, referred to in subsec. (h)(2), is
    section 107 of Pub. L. 98-381, which is set out as a note under
    section 7133 of Title 42, The Public Health and Welfare.
      This subchapter, was in the original "this Act", meaning Pub. L.
    98-381, Aug. 17, 1984, 98 Stat. 1333, which enacted this subchapter
    and sections 7274 and 7275 of Title 42, and amended sections 617a,
    617b, 618, 618a, 618e, 618k, and 1543 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 619 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (h)(1). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

-FOOTNOTE-
    (!1) So in original. Probably should be "subdivision".

-End-

-CITE-
    43 USC Sec. 619b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12A - BOULDER CANYON PROJECT
    SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-
    Sec. 619b. Reimbursement of funds advanced by non-Federal
      purchasers; uprating program; repayment requirement; visitor
      facilities program

-STATUTE-
      Reimbursement of funds advanced by non-Federal purchasers for the
    uprating program shall be a repayment requirement of the Boulder
    Canyon project beginning with the first day of the month following
    completion of each segment thereof. The cost of the visitor
    facilities program as defined in section 619(a) of this title shall
    become a repayment requirement beginning June 1, 1987, or when
    substantially completed, as determined by the Secretary of the
    Interior, if later.

-SOURCE-
    (Pub. L. 98-381, title I, Sec. 106, Aug. 17, 1984, 98 Stat. 1339.)

-End-

-CITE-
    43 USC CHAPTER 12B - COLORADO RIVER STORAGE PROJECT         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
               CHAPTER 12B - COLORADO RIVER STORAGE PROJECT           

-MISC1-
    Sec.                                                     
    620.        Upper Colorado River Basin; purpose of development of
                 water resources; initial units; construction of Wayne
                 N. Aspinall unit contingent upon certification;
                 participating projects; Rainbow Bridge National
                 Monument.                                            
    620a.       Priority to planning reports of certain additional
                 participating projects; reports to States; San
                 Juan-Chama project; Juniper project.                 
    620a-1.     Construction of participating projects to be
                 concurrent with Central Arizona Project.             
    620a-2.     Establishment of nonexcess irrigable acreage for
                 participating projects.                              
    620b.       Congressional intent; additional undesignated projects
                 not precluded; construction not authorized within
                 national park or monument.                           
    620c.       Laws governing; irrigation repayment contracts; time
                 for making contract; contracts for municipal water;
                 payment by Indian lands; restricted delivery of water
                 for excess commodity; apportionments of use.         
    620c-1.     Laws governing priority of appropriation.             
    620d.       Upper Colorado River Basin Fund.                      
                  (a)  Authorization and availability.                
                  (b)  Crediting of appropriations.                   
                  (c)  Crediting and availability of revenues.        
                  (d)  Payments of revenues in excess of operating
                        needs to Treasury.                            
                  (e)  Apportionment of excess revenues among States. 
                  (f)  Determination of interest rate.                
                  (g)  Budget to be submitted to Congress.            
    620d-1.     Reimbursement of Fund from Colorado River Development
                 Fund; operation of Hoover Dam.                       
    620e.       Cost allocations; Indian lands; report to Congress.   
    620f.       Powerplant operations.                                
    620g.       Recreational and fish and wildlife facilities.        
    620h.       Saving provisions.                                    
    620i.       Expenditures; units excepted from soil survey and land
                 classification requirements.                         
    620j.       Court decree; effectivity and approval.               
    620k.       Authorization of appropriations.                      
    620l.       Net power revenues.                                   
    620m.       Compliance with law required in operation of
                 facilities; enforcement of provisions.               
    620n.       Water quality study and reports.                      
    620o.       Definitions.                                          

-End-

-CITE-
    43 USC Sec. 620                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620. Upper Colorado River Basin; purpose of development of
      water resources; initial units; construction of Wayne N. Aspinall
      unit contingent upon certification; participating projects;
      Rainbow Bridge National Monument

-STATUTE-
      In order to initiate the comprehensive development of the water
    resources of the Upper Colorado River Basin, for the purposes,
    among others, of regulating the flow of the Colorado River, storing
    water for beneficial consumptive use, making it possible for the
    States of the Upper Basin to utilize, consistently with the
    provisions of the Colorado River Compact, the apportionments made
    to and among them in the Colorado River Compact and the Upper
    Colorado River Basin Compact, respectively, providing for the
    reclamation of arid and semiarid land, for the control of floods,
    and for the generation of hydroelectric power, as an incident of
    the foregoing purposes, the Secretary of the Interior is authorized
    (1) to construct, operate, and maintain the following initial units
    of the Colorado River storage project, consisting of dams,
    reservoirs, powerplants, transmission facilities and appurtenant
    works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir
    only), and Glen Canyon: Provided, That the Wayne N. Aspinall Dam
    shall be constructed to a height which will impound not less than
    nine hundred and forty thousand acre-feet of water or will create a
    reservoir of such greater capacity as can be obtained by a high
    waterline located at seven thousand five hundred and twenty feet
    above mean sea level, and that construction thereof shall not be
    undertaken until the Secretary has, on the basis of further
    engineering and economic investigations, reexamined the economic
    justification of such unit and, accompanied by appropriate
    documentation in the form of a supplemental report, has certified
    to the Congress and to the President that, in his judgment, the
    benefits of such unit will exceed its costs; and (2) to construct,
    operate, and maintain the following additional reclamation projects
    (including power-generating and transmission facilities related
    thereto), hereinafter referred to as participating projects:
    Central Utah (initial phase and the Uintah unit), San Juan-Chama
    (initial stage), Emery County, Florida, Hammond, La Barge, Lyman,
    Navajo Indian, Paonia (including the Minnesota unit, a dam and
    reservoir on Muddy Creek just above its confluence with the North
    Fork of the Gunnison River, and other necessary works), Animas-La
    Plata, Dolores, Dallas Creek, West Divide, San Miguel, Seedskadee,
    Savery-Pot Hook, Bostwick Park, Fruitland Mesa, Silt and Smith
    Fork: Provided further, That as part of the Glen Canyon Unit the
    Secretary of the Interior shall take adequate protective measures
    to preclude impairment of the Rainbow Bridge National Monument.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 1, 70 Stat. 105; Pub. L. 87-483, Sec.
    18, June 13, 1962, 76 Stat. 102; Pub. L. 88-568, Sec. 1, Sept. 2,
    1964, 78 Stat. 852; Pub. L. 90-537, title V, Sec. 501(a), Sept. 30,
    1968, 82 Stat. 896; Pub. L. 96-375, Sec. 7, Oct. 3, 1980, 94 Stat.
    1507; Pub. L. 96-470, title I, Sec. 108(c), Oct. 19, 1980, 94 Stat.
    2239.)

-COD-
                               CODIFICATION                           
      The provisions of subsec. (a) of section 501 of Pub. L. 90-537
    which amended this section are only a part of said subsec. (a). The
    remainder of said subsec. (a) amended section 620a of this title
    and enacted provisions set out as notes under this section and
    section 620k of this title.

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-470 struck out proviso that construction of
    Uintah unit of Central Utah project not be undertaken by the
    Secretary until he has completed a feasibility report on such unit
    and submitted it to Congress, along with his certification that, in
    his judgment, the benefits of such unit or segment will exceed the
    cost and that such unit is physically and financially feasible, and
    that the Congress has authorized appropriations for construction
    thereof.
      Pub. L. 96-375 substituted "Wayne N. Aspinall" for "Curecanti".
      1968 - Pub. L. 90-537 added Uintah unit to initial phase in
    Central Utah project, substituted "Animas-La Plata, Dolores, Dallas
    Creek, West Divide, San Miguel" for "Pine River Extension", and
    inserted proviso prohibiting construction of Uintah unit of Central
    Utah project until a feasibility study is made, a determination is
    made that its benefits will exceed its costs and an authorization
    for appropriations is made by Congress.
      1964 - Pub. L. 88-568 included Savery-Pot Hook, Bostwick Park,
    and Fruitland Mesa as participating projects.
      1962 - Pub. L. 87-483 included San Juan-Chama (initial stage) and
    Navajo Indian as participating projects in cl. (2).

                                SHORT TITLE                            
      Act Apr. 11, 1956, which enacted this chapter, is popularly known
    as the "Colorado River Storage Project Act".

                         PURPOSE OF 1968 AMENDMENT                     
      Section 501(a) of Pub. L. 90-537 provided that the amendment of
    this section and section 620a of this title by such section 501(a)
    were made in order to provide for the construction, operation, and
    maintenance of the Animas-La Plata Federal reclamation project,
    Colorado-New Mexico; the Dolores, Dallas Creek, West Divide, and
    San Miguel Federal reclamation projects, Colorado; and the Central
    Utah project (Uintah Unit), Utah, as participating projects under
    the Colorado River Storage Project Act, and to provide for the
    completion of planning reports on other participating projects.

-End-

-CITE-
    43 USC Sec. 620a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620a. Priority to planning reports of certain additional
      participating projects; reports to States; San Juan-Chama
      project; Juniper project

-STATUTE-
      In carrying out further investigations of projects under the
    Federal reclamation laws in the Upper Colorado River Basin, the
    Secretary shall give priority to completion of planning reports on
    the Gooseberry, Eagle Divide, Bluestone, Battlement Mesa, Grand
    Mesa, Yellow Jacket, Basalt, Middle Park (including the
    Troublesome, Rabbit Ear, and Azure units), Upper Gunnison
    (including the East River, Ohio Creek, and Tomichi Creek units),
    Lower Yampa (including the Juniper and Great Northern units), Upper
    Yampa (including the Hayden Mesa, Wessels, and Toponas units) and
    Sublette (including a diversion of water from the Green River to
    the North Platte River Basin Wyoming), Ute Indian unit of the
    Central Utah Project, San Juan County (Utah), Price River, Grand
    County (Utah), Gray Canyon, and Juniper (Utah) participating
    projects: Provided, That the planning report for the Ute Indian
    unit of the Central Utah participating project shall be completed
    on or before December 31, 1974, to enable the United States of
    America to meet the commitments heretofore made to the Ute Indian
    Tribe of the Uintah and Ouray Indian Reservation under the
    agreement dated September 20, 1965 (Contract Numbered 14-06-W-194).
    Said reports shall be completed as expeditiously as funds are made
    available therefor and shall be submitted promptly to the affected
    States, which in the case of the San Juan-Chama project shall
    include the State of Texas, and thereafter to the President and the
    Congress: Provided, That with reference to the plans and
    specifications for the San Juan-Chama project, the storage for
    control and regulation of water imported from the San Juan River
    shall (1) be limited to a single offstream dam and reservoir on a
    tributary of the Chama River, (2) be used solely for control and
    regulation and no power facilities shall be established, installed
    or operated thereat, and (3) be operated at all times by the Bureau
    of Reclamation of the Department of the Interior in strict
    compliance with the Rio Grande Compact as administered by the Rio
    Grande Compact Commission. The preparation of detailed designs and
    specifications for the works proposed to be constructed in
    connection with projects shall be carried as far forward as the
    investigations thereof indicate is reasonable in the circumstances.
      The Secretary, concurrently with the investigations directed by
    the preceding paragraph, shall also give priority to completion of
    a planning report on the Juniper project.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 2, 70 Stat. 106; Pub. L. 87-483, Sec.
    18, June 13, 1962, 76 Stat. 102; Pub. L. 88-568, Sec. 1, Sept. 2,
    1964, 78 Stat. 852; Pub. L. 90-537, title V, Sec. 501(a), Sept. 30,
    1968, 82 Stat. 897.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to chapter 12 (Sec. 371 et seq.) of
    this title. For complete classification of act June 17, 1902, to
    the Code, see Short Title note set out under section 371 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      The provisions of subsec. (a) of section 501 of Pub. L. 90-537
    which amended this section are only a part of said subsec. (a). The
    remainder of subsec. (a), amended section 620 of this title and
    enacted provisions set out as notes under sections 620 and 620k of
    this title.

-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-537 substituted Basalt, Middle Park (including
    Troublesome, Rabbit Ear, and Azure units), Upper Gunnison
    (including the East River, Ohio Creek, and Tomichi Creek units),
    Lower Yampa (including Juniper and Great Northern units), and Upper
    Yampa (including Hayden Mesa, Wessels, and Toponas units) projects
    for Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide,
    Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit
    Growers Extension, and Animas-La Plata projects, added Ute Indian
    unit of the Central Utah Project, San Juan County (Utah), Price
    River, Grand County (Utah), Gray Canyon, and Juniper (Utah)
    projects, and that portion of the Sublette projects consisting of a
    diversion of water from the Green River to the North Platte River
    Basin in Wyoming to the list of participating projects, and
    inserted proviso that planning report for Ute Indian unit of
    Central Utah project be completed on or before December 31, 1974.
      1964 - Pub. L. 88-568 struck out ", Fruitland Mesa, Bostwick
    Park" and ", Savery-Pot Hook" after "Ohio Creek" and "Dallas
    Creek", respectively.
      1962 - Pub. L. 87-483 struck out "San Juan-Chama, Navajo" after
    "Gooseberry," in first sentence.

               STORAGE OF WATER AT ABIQUIU DAM IN NEW MEXICO           
      Pub. L. 100-522, Oct. 24, 1988, 102 Stat. 2604, provided that:

      "SECTION 1. WATER STORAGE.
      "Notwithstanding any other provision of law, the Secretary of the
    Army, acting through the Chief of Engineers, is authorized to store
    200,000 acre-feet of Rio Grande system water at Abiquiu Dam, New
    Mexico, in lieu of the water storage authorized by section 5 of
    Public Law 97-140 [set out below], to the extent that contracting
    entities under section 5 of Public Law 97-140 no longer require
    such storage. The Secretary is authorized further to acquire lands
    adjacent to Abiquiu Dam on which the Secretary holds easements as
    of the date of enactment of this Act [Oct. 24, 1988] if such
    acquisition is necessary to assure proper recreational access at
    Abiquiu Dam. The Secretary is further directed to report to
    Congress as soon as possible with recommendations on additional
    easements that may be required to assure implementation of this
    Act.

      "SEC. 2. LIMITATION.
      "The authorization to store water and to acquire lands under
    section 1 is subject to the provisions of the Rio Grande Compact
    and the resolutions of the Rio Grande Compact Commission."

        STORAGE OF SAN JUAN-CHAMA PROJECT WATER IN OTHER RESERVOIRS    
      Pub. L. 97-140, Sec. 5, Dec. 29, 1981, 95 Stat. 1717, provided
    that:
      "(a) The proviso of section 2 of Public Law 84-485 [this section]
    shall not be construed to prohibit the storage of San Juan-Chama
    project water acquired by contract with the Secretary of the
    Interior pursuant to Public Law 87-483 [section 615ii et seq. of
    this title] in any reservoir, including the storage of water for
    recreation and other beneficial purposes by any party contracting
    with the Secretary for project water.
      "(b) The Secretary of the Army, acting through the Chief of
    Engineers, is authorized to enter into agreements with entities
    which have contracted with the Secretary of the Interior for water
    from the San Juan-Chama project pursuant to Public Law 87-483 for
    storage of a total of two hundred thousand acre-feet of such water
    in Abiquiu Reservoir. The Secretary of the Interior is hereby
    authorized to release San Juan-Chama project water to contracting
    entities for such storage. The agreements to thus store San Juan-
    Chama project water shall not interfere with the authorized
    purposes of the Abiquiu Dam and Reservoir project and shall include
    a requirement that each user of storage space shall pay any
    increase in operation and maintenance costs attributable to the
    storage of that user's water.
      "(c) The Secretary of the Interior is authorized to enter into
    agreements with entities which have contracted with the Secretary
    of the Interior for water from the San Juan-Chama project pursuant
    to Public Law 87-483 for storage of such water in Elephant Butte
    Reservoir. The Secretary of the Interior is hereby authorized to
    release San Juan-Chama project water to contracting entities for
    such storage. Any increase in operation and maintenance costs
    resulting from such storage not offset by increased power revenues
    resulting from that storage shall be paid proportionately by the
    entities for which the San Juan-Chama project water is stored.
      "(d) The amount of evaporation loss and spill chargeable to San
    Juan-Chama project water stored pursuant to subsections (b) and (c)
    of this section shall be accounted as required by the Rio Grande
    compact and the procedures established by the Rio Grande Compact
    Commission."

-End-

-CITE-
    43 USC Sec. 620a-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620a-1. Construction of participating projects to be
      concurrent with Central Arizona Project

-STATUTE-
      The Secretary is directed to proceed as nearly as practicable
    with the construction of the Animas-La Plata, Dolores, Dallas
    Creek, West Divide, and San Miguel participating Federal
    reclamation projects concurrently with the construction of the
    Central Arizona Project, to the end that such projects shall be
    completed not later than the date of the first delivery of water
    from said Central Arizona Project: Provided, That an appropriate
    repayment contract for each of said participating projects shall
    have been executed as provided in section 620c of this title before
    construction shall start on that particular project.

-SOURCE-
    (Pub. L. 90-537, title V, Sec. 501(b), Sept. 30, 1968, 82 Stat.
    897.)

-COD-
                               CODIFICATION                           
      Section consists of subsec. (b) of section 501 of Pub. L. 90-537.
    Subsecs. (a), (d), and (e) of section 501 are classified to
    sections 620, 620 note, 620a, 620a-2, 620c-1, and 620k note of this
    title. Subsec. (c) and (f) of section 501 are not classified to the
    Code.
      Section was enacted as part of the Colorado River Basin Project
    Act, and not as part of act Apr. 11, 1956, popularly known as the
    Colorado River Storage Project Act, which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 620a-2                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620a-2. Establishment of nonexcess irrigable acreage for
      participating projects

-STATUTE-
      The Secretary shall, for the Animas-La Plata, Dolores, Dallas
    Creek, San Miguel, West Divide, and Seedskadee participating
    projects of the Colorado River storage project, establish the
    nonexcess irrigable acreage for which any single ownership may
    receive project water at one hundred and sixty acres of class 1
    land or the equivalent thereof, as determined by the Secretary, in
    other land classes.

-SOURCE-
    (Pub. L. 90-537, title V, Sec. 501(d), Sept. 30, 1968, 82 Stat.
    898.)

-COD-
                               CODIFICATION                           
      Section consists of subsec. (d) of section 501 of Pub. L. 90-537.
    Subsecs. (a), (b), and (e) of section 501 are classified to
    sections 620, 620 note, 620a, 620a-1, 620c-1, and 620k note of this
    title. Subsecs. (c) and (f) of section 501 are not classified to
    the Code.
      Section was enacted as part of the Colorado River Basin Project
    Act, and not as part of act Apr. 11, 1956, popularly known as the
    Colorado River Storage Project Act, which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 620b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620b. Congressional intent; additional undesignated projects
      not precluded; construction not authorized within national park
      or monument

-STATUTE-
      It is not the intention of Congress, in authorizing only those
    projects designated in section 620 of this title, and in
    authorizing priority in planning only those additional projects
    designated in section 620a of this title, to limit, restrict, or
    otherwise interfere with such comprehensive development as will
    provide for the consumptive use by States of the Upper Colorado
    River Basin of waters, the use of which is apportioned to the Upper
    Colorado River Basin by the Colorado River Compact and to each
    State thereof by the Upper Colorado River Basin Compact, nor to
    preclude consideration and authorization by the Congress of
    additional projects under the allocations in the compacts as
    additional needs are indicated. It is the intention of Congress
    that no dam or reservoir constructed under the authorization of
    this chapter shall be within any national park or monument.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 3, 70 Stat. 107.)

-End-

-CITE-
    43 USC Sec. 620c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620c. Laws governing; irrigation repayment contracts; time for
      making contract; contracts for municipal water; payment by Indian
      lands; restricted delivery of water for excess commodity;
      apportionments of use

-STATUTE-
      Except as otherwise provided in this chapter, in constructing,
    operating, and maintaining the units of the Colorado River storage
    project and the participating projects listed in section 620 of
    this title, the Secretary shall be governed by the Federal
    reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts
    amendatory thereof or supplementary thereto): Provided, That (a)
    irrigation repayment contracts shall be entered into which, except
    as otherwise provided for the Paonia and Eden projects, provide for
    repayment of the obligation assumed thereunder with respect to any
    project contract unit over a period of not more than fifty years
    exclusive of any development period authorized by law; (b) prior to
    construction of irrigation distribution facilities, repayment
    contracts shall be made with an "organization" as defined in
    section 485a(g) of this title which has the capacity to levy
    assessments upon all taxable real property located within its
    boundaries to assist in making repayments, except where a
    substantial proportion of the lands to be served are owned by the
    United States; (c) contracts relating to municipal water supply may
    be made without regard to the limitations of the last sentence of
    section 485h(c) of this title; and (d), as to Indian lands within,
    under or served by any participating project, payment of
    construction costs within the capability of the land to repay shall
    be subject to section 386a of title 25: Provided further, That for
    a period of ten years from April 11, 1956, no water from any
    participating project authorized by this chapter shall be delivered
    to any water user for the production on newly irrigated lands of
    any basic agricultural commodity, as defined in the Agricultural
    Act of 1949 [7 U.S.C. 1421 et seq.], or any amendment thereof, if
    the total supply of such commodity for the marketing year in which
    the bulk of the crop would normally be marketed is in excess of the
    normal supply as defined in section 1301(b)(10) of title 7 unless
    the Secretary of Agriculture calls for an increase in production of
    such commodity in the interest of national security. All units and
    participating projects shall be subject to the apportionments of
    the use of water between the Upper and Lower Basins of the Colorado
    River and among the States of the Upper Basin fixed in the Colorado
    River Compact and the Upper Colorado River Basin Compact,
    respectively, and to the terms of the treaty with the United
    Mexican States (Treaty Series 994).

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 4, 70 Stat. 107.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to chapter 12
    (Sec. 371 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    371 of this title and Tables.
      The Agricultural Act of 1949, referred to in text, is act Oct.
    31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified
    principally to chapter 35A (Sec. 1421 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 1421 of Title 7 and
    Tables.

-End-

-CITE-
    43 USC Sec. 620c-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620c-1. Laws governing priority of appropriation

-STATUTE-
      In the diversion and storage of water for any project or any
    parts thereof constructed under the authority of the Colorado River
    Basin Project Act [43 U.S.C. 1501 et seq.] or the Colorado River
    Storage Project Act [43 U.S.C. 620 et seq.] within and for the
    benefit of the State of Colorado only, the Secretary is directed to
    comply with the constitution and statutes of the State of Colorado
    relating to priority of appropriation; with State and Federal court
    decrees entered pursuant thereto; and with operating principles, if
    any, adopted by the Secretary and approved by the State of
    Colorado.

-SOURCE-
    (Pub. L. 90-537, title V, Sec. 501(e), Sept. 30, 1968, 82 Stat.
    898.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Colorado River Basin Project Act, referred to in text, is
    Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is
    classified principally to chapter 32 (Sec. 1501 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1501 of this title and
    Tables.
      The Colorado River Storage Project Act, referred to in text, is
    act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which is
    classified generally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    620 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section consists of subsec. (e) of section 501 of Pub. L. 90-537.
    Subsecs. (a), (b), and (d) of section 501 are classified to
    sections 620, 620 note, 620a, 620a-1, 620a-2, and 620k note of this
    title. Subsecs. (c) and (f) of section 501 are not classified to
    the Code.
      Section was enacted as part of the Colorado River Basin Project
    Act, and not as part of act Apr. 11, 1956, popularly known as the
    Colorado River Storage Project Act, which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 620d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620d. Upper Colorado River Basin Fund

-STATUTE-
    (a) Authorization and availability
      There is authorized a separate fund in the Treasury of the United
    States to be known as the Upper Colorado River Basin Fund
    (hereinafter referred to as the Basin Fund), which shall remain
    available until expended, as hereafter provided, for carrying out
    provisions of this chapter other than section 620g of this title.
    (b) Crediting of appropriations
      All appropriations made for the purpose of carrying out the
    provisions of this chapter, other than section 620g of this title
    shall be credited to the Basin Fund as advances from the general
    fund of the Treasury.
    (c) Crediting and availability of revenues
      All revenues collected in connection with the operation of the
    Colorado River storage project and participating projects shall be
    credited to the Basin Fund, and shall be available, without further
    appropriation, for (1) defraying the costs of operation,
    maintenance, and replacements of, and emergency expenditures for,
    all facilities of the Colorado River storage project and
    participating projects, within such separate limitations as may be
    included in annual appropriation acts: Provided, That with respect
    to each participating project, such costs shall be paid from
    revenues received from each such project; (2) payment as required
    by subsection (d) of this section; and (3) payment as required by
    subsection (e) of this section. Revenues credited to the Basin Fund
    shall not be available for appropriation for construction of the
    units and participating projects authorized by or pursuant to this
    chapter.
    (d) Payments of revenues in excess of operating needs to Treasury
      Revenues in the Basin Fund in excess of operating needs shall be
    paid annually to the general fund of the Treasury to return - 
        (1) the costs of each unit, participating project, or any
      separable feature thereof which are allocated to power pursuant
      to section 620e of this title, within a period not exceeding
      fifty years from the date of completion of such unit,
      participating project, or separable feature thereof;
        (2) the costs of each unit, participating project, or any
      separable feature thereof which are allocated to municipal water
      supply pursuant to section 620e of this title, within a period
      not exceeding fifty years from the date of completion of such
      unit, participating project, or separable feature thereof;
        (3) interest on the unamortized balance of the investment
      (including interest during construction) in the power and
      municipal water supply features of each unit, participating
      project, or any separable feature thereof, at a rate determined
      by the Secretary of the Treasury as provided in subsection (f) of
      this section, and interest due shall be a first charge;
        (4) the costs of each storage unit which are allocated to
      irrigation pursuant to section 620e of this title within a period
      not exceeding fifty years; and
        (5) the costs of each salinity control unit or separable
      feature thereof, the costs of measures to replace incidental fish
      and wildlife values foregone, and the costs of the on-farm
      measures payable from the Upper Colorado River Basin Fund in
      accordance with sections 1595(a)(2), 1595(a)(3), and 1595(c) of
      this title.
    (e) Apportionment of excess revenues among States
      Revenues in the Basin Fund in excess of the amounts needed to
    meet the requirements of clause (1) of subsection (c) of this
    section, and to return to the general fund of the Treasury the
    costs set out in subsection (d) of this section, shall be
    apportioned among the States of the Upper Division in the following
    percentages: Colorado, 46 per centum; Utah, 21.5 per centum;
    Wyoming, 15.5 per centum; and New Mexico, 17 per centum: Provided,
    That prior to the application of such percentages, all revenues
    remaining in the Basin Fund from each participating project (or
    part thereof), herein or hereafter authorized, after payments,
    where applicable, with respect to such projects, to the general
    fund of the Treasury under subparagraphs (1), (2), and (3) of
    subsection (d) of this section shall be apportioned to the State in
    which such participating project, or part thereof, is located.
      Revenues so apportioned to each State shall be used only for the
    repayment of construction costs of participating projects or parts
    of such projects in the State to which such revenues are
    apportioned and shall not be used for such purpose in any other
    State without the consent, as expressed through its legally
    constituted authority, of the State to which such revenues are
    apportioned. Subject to such requirement, there shall be paid
    annually into the general fund of the Treasury from the revenues
    apportioned to each State (1) the costs of each participating
    project herein authorized (except Paonia) or any separable feature
    thereof, which are allocated to irrigation pursuant to section 620e
    of this title, within a period not exceeding fifty years, in
    addition to any development period authorized by law, from the date
    of completion of such participating project or separable feature
    thereof, or, in the case of Indian lands, payment in accordance
    with section 620c of this title; (2) costs of the Paonia project,
    which are beyond the ability of the water users to repay, within a
    period prescribed in the Act of June 25, 1947 (61 Stat. 181); and
    (3) costs in connection with the irrigation features of the Eden
    project as specified in the Act of June 28, 1949 (63 Stat. 277).
    (f) Determination of interest rate
      The interest rate applicable to each unit of the storage project
    and each participating project for purposes of computing interest
    during construction and interest on the unpaid balance shall be
    determined by the Secretary of the Treasury, as of the beginning of
    the fiscal year in which construction is initiated, on the basis of
    the computed average interest rate payable by the Treasury upon its
    outstanding marketable public obligations, which are neither due
    nor callable for redemption for fifteen years from the date of
    issue.
    (g) Budget to be submitted to Congress
      Business-type budgets shall be submitted to the Congress annually
    for all operations financed by the Basin Fund.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 5, 70 Stat. 107; Pub. L. 86-529, Sec.
    9 (part), June 27, 1960, 74 Stat. 227; Pub. L. 87-483, Sec. 18,
    June 13, 1962, 76 Stat. 102; Pub. L. 93-320, title II, Sec. 205(d),
    June 24, 1974, 88 Stat. 273; Pub. L. 98-569, Sec. 4(h), Oct. 30,
    1984, 98 Stat. 2939.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 25, 1947, referred to in subsec. (e), is act June 25,
    1947, ch. 148, 61 Stat. 181, which authorized the construction,
    operation, and maintenance of the Paonia Federal reclamation
    project, Colorado, and which is not classified to the Code.
      Act of June 28, 1949, referred to in subsec. (e), is act June 28,
    1949, ch. 255, 63 Stat. 277, which authorized the completion of
    construction and development of the Eden project, Wyoming, and
    which is not classified to the Code.

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (d)(5). Pub. L. 98-569 inserted ", the costs of
    measures to replace incidental fish and wildlife values foregone,
    and the costs of the on-farm measures" before "payable".
      1974 - Subsec. (d)(5). Pub. L. 93-320 added par. (5).
      1962 - Subsec. (e). Pub. L. 87-483 substituted "hereafter" for
    "hereinafter" in proviso in first par.
      1960 - Subsec. (f). Pub. L. 86-529 required Secretary, for
    purposes of computing interest during construction and interest on
    unpaid balance, to determine interest rate as of beginning of
    fiscal year in which construction is initiated, on basis of
    computed average interest rate payable by the Treasury upon its
    outstanding marketable public obligations, which are neither due
    nor callable for redemption for fifteen years from date of issue.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section
    6 of Pub. L. 98-569, set out as a note under section 1591 of this
    title.

                     EFFECTIVE DATE OF 1960 AMENDMENT                 
      Section 9 of Pub. L. 86-529 provided that the amendment made by
    that section is effective June 1, 1960.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (g) of this section is listed
    as the 8th item on page 114), see section 3003 of Pub. L. 104-66,
    as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L.
    106-554, set out as notes under section 1113 of Title 31, Money and
    Finance.

-End-

-CITE-
    43 USC Sec. 620d-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620d-1. Reimbursement of Fund from Colorado River Development
      Fund; operation of Hoover Dam

-STATUTE-
      The Upper Colorado River Basin Fund established under section
    620d of this title shall be reimbursed from the Colorado River
    Development Fund established by section 618a of this title for the
    money expended heretofore or hereafter from the Upper Colorado
    River Basin Fund to meet deficiencies in generation at Hoover Dam
    during the filling period of storage units of the Colorado River
    storage project pursuant to the criteria for the filling of Glen
    Canyon Reservoir (27 Fed. Reg. 6851, July 19, 1962). For this
    purpose, $500,000 for each year of operation of Hoover Dam and
    powerplant, commencing with fiscal year 1970, shall be transferred
    from the Colorado River Development Fund to the Upper Colorado
    River Basin Fund, in lieu of application of said amounts to the
    purposes stated in section 618a(d) of this title, until such
    reimbursement is accomplished. To the extent that any deficiency in
    such reimbursement remains as of June 1, 1987, the amount of the
    remaining deficiency shall then be transferred to the Upper
    Colorado River Basin Fund from the Lower Colorado River Basin
    Development Fund, as provided in section 1543(g) of this title.

-SOURCE-
    (Pub. L. 90-537, title V, Sec. 502, Sept. 30, 1968, 82 Stat. 898.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Colorado River Basin Project
    Act, and not as part of act Apr. 11, 1956, popularly known as the
    Colorado River Storage Project Act, which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 620e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620e. Cost allocations; Indian lands; report to Congress

-STATUTE-
      Upon completion of each unit, participating project or separable
    feature thereof, the Secretary shall allocate the total costs
    (excluding any expenditures authorized by section 620g of this
    title) of constructing said unit, project or feature to power,
    irrigation, municipal water supply, flood control, navigation, or
    any other purposes authorized under reclamation law. Allocations of
    construction, operation and maintenance costs to authorized
    nonreimbursable purposes shall be nonreturnable under the
    provisions of this chapter. In the event that the Navajo
    participating project is authorized, the costs allocated to
    irrigation of Indian-owned tribal or restricted lands within,
    under, or served by such project, and beyond the capability of such
    lands to repay, shall be determined, and, in recognition of the
    fact that assistance to the Navajo Indians is the responsibility of
    the entire nation, such costs shall be nonreimbursable. On January
    1 of each year the Secretary shall report to the Congress for the
    previous fiscal year, beginning with the fiscal year 1957, upon the
    status of the revenues from, and the cost of, constructing,
    operating, and maintaining the Colorado River storage project and
    the participating projects. The Secretary's report shall be
    prepared to reflect accurately the Federal investment allocated at
    that time to power, to irrigation, and to other purposes, the
    progress of return and repayment thereon, and the estimated rate of
    progress, year by year, in accomplishing full repayment.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 6, 70 Stat. 109.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation law, referred to in text, probably means act June
    17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as
    the Reclamation Act, which is classified generally to chapter 12
    (Sec. 371 et seq.) of this title. For complete classification of
    act June 17, 1902, to the Code, see Short Title note set out under
    section 371 of this title and Tables.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under this section is listed as the 11th
    item on page 114), see section 3003 of Pub. L. 104-66, as amended,
    and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set
    out as notes under section 1113 of Title 31, Money and Finance.

-End-

-CITE-
    43 USC Sec. 620f                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620f. Powerplant operations

-STATUTE-
      The hydroelectric powerplants and transmission lines authorized
    by this chapter to be constructed, operated, and maintained by the
    Secretary shall be operated in conjunction with other Federal
    powerplants, present and potential, so as to produce the greatest
    practicable amount of power and energy that can be sold at firm
    power and energy rates, but in the exercise of the authority hereby
    granted he shall not affect or interfere with the operation of the
    provisions of the Colorado River Compact, the Upper Colorado River
    Basin Compact, the Boulder Canyon Project Act [43 U.S.C. 617 et
    seq.], the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et
    seq.], and any contract lawfully entered into under said Compacts
    and Acts. Subject to the provisions of the Colorado River Compact,
    neither the impounding nor the use of water for the generation of
    power and energy at the plants of the Colorado River storage
    project shall preclude or impair the appropriation of water for
    domestic or agricultural purposes pursuant to applicable State law.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 7, 70 Stat. 109; Pub. L. 87-483, Sec.
    18, June 13, 1962, 76 Stat. 102.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Boulder Canyon Project Act, referred to in text, is act Dec.
    21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified
    generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this
    title. For complete classification of this Act to the Code, see
    section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in text,
    is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is
    classified generally to subchapter II (Sec. 618 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 618o of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1962 - Pub. L. 87-483 substituted "into" for "unto".

-End-

-CITE-
    43 USC Sec. 620g                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620g. Recreational and fish and wildlife facilities

-STATUTE-
      In connection with the development of the Colorado River storage
    project and of the participating projects, the Secretary is
    authorized and directed to investigate, plan, construct, operate,
    and maintain (1) public recreational facilities on lands withdrawn
    or acquired for the development of said project or of said
    participating projects, to conserve the scenery, the natural,
    historic, and archeologic objects, and the wildlife on said lands,
    and to provide for public use and enjoyment of the same and of the
    water areas created by these projects by such means as are
    consistent with the primary purposes of said projects; and (2)
    facilities to mitigate losses of, and improve conditions for, the
    propagation of fish and wildlife. The Secretary is authorized to
    acquire lands necessary for the construction, operation, and
    maintenance of the facilities herein provided, and to dispose of
    them to Federal, State, and local governmental agencies by lease,
    transfer, exchange, or conveyance upon such terms and conditions as
    will best promote their development and operation in the public
    interest. All costs incurred pursuant to this section shall be
    nonreimbursable and nonreturnable.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 8, 70 Stat. 110; Pub. L. 94-579,
    title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out provisions authorizing
    withdrawal of public lands from entry or other disposition under
    the public land laws.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 620h                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620h. Saving provisions

-STATUTE-
      Nothing contained in this chapter shall be construed to alter,
    amend, repeal, construe, interpret, modify, or be in conflict with
    the provisions of the Boulder Canyon Project Act (45 Stat. 1057)
    [43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act
    (54 Stat. 774) [43 U.S.C. 618 et seq.], the Colorado River Compact,
    the Upper Colorado River Basin Compact, the Rio Grande Compact of
    1938, or the treaty with the United Mexican States (Treaty Series
    994).

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 9, 70 Stat. 110.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Boulder Canyon Project Act, referred to in text, is act Dec.
    21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified
    generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this
    title. For complete classification of this Act to the Code, see
    section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in text,
    is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is
    classified generally to subchapter II (Sec. 618 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 618o of this title and Tables.

-End-

-CITE-
    43 USC Sec. 620i                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620i. Expenditures; units excepted from soil survey and land
      classification requirements

-STATUTE-
      Expenditures for the Flaming Gorge, Glen Canyon, Wayne N.
    Aspinall, and Navajo initial units of the Colorado River storage
    project may be made without regard to the soil survey and land
    classification requirements of section 390a (!1) of this title.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 10, 70 Stat. 110; Pub. L. 96-375,
    Sec. 7, Oct. 3, 1980, 94 Stat. 1507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 390a of this title, referred to in text, was in the
    original a reference to the Interior Department Appropriation Act,
    1954. The soil survey and land classification requirements of that
    Act (act July 31, 1953, ch. 298, 67 Stat. 261, 266) were classified
    to section 390a of this title, prior to repeal by Pub. L. 105-362,
    title IX, Sec. 901(e)(2), Nov. 10, 1998, 112 Stat. 3289.

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-375 substituted "Wayne N. Aspinall" for
    "Curecanti".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 620j                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620j. Court decree; effectivity and approval

-STATUTE-
      The Final Judgment, Final Decree and stipulations incorporated
    therein in the consolidated cases of United States of America v.
    Northern Colorado Water Conservancy District, et al., Civil Nos.
    2782, 5016 and 5017, in the United States District Court for the
    District of Colorado, are approved, shall become effective
    immediately, and the proper agencies of the United States shall act
    in accordance therewith.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 11, 70 Stat. 110.)

-End-

-CITE-
    43 USC Sec. 620k                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620k. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated, out of any moneys in the
    Treasury not otherwise appropriated, such sums as may be required
    to carry out the purposes of this chapter, but not to exceed
    $760,000,000.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 12, 70 Stat. 110.)

-CHANGE-
                              CHANGE OF NAME                          
      Pub. L. 96-375, Sec. 7, Oct. 3, 1980, 94 Stat. 1507, provided
    that: "The Curecanti Storage Unit of the Colorado River Storage
    Project constructed under the authority of the Act of April 11,
    1956 (70 Stat. 106) [this chapter] is hereby designated and
    hereafter shall be known as the Wayne N. Aspinall Storage Unit of
    the Colorado River Storage Project. Any law, regulation, record,
    map, or other document of the United States referring to the
    Curecanti Storage Unit shall be held to refer to the Wayne N.
    Aspinall Storage Unit."

-MISC1-
              TERMINATION OF AUTHORIZATION OF APPROPRIATIONS          
      Pub. L. 102-575, title II, Sec. 201(c), Oct. 30, 1992, 106 Stat.
    4607, provided that: "Notwithstanding any provision of the Act of
    April 11, 1956 (70 Stat. 110; 43 U.S.C. 620k) [this chapter], the
    Act of September 2, 1964 (78 Stat. 852) [Pub. L. 88-568, see Tables
    for classification], the Act of September 30, 1968 (82 Stat. 885)
    [see Short Title note set out under section 1501 of this title],
    the Act of August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note), and
    the Act of October 31, 1988 (102 Stat. 2826) [enacting section 79-1
    of Title 16, Conservation, and provisions set out as notes under
    this section and section 461 of Title 16] to the contrary, the
    authorization of appropriations for construction of any Colorado
    River Storage Project participating project located in the State of
    Utah shall terminate five years after the date of enactment of this
    Act [Oct. 30, 1992] unless: (1) the Secretary [of the Interior]
    executes a cost-sharing agreement with the District [Central Utah
    Water Conservancy District] for construction of such project, and
    (2) the Secretary has requested, or the Congress has appropriated,
    construction funds for such project."

      AUTHORIZATION OF ADDITIONAL AMOUNTS FOR COLORADO RIVER STORAGE
                                  PROJECT
      Pub. L. 102-575, title II, Sec. 201(a)(1), Oct. 30, 1992, 106
    Stat. 4606, provided that: "In order to provide for the completion
    of the Central Utah Project and other features described in this
    Act [see Short Title of 1992 Amendment note set out under section
    371 of this title], the amount which section 12 of the Act of April
    11, 1956 (70 Stat. 110; 43 U.S.C. 620k), authorizes to be
    appropriated, which was increased by the Act of August 10, 1972 (86
    Stat. 525; 43 U.S.C. 620k note) and the Act of October 31, 1988
    (102 Stat. 2826) [43 U.S.C. 620k note], is hereby further increased
    by $924,206,000 (January 1991) plus or minus such amounts, if any,
    as may be required by reason of changes in construction costs as
    indicated by engineering cost indexes applicable to the type of
    construction involved: Provided, however, That of the amounts
    authorized to be appropriated by this section, the Secretary [of
    the Interior] is not authorized to obligate or expend amounts in
    excess of $214,352,000 for the features identified in the Report of
    the Senate Committee on Energy and Natural Resources accompanying
    the bill H.R. 429 [S. Rept. No. 102-267, One Hundred Second
    Congress]. This additional sum shall be available solely for
    design, engineering, and construction of the facilities identified
    in title II of this Act [106 Stat. 4605] and for the planning and
    implementation of the fish and wildlife and recreation mitigation
    and conservation projects and studies authorized in titles III and
    IV of this Act [106 Stat. 4625, 4648], and for the Ute Indian
    Settlement authorized in title V of this Act [106 Stat. 4650]."
      Pub. L. 100-563, Sec. 1, Oct. 31, 1988, 102 Stat. 2826, provided
    that: "In order to provide for the continued construction of the
    Colorado River Storage Project, and for the continued construction
    of the municipal and industrial water features of the Bonneville
    Unit of the Central Utah Project, the amount which section 12 of
    the Act of April 11, 1956 (70 Stat. 110; 43 U.S.C. 620k),
    authorizes to be appropriated, which was increased by the Act of
    August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note), is hereby
    further increased by $45,456,000 plus or minus such amounts, if
    any, as may be required by reason of changes in construction costs
    as indicated by engineering cost indexes applicable to the type of
    construction involved. This additional sum shall be available
    solely for continuing construction of the previously authorized
    units and projects named in such Act of August 10, 1972."

     ADDITIONAL APPROPRIATIONS AUTHORIZED FOR CERTAIN PROJECTS IN THE
                        UPPER COLORADO RIVER BASIN
      Pub. L. 92-370, Aug. 10, 1972, 86 Stat. 525, provided: "That in
    order to provide for completion of construction of the Curecanti,
    Flaming Gorge, Glen Canyon, and Navajo units, and transmission
    division of the Colorado River storage project, and for completion
    of construction of the following participating projects: Central
    Utah (initial phase - Bonneville, Jensen, Upalco, and Vernal
    units), Emery County, Florida, Hammond, LaBarge, Lyman, Paonia,
    Seedskadee, Silt, and Smith Fork; the amount which section 12 of
    the Act of April 11, 1956 (79 Stat. 105) [this section] authorizes
    to be appropriated is hereby further increased by the sum of
    $610,000,000, plus or minus such amounts, if any, as may be
    required, by reason of changes in construction costs as indicated
    by engineering cost indexes applicable to the type of construction
    involved. This additional sum shall be available solely for
    continuing construction of the previously authorized units and
    projects named herein."

    ADDITIONAL APPROPRIATIONS AUTHORIZED FOR CONSTRUCTION OF ANIMAS-LA
    PLATA, DOLORES, DALLAS CREEK, WEST DIVIDE, AND SAN MIGUEL PROJECTS
      Pub. L. 90-537, title V, Sec. 501(a), Sept. 30, 1968, 82 Stat.
    897, provided in part that: "The amount which section 12 of said
    Act [this section] authorizes to be appropriated is hereby further
    increased by the sum of $392,000,000 plus or minus such amounts, if
    any, as may be required, by reason of changes in construction costs
    as indicated by engineering cost indices applicable to the type of
    construction involved. This additional sum shall be available
    solely for the construction of the Animas-La Plata, Dolores, Dallas
    Creek, West Divide, and San Miguel projects herein authorized."

-End-

-CITE-
    43 USC Sec. 620l                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620l. Net power revenues

-STATUTE-
      In planning the use of, and in using credits from, net power
    revenues available for the purpose of assisting in the pay-out of
    costs of participating projects herein and hereafter authorized in
    the States of Colorado, New Mexico, Utah, and Wyoming, the
    Secretary shall have regard for the achievement within each of said
    States of the fullest practicable use of the waters of the Upper
    Colorado River system, consistent with the apportionment thereof
    among such States.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 13, 70 Stat. 110.)

-End-

-CITE-
    43 USC Sec. 620m                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620m. Compliance with law required in operation of facilities;
      enforcement of provisions

-STATUTE-
      In the operation and maintenance of all facilities, authorized by
    Federal law and under the jurisdiction and supervision of the
    Secretary of the Interior, in the basin of the Colorado River, the
    Secretary of the Interior is directed to comply with the applicable
    provisions of the Colorado River Compact, the Upper Colorado River
    Basin Compact, the Boulder Canyon Project Act [43 U.S.C. 617 et
    seq.], the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et
    seq.], and the Treaty with the United Mexican States, in the
    storage and release of water from reservoirs in the Colorado River
    Basin. In the event of the failure of the Secretary of the Interior
    to so comply, any State of the Colorado River Basin may maintain an
    action in the Supreme Court of the United States to enforce the
    provisions of this section, and consent is given to the joinder of
    the United States as a party in such suit or suites, as a defendant
    or otherwise.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 14, 70 Stat. 110.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Boulder Canyon Project Act, referred to in text, is act Dec.
    21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified
    generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this
    title. For complete classification of this Act to the Code, see
    section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in text,
    is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is
    classified generally to subchapter II (Sec. 618 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 618o of this title and Tables.

-End-

-CITE-
    43 USC Sec. 620n                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620n. Water quality study and reports

-STATUTE-
      The Secretary of the Interior is directed to continue studies and
    to make a report to the Congress and to the States of the Colorado
    River Basin on the quality of water of the Colorado River.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 15, 70 Stat. 111.)

-End-

-CITE-
    43 USC Sec. 620o                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-
    Sec. 620o. Definitions

-STATUTE-
      As used in this chapter - 
      The terms "Colorado River Basin", "Colorado River Compact",
    "Colorado River System", "Lee Ferry", "States of the Upper
    Division", "Upper Basin", and "domestic use" shall have the meaning
    ascribed to them in article II of the Upper Colorado River Basin
    Compact;
      The term "States of the Upper Colorado River Basin" shall mean
    the States of Arizona, Colorado, New Mexico, Utah, and Wyoming;
      The term "Upper Colorado River Basin" shall have the same meaning
    as the term "Upper Basin";
      The term "Upper Colorado River Basin Compact" shall mean that
    certain compact executed on October 11, 1948 by commissioners
    representing the States of Arizona, Colorado, New Mexico, Utah, and
    Wyoming, and consented to by the Congress of the United States of
    America by Act of April 6, 1949 (63 Stat. 31);
      The term "Rio Grande Compact" shall mean that certain compact
    executed on March 18, 1938, by commissioners representing the
    States of Colorado, New Mexico, and Texas and consented to by the
    Congress of the United States of America by Act of May 31, 1939 (53
    Stat. 785);
      The term "Treaty with the United Mexican States" shall mean that
    certain treaty between the United States of America and the United
    Mexican States, signed at Washington, District of Columbia,
    February 3, 1944, relating to the utilization of the waters of the
    Colorado River and other rivers, as amended and supplemented by the
    protocol dated November 14, 1944, and the understandings recited in
    the Senate resolution of April 18, 1945, advising and consenting to
    ratification thereof.

-SOURCE-
    (Apr. 11, 1956, ch. 203, Sec. 16, 70 Stat. 111.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of April 6, 1949, referred to in text, is act Apr. 6, 1949,
    ch. 48, 63 Stat. 31, which is not classified to the Code.
      Act of May 31, 1939, referred to in text, is act May 31, 1939,
    ch. 155, 53 Stat. 785, which is not classified to the Code.

-End-

-CITE-
    43 USC CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE
           IRRIGATION DISTRICTS                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
     CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS 

-MISC1-
    Sec.                                                     
    621.        Subjection of lands in State irrigation district to
                 State laws generally.                                
    622.        Cost of construction and maintenance of irrigation
                 project as charge on land.                           
    623.        Map of district and plan of irrigation project;
                 approval by Secretary.                               
    624.        Entry of approval on land records.                    
    625.        Release of unentered land from lien on noncompletion
                 of irrigation project.                               
    626.        Enforcement of lien against entered but unpatented
                 land.                                                
    627.        Sale of unpatented and unentered land prohibited;
                 suspension of entry.                                 
    628.        Patents to entered but unpatented land.               
    629.        Delivery of notices required by State law; right to
                 hearing, appeal, etc.                                
    630.        Disposition by Government of proceeds of land sold.   

-End-

-CITE-
    43 USC Sec. 621                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 621. Subjection of lands in State irrigation district to State
      laws generally

-STATUTE-
      When in any State of the United States under the irrigation
    district laws of said State there has, prior to August 11, 1916,
    been organized and created or shall thereafter be organized and
    created any irrigation district for the purpose of irrigating the
    lands situated within said irrigation district, and in which
    irrigation district so created or to be created there shall be
    included any of the public lands of the United States, such public
    lands so situated in said irrigation district, when subject to
    entry, and entered lands within said irrigation district, for which
    no final certificates have been issued, which may be designated by
    the Secretary of the Interior in the approval by him of the map and
    plat of an irrigation district as provided in section 623 of this
    title, are made and declared to be subject to all the provisions of
    the laws of the State in which such lands shall be situated
    relating to the organization, government, and regulation of
    irrigation districts for the reclamation and irrigation of arid
    lands for agricultural purposes, to the same extent and in the same
    manner in which the lands of a like character held under private
    ownership are or may be subject to said laws: Provided, That the
    United States and all persons legally holding unpatented lands
    under entry made under the public land laws of the United States
    are accorded all the rights, privileges, benefits, and exemptions
    given by said State laws to persons holding lands of a like
    character under private ownership except as in this chapter
    otherwise provided: Provided further, That this chapter shall not
    apply to any irrigation district comprising a majority acreage of
    unentered land.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 1, 39 Stat. 506.)

-End-

-CITE-
    43 USC Sec. 622                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 622. Cost of construction and maintenance of irrigation
      project as charge on land

-STATUTE-
      The cost of constructing, acquiring, purchasing, or maintaining
    the canals, ditches, reservoirs, reservoir sites, water, water
    right, rights-of-way, or other property incurred in connection with
    any irrigation project under said irrigation district laws shall be
    equitably apportioned among lands held under private ownership,
    lands legally covered by unpatented entries, and unentered public
    lands included in said irrigation district. Officially certified
    lists of the amounts of charges assessed against the smallest legal
    subdivision of said lands shall be furnished to the officer
    designated by the Secretary of the Interior of the land district
    within which the lands affected are located as soon as such charges
    are assessed; but nothing in this chapter shall be construed as
    creating any obligation against the United States to pay any of
    said charges, assessments, or debts incurred.
      All charges legally assessed shall be a lien upon unentered lands
    and upon lands covered by unpatented entries included in said
    irrigation district.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 2, 39 Stat. 507; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" substituted
    for "register" on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished all registers of district land offices and
    transferred functions of register of district land offices to
    Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 623                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 623. Map of district and plan of irrigation project; approval
      by Secretary

-STATUTE-
      No unentered lands and no entered lands for which no final
    certificates have been issued shall be subject to the lien or liens
    herein contemplated until there shall have been submitted by said
    irrigation district to the Secretary of the Interior, and approved
    by him, a map or plat of said district and sufficient detailed
    engineering data to demonstrate to the satisfaction of the
    Secretary of the Interior the sufficiency of the water supply and
    the feasibility of the project, and which shall explain the plan or
    mode of irrigation in those irrigation districts where the
    irrigation works have not been constructed, and which plan shall be
    sufficient to thoroughly irrigate and reclaim said land and prepare
    it to raise ordinary agricultural crops, and which shall also show
    the source of water to be used for irrigation of land included in
    said district: Provided, That in those irrigation districts
    organized prior to August 11, 1916, and whose irrigation works had
    then been constructed and were then in operation as soon as a
    satisfactory map, plat, and plan shall have been approved by the
    Secretary of the Interior, as in this chapter provided, such
    entered and unentered lands shall be subject to all district taxes
    and assessments theretofore actually levied against the lands in
    said district and in the same manner in which lands of a like
    character held under private ownership are subject to liens and
    assessments.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 3, 39 Stat. 507.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 3 (less the first proviso) of act
    Aug. 11, 1916. The remainder of section 3 is classified to section
    625 of this title.

-End-

-CITE-
    43 USC Sec. 624                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 624. Entry of approval on land records

-STATUTE-
      Upon the approval of the district map or plat as hereinbefore
    provided by the Secretary of the Interior the officer designated by
    the Secretary of the Interior will note said approval upon his
    records where any unentered or entered and unpatented lands are
    affected.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 4, 39 Stat. 508; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" substituted
    for "register" on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished all registers of district land offices and
    transferred function of register of district land offices to
    Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 625                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 625. Release of unentered land from lien on noncompletion of
      irrigation project

-STATUTE-
      The Secretary of the Interior may, upon the expiration of ten
    years from the date of his approval of said map and plan of any
    irrigation district, release from the lien authorized by this
    chapter any unentered land or lands upon which final certificate
    has not issued, for which irrigation works have not been
    constructed and water of such district made available for the land.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 3, 39 Stat. 508.)

-COD-
                               CODIFICATION                           
      Section is comprised of the first proviso in section 3 of act
    Aug. 11, 1916. The remainder of section 3 is classified to section
    623 of this title.

-End-

-CITE-
    43 USC Sec. 626                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 626. Enforcement of lien against entered but unpatented land

-STATUTE-
      The lien described in section 622 of this title upon land covered
    by unpatented entries may be enforced upon said unpatented lands by
    the sale thereof in the same manner and under the same proceeding
    whereby said assessments are enforced against lands held under
    private ownership: Provided, That in the case of entered unpatented
    lands the title or interest which such irrigation district may
    convey by tax sale, tax deed, or as a result of any tax proceeding
    shall be subject to the following conditions and limitations: If
    such unpatented land be withdrawn under the Act of June 17, 1902
    (32 Stat. 388), known as the reclamation Act, or subject to the
    provisions of said Act, then the interest which the district may
    convey by such tax proceedings or tax deed shall be subject to a
    prior lien reserved to the United States for all the unpaid charges
    authorized by the said Act, but the holder of such tax deed or tax
    title resulting from such district tax shall be entitled to all the
    rights and privileges in the land included in such tax title or tax
    deed of an assignee under the provisions of section 441 of this
    title, and upon submission to the United States land office of the
    district in which the land is located of satisfactory proof of such
    tax title, the name of the holder thereof shall be indorsed upon
    the records of such land office as entitled to the rights of one
    holding a complete and valid assignment under section 441 of this
    title and such person may at any time thereafter receive patent
    upon submitting satisfactory proof of the reclamation and
    irrigation required by Act June 17, 1902, and Acts amendatory
    thereto, and making the payments required by said Acts.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 2, 39 Stat. 507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to chapter 12
    (Sec. 371 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    371 of this title and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 627                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 627. Sale of unpatented and unentered land prohibited;
      suspension of entry

-STATUTE-
      No public lands which were unentered at the time any tax or
    assessment was levied against same by such irrigation district
    shall be sold for such taxes or assessments, but such tax or
    assessment shall be and continue a lien upon such lands, and not
    more than one hundred and sixty acres of such land shall be entered
    by any one person; and when such lands shall be applied for, after
    said approval by the Secretary of the Interior, under the homestead
    or desert-land laws of the United States the application shall be
    suspended for a period of thirty days to enable the applicant to
    present a certificate from the proper district or county officer
    showing that no unpaid district charges are due and delinquent
    against said land.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 5, 39 Stat. 508.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The desert-land laws of the United States, referred to in text,
    are classified generally to chapter 9 (Sec. 321 et seq.) of this
    title.

-End-

-CITE-
    43 USC Sec. 628                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 628. Patents to entered but unpatented land

-STATUTE-
      Any entered but unpatented lands not subject to reclamation Act
    of June 17, 1902 (32 Stat. 388) sold in the manner and for the
    purposes mentioned in this chapter may be patented to the purchaser
    thereof or his assignee at any time after the expiration of the
    period of redemption allowed by law under which it may have been
    sold (no redemption having been made) upon the payment to the
    officer designated by the Secretary of the Interior of the local
    land office of the minimum price of $1.25 per acre, or such other
    price as may be fixed by law for such lands, together with the
    usual fees and commissions charged in entries of like lands under
    the homestead laws, and upon a satisfactory showing that the
    irrigation works have been constructed and that water of the
    district is available for such land; but the purchaser or his
    assignee shall, at the time of application for patent, have the
    qualification of a homestead entryman or desert-land entryman, and
    not more than one hundred and sixty acres of said land shall be
    patented to any one purchaser under the provisions of this chapter.
      These limitations shall not apply to sales to irrigation
    districts, but shall apply to purchasers from such irrigation
    districts of such land bid in by said district.
      Unless the purchaser or his assignee of such lands shall, within
    ninety days after the time for redemption has expired, pay to the
    proper officer designated by the Secretary of the Interior all fees
    and commissions and the purchase price to which the United States
    shall be entitled as provided for in this chapter, any person
    having the qualification of a homestead entryman or a desert-land
    entryman may pay to the proper officer designated by the Secretary
    of the Interior for not more than one hundred and sixty acres of
    said lands, for which payment has not been made, the unpaid
    purchase price, fees, and commissions to which the United States
    may be entitled; and upon satisfactory proof that he has paid to
    the purchaser at the tax sale, or his assignee or to the proper
    officer of the district for such purchaser or for the district, as
    the case may be, the sum for which the land was sold at sale for
    irrigation-district charges or bid in by the district at such sale,
    and in addition thereto the interest and penalties on the amount
    bid at the rate allowed by law, shall be subrogated to the rights
    of such purchaser to receive patent for said land.
      In any case where any tract of entered land lying within such
    approved irrigation district shall become vacant by relinquishment
    or cancellation for any cause, any subsequent applicant therefor
    shall be required, in addition to the qualifications and
    requirements otherwise provided, to furnish satisfactory proof by
    certificate from the proper district or county officer that he has
    paid all charges then due to the district upon said land and also
    has paid to the proper district or county officer for the holder or
    holders of any tax certificates, delinquency certificates, or other
    proper evidence of purchase at tax sale the amount for which the
    said land was sold at tax sale, together with the interest and
    penalties thereon provided by law.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 6, 39 Stat. 508; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The reclamation Act of June 17, 1902, referred to in text, is
    classified generally to chapter 12 (Sec. 371 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" substituted
    for "register" on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished all registers of district land offices and
    transferred functions of register of district land office to
    Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.
      Previously, references to "receiver" were changed to "register"
    by acts Oct. 28, 1921, and Mar. 3, 1925.

-End-

-CITE-
    43 USC Sec. 629                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 629. Delivery of notices required by State law; right to
      hearing, appeal, etc.

-STATUTE-
      All notices required by the irrigation district laws mentioned in
    this chapter shall, as soon as such notices are issued, be
    delivered to the officer designated by the Secretary of the
    Interior of the proper land office in cases where unpatented lands
    are affected thereby, and to the entryman whose unpatented lands
    are included therein, and the United States and such entryman shall
    be given the same rights to be heard by petition, answer,
    remonstrance, appeal, or otherwise as are given to persons holding
    lands in private ownership, and all entrymen shall be given the
    same rights of redemption as are given to the owners of lands held
    in private ownership.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 7, 39 Stat. 509; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer designated by the Secretary of the Interior" substituted
    for "register" on authority of section 403 of Reorg. Plan No. 3 of
    1946, which abolished all registers of district land offices and
    transferred functions of register of district land office to
    Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.
      Previously, reference to "receiver" was changed to "register" by
    acts Oct. 28, 1921 and Mar. 3, 1925.

-End-

-CITE-
    43 USC Sec. 630                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 13 - FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS

-HEAD-
    Sec. 630. Disposition by Government of proceeds of land sold

-STATUTE-
      All moneys derived by the United States from the sale of public
    lands referred to in this chapter shall be paid into such funds and
    applied as provided by law for the disposal of the proceeds from
    the sale of public lands.

-SOURCE-
    (Aug. 11, 1916, ch. 319, Sec. 8, 39 Stat. 509.)

-End-

-CITE-
    43 USC CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR
           RECLAMATION                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
       CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION   

-MISC1-
    Sec.                                                     
    641.        Grant of desert land to States authorized.            
    641a.       Issuance of quitclaim deeds; patents for segregated
                 lands.                                               
    641b.       Filing of application for quitclaim deeds.            
    641c.       Requirements of application for quitclaim deed.       
    641d.       Effective date of quitclaim; administration of lands
                 relinquished by States.                              
    642.        Liens for expenses of reclamation.                    
    643.        Repealed.                                             
    644.        Preference right to entryman under State laws.        
    645.        Additional arid lands available to Colorado, Idaho,
                 Nevada, and Wyoming for reclamation.                 
    646.        Grant extended to New Mexico and Arizona.             
    647.        Grant extended to desert lands within part of former
                 Ute Indian Reservation in Colorado.                  
    648.        Omitted.                                              

-End-

-CITE-
    43 USC Sec. 641                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 641. Grant of desert land to States authorized

-STATUTE-
      To aid the public-land States in the reclamation of the desert
    lands therein, and the settlement, cultivation and sale thereof in
    small tracts to actual settlers, the Secretary of the Interior with
    the approval of the President is, as of August 18, 1894, authorized
    and empowered, upon proper application of the State to contract and
    agree, from time to time, with each of the States in which there
    may be situated desert lands as defined by the Act approved March
    3, 1877, and the Act amendatory thereof, approved March 3, 1891,
    binding the United States to donate, grant, and patent to the State
    free of cost for survey or price such desert lands, not exceeding
    one million acres in each State, as the State may cause to be
    irrigated, reclaimed, occupied, and not less than twenty acres of
    each one hundred and sixty acre tract cultivated by actual
    settlers, as thoroughly as is required of citizens who may enter
    under the desert-land law within ten years from the date of
    approval by the Secretary of the Interior of the State's
    application for the segregation of such lands; and if actual
    construction of reclamation works is not begun within three years
    after the segregation of the lands or within such further period
    not exceeding three years, as shall be allowed by the Secretary of
    the Interior, the said Secretary of the Interior, in his
    discretion, may restore such lands to the public domain; and if the
    State fails, within ten years from the date of such segregation, to
    cause the whole or any part of the lands so segregated to be so
    irrigated and reclaimed, the Secretary of the Interior may, in his
    discretion, continue said segregation for a period not exceeding
    five years, or may, in his discretion, restore such lands not
    irrigated and reclaimed to the public domain upon the expiration of
    the ten-year period or of any extension thereof.
      Before the application of any State is allowed or any contract or
    agreement is executed or any segregation of any of the land from
    the public domain is ordered by the Secretary of the Interior, the
    State shall file a map of the said land proposed to be irrigated
    which shall exhibit a plan showing the mode of the contemplated
    irrigation and which plan shall be sufficient to thoroughly
    irrigate and reclaim said land and prepare it to raise ordinary
    agricultural crops and shall also show the source of the water to
    be used for irrigation and reclamation.
      Any State contracting under this section is authorized to make
    all necessary contracts to cause the said lands to be reclaimed,
    and to induce their settlement and cultivation in accordance with
    and subject to the provisions of this section; but the State shall
    not be authorized to lease any of said lands or to use or dispose
    of the same in any way whatever, except to secure their
    reclamation, cultivation, and settlement.
      As fast as any State may furnish satisfactory proof according to
    such rules and regulations as may be prescribed by the Secretary of
    the Interior, that any of said lands are irrigated, reclaimed, and
    occupied by actual settlers, patents shall be issued to the State
    or its assigns for said lands so reclaimed and settled: Provided,
    That said States shall not sell or dispose of more than one hundred
    and sixty acres of said lands to any one person, and any surplus of
    money derived by any State from the sale of said lands in excess of
    the cost of their reclamation, shall be held as a trust fund for
    and be applied to the reclamation of other desert lands in such
    State.

-SOURCE-
    (Aug. 18, 1894, ch. 301, Sec. 4, 28 Stat. 422; Mar. 3, 1901, ch.
    853, Sec. 3, 31 Stat. 1188; Jan. 6, 1921, ch. 10, 41 Stat. 1085;
    Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.
    2792.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved March 3, 1877, referred to in text, is act Mar. 3,
    1877, ch. 107, 19 Stat. 377, as amended, popularly known as the
    Desert Lands Act, which is classified generally to sections 321 to
    323, 325, 327 to 329 of this title. For complete classification of
    this Act to the Code, see Tables.
      The Act amendatory thereof, approved March 3, 1891, referred to
    in text, is act Mar. 3, 1891, ch. 561, 26 Stat. 1095, which enacted
    sections 161, 162, 165, 173, 174, 185, 202, 212, 321, 323, 325, 327
    to 329, 663, 671, 687a-6, 718, 728, 732, 893, 946 to 949, 989,
    1165, 1166, 1181, and 1197 of this title, sections 471, 607, 611,
    611a, and 613 of Title 16, Conservation, section 495 of Title 25,
    Indians, and sections 30, 36, 44, 45, 48, and 52 of Title 30,
    Mineral Lands and Mining. For complete classification of this Act
    to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out provisions authorizing Secretary
    of the Interior to promulgate regulations for reservation of lands
    by the State.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                                SHORT TITLE                            
      This section is popularly known as the "Carey Act".

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 641a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 641a. Issuance of quitclaim deeds; patents for segregated
      lands

-STATUTE-
      The Secretary of the Interior shall issue quitclaim deeds to the
    public-land States for all lands patented to such States under
    section 641 of this title. He shall also issue a patent for all
    unpatented public lands within each State now segregated under that
    section for which the State issued final certificates or other
    evidence of right prior to June 1, 1953, or as to which equitable
    claims to the lands accrued prior to that date (by reason of
    cultivation or improvement of the lands for agricultural
    development purposes) for conveyance to the holders of such rights
    or claims, or to their heirs, successors, or assigns.

-SOURCE-
    (Aug. 13, 1954, ch. 727, Sec. 1, 68 Stat. 703.)

-End-

-CITE-
    43 USC Sec. 641b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 641b. Filing of application for quitclaim deeds

-STATUTE-
      The Secretary shall not issue such quitclaim deeds or patents to
    any State, however, unless that State files a proper application
    for the transfer of these lands within three years after August 13,
    1954.

-SOURCE-
    (Aug. 13, 1954, ch. 727, Sec. 2, 68 Stat. 703.)

-End-

-CITE-
    43 USC Sec. 641c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 641c. Requirements of application for quitclaim deed

-STATUTE-
      The application must include a list of all the lands which the
    State certifies should be transferred under the terms of section
    641a of this title, the basis for the certification of each tract
    included, and a quitclaim or relinquishment of all right, title,
    and interest in the State to any and all other lands under section
    641 of this title. Such quitclaim or relinquishment by the State
    shall not affect any private rights obtained from the State prior
    to August 13, 1954.

-SOURCE-
    (Aug. 13, 1954, ch. 727, Sec. 3, 68 Stat. 703.)

-End-

-CITE-
    43 USC Sec. 641d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 641d. Effective date of quitclaim; administration of lands
      relinquished by States

-STATUTE-
      The quitclaim or relinquishment of all right, title, and interest
    by the State to any lands under sections 641a to 641d of this title
    shall not be effective until the Secretary has transferred the
    lands applied for under section 641a of this title. The Secretary
    shall provide for the administration and disposition under the
    public-land laws of the lands quitclaimed or relinquished by the
    States pursuant to sections 641a to 641d of this title.

-SOURCE-
    (Aug. 13, 1954, ch. 727, Sec. 4, 68 Stat. 703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public-land laws, referred to in text, are classified
    generally to this title.

-End-

-CITE-
    43 USC Sec. 642                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 642. Liens for expenses of reclamation

-STATUTE-
      Under any law heretofore or hereafter enacted by any State,
    providing for the reclamation of arid lands, in pursuance and
    acceptance of the terms of the grant made in section 641 of this
    title, a lien or liens is authorized to be created by the State to
    which such lands are granted and by no other authority whatever,
    and when created shall be valid on and against the separate legal
    subdivisions of land reclaimed, for the actual cost and necessary
    expenses of reclamation and reasonable interest thereon from the
    date of reclamation until disposed of to actual settlers; and when
    an ample supply of water is actually furnished in a substantial
    ditch or canal, or by artesian wells or reservoirs, to reclaim a
    particular tract or tracts of such lands, then patents shall issue
    for the same to such State without regard to settlement or
    cultivation: Provided, That in no event, in no contingency, and
    under no circumstances shall the United States be in any manner
    directly or indirectly liable for any amount of any such lien or
    liability, in whole or in part.

-SOURCE-
    (June 11, 1896, ch. 420, 29 Stat. 434.)

-End-

-CITE-
    43 USC Sec. 643                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 643. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act Mar. 15, 1910, ch. 96, 36 Stat. 237, authorized
    temporary withdrawal from settlement or entry of desert lands.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 644                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 644. Preference right to entryman under State laws

-STATUTE-
      The Secretary of the Interior, when restoring to the public
    domain lands that have been segregated to a State under sections
    641, 642 and 643 (!1) of this title is authorized, in his
    discretion and under such rules and regulations as he may establish
    to allow for not exceeding ninety days to any entryman under
    section 641 of this title a preference right of entry under
    applicable land laws of any of such lands which such person had
    entered under and pursuant to the State laws providing for the
    administration of the grant under section 641 of this title and
    upon which such person had established actual bona fide residence
    or had made substantial and permanent improvements: Provided, That
    each entryman shall be entitled to a credit as residence upon his
    new homestead entry allowed hereunder of the time that he has
    actually lived upon the claim as a bona fide resident thereof.

-SOURCE-
    (Feb. 14, 1920, ch. 74, 41 Stat. 407.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 643 of this title, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.
    2792.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 645                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 645. Additional arid lands available to Colorado, Idaho,
      Nevada, and Wyoming for reclamation

-STATUTE-
      An additional one million acres of arid lands within each of the
    States of Colorado, Idaho, Nevada, and Wyoming is made available
    and subject to the terms of section 641 of this title, and the
    States of Colorado, Nevada, Idaho, and Wyoming are allowed under
    the provisions of said section said additional area or so much
    thereof as may be necessary for the purposes and under the
    provisions of said section.

-SOURCE-
    (May 27, 1908, ch. 200, 35 Stat. 347; Mar. 4, 1911, ch. 285, 36
    Stat. 1417; Aug. 21, 1911, No. 7, 37 Stat. 38.)

-End-

-CITE-
    43 USC Sec. 646                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 646. Grant extended to New Mexico and Arizona

-STATUTE-
      All the provisions of sections 641, 642 and 643 (!1) of this
    title are extended to the States of New Mexico and Arizona, and the
    said States upon complying with the provisions of said sections
    shall be entitled to have and receive all of the benefits therein
    conferred upon the States.

-SOURCE-
    (Feb. 18, 1909, ch. 150, Sec. 1, 35 Stat. 638.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 643 of this title, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.
    2792.

-MISC1-
                              EFFECTIVE DATE                          
      Section 2 of act Feb. 18, 1909, provided: "That this Act
    [enacting this section] shall be in full force and effect from and
    after its passage."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 647                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 647. Grant extended to desert lands within part of former Ute
      Indian Reservation in Colorado

-STATUTE-
      The provisions of sections 641, 642 and 643 (!1) of this title
    are extended over and shall apply to the desert lands within the
    limits of all that portion of the former Ute Indian Reservation,
    not included in any national forest, in the State of Colorado,
    described and embraced in the Act entitled "An Act relating to
    lands in Colorado lately occupied by the Uncompahgre and White
    River Ute Indians," approved July 28, 1882: Provided, That before a
    patent shall issue for any of the lands aforesaid under the terms
    of the said sections the State of Colorado shall pay into the
    Treasury of the United States the sum of $1.25 per acre for the
    lands so patented, and the money so paid shall be subject to the
    provisions of section 3 of the Act of June 15, 1880, entitled "An
    Act to accept and ratify the agreements submitted by the
    confederated bands of Ute Indians in Colorado for the sale of their
    reservation in said State, and for other purposes, and to make the
    necessary appropriation for carrying out same."

      No lands shall be included in any tract to be segregated under
    the provisions of this section on which the United States
    Government has valuable improvements, or which have been reserved
    for any Indian schools or farm purposes.

-SOURCE-
    (Feb. 24, 1909, ch. 178, Secs. 1, 2, 35 Stat. 644, 645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 643 of this title, referred to in text, was repealed by
    Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.
    2792.
      Act approved July 28, 1882, referred to in text, is act July 28,
    1882, ch. 357, 22 Stat. 178, which is not classified to the Code.
      Section 3 of the Act of June 15, 1880, referred to in text, is
    section 3 of act June 15, 1880, ch. 223, 21 Stat. 199, which is not
    classified to the Code.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 648                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 14 - GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION

-HEAD-
    Sec. 648. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Feb. 26, 1917, ch. 124, 39 Stat. 942; Mar. 3, 1919,
    ch. 114, 40 Stat. 1322; June 5, 1920, ch. 249, 41 Stat. 987,
    provided for extension of time of segregation and reclamation in
    Oregon segregation lists for period of not exceeding ten years and
    not beyond January 12, 1929.

-End-

-CITE-
    43 USC CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR
           SITES                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-
           CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES       

-MISC1-
    Sec.                                                     
    661.        Appropriation of waters on public lands; rights of way
                 for canals and ditches.                              
    662.        Reservation of reservoir sites generally.             
    663.        Restriction of sites to inclusion of necessary lands. 
    664.        Rights of way over reservoir sites generally.         
    665.        Rights of way over reservoir sites for wagon road,
                 railroad, or other highway.                          
    666.        Suits for adjudication of water rights.               
                  (a)  Joinder of United States as defendant; costs.  
                  (b)  Service of summons.                            
                  (c)  Joinder in suits involving use of interstate
                        streams by State.                             

-End-

-CITE-
    43 USC Sec. 661                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-
    Sec. 661. Appropriation of waters on public lands; rights of way
      for canals and ditches

-STATUTE-
      Whenever, by priority of possession, rights to the use of water
    for mining, agricultural, manufacturing, or other purposes, have
    vested and accrued, and the same are recognized and acknowledged by
    the local customs, laws, and the decisions of courts, the
    possessors and owners of such vested rights shall be maintained and
    protected in the same; and the right of way for the construction of
    ditches and canals for the purposes herein specified is
    acknowledged and confirmed; but whenever any person, in the
    construction of any ditch or canal, injures or damages the
    possession of any settler on the public domain, the party
    committing such injury or damage shall be liable to the party
    injured for such injury or damage.
      All patents granted, or preemption or homesteads allowed, shall
    be subject to any vested and accrued water rights, or rights to
    ditches and reservoirs used in connection with such water rights,
    as may have been acquired under or recognized by this section.

-SOURCE-
    (R.S. Secs. 2339, 2340.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat.
    2793, provided that effective on and after Oct. 21, 1976, insofar
    as applicable to the issuance of rights-of-way over, upon, under,
    and through the public lands and lands in the National Forest
    System this section is amended to read as follows:

      Whenever, by priority of possession, rights to the use of water
    for mining, agricultural, manufacturing, or other purposes, have
    vested and accrued, and the same are recognized and acknowledged by
    the local customs, laws, and the decisions of courts, the
    possessors and owners of such vested rights shall be maintained and
    protected in the same.
      All patents granted, or preemption or homesteads allowed, shall
    be subject to any vested and accrued water rights as may have been
    acquired under or recognized by this section.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2339 derived from act July 26, 1866, ch. 262, Sec. 9,
    14 Stat. 253.
      R.S. Sec. 2340 derived from act July 9, 1870, ch. 235, Sec. 17,
    16 Stat. 218.
      This section is also classified to sections 51 and 52 of Title
    30, Mineral Lands and Mining.

-MISC1-
                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579, insofar as applicable to the
    issuance of rights-of-way, not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 662                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-
    Sec. 662. Reservation of reservoir sites generally

-STATUTE-
      Sites for reservoirs and other hydraulic works necessary for the
    storage and utilization of water for irrigation and the prevention
    of floods and overflows, located or selected prior to August 30,
    1890, shall remain segregated and reserved from entry, or
    settlement, until otherwise provided by law, and reservoir sites
    thereafter located or selected on public lands shall in like manner
    be reserved from the date of the location or selection thereof.

-SOURCE-
    (Oct. 2, 1888, ch. 1069, 25 Stat. 526, 527; Aug. 30, 1890, ch. 837,
    Sec. 1, 26 Stat. 391; Pub. L. 94-579, title VII, Sec. 704(a), Oct.
    21, 1976, 90 Stat. 2792.)

-COD-
                               CODIFICATION                           
      Section is based on provisions contained in acts Oct. 2, 1888,
    and Aug. 30, 1890, affected by act Oct. 21, 1976.

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out provision authorizing the
    President, in his discretion, to open by proclamation any portion
    or all of the lands reserved by this section to settlement under
    the homestead laws.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 704(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 663                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-
    Sec. 663. Restriction of sites to inclusion of necessary lands

-STATUTE-
      Reservoir sites located or selected and to be located and
    selected shall be restricted to and shall contain only so much land
    as is actually necessary for the construction and maintenance of
    reservoirs; excluding so far as practicable lands occupied by
    actual settlers at the date of the location of said reservoirs.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 17, 26 Stat. 1101.)

-End-

-CITE-
    43 USC Sec. 664                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-
    Sec. 664. Rights of way over reservoir sites generally

-STATUTE-
      All reservoir sites reserved or to be reserved shall be open to
    use and occupation under sections 946 to 949 (!1) of this title,
    and any State is authorized to improve and occupy such reservoir
    sites to the same extent as an individual or private corporation,
    under such rules and regulations as the Secretary of the Interior
    may prescribe: Provided, That the charges for water coming in whole
    or part from reservoir sites used or occupied under the provisions
    of this section shall always be subject to the control and
    regulation of the respective States and Territories in which such
    reservoirs are in whole or part situate.

-SOURCE-
    (Feb. 26, 1897, ch. 335, 29 Stat. 599.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 946 to 949 of this title, referred to in text, were
    repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,
    90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as
    applicable to the issuance of rights-of-way over, upon, under, and
    through the public lands and lands in the National Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579, insofar as applicable to the issuance
    of rights-of-way, not to be construed as terminating any valid
    lease, permit, patent, etc., existing on Oct. 21, 1976, see section
    701 of Pub. L. 94-579, set out as a note under section 1701 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 665                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-
    Sec. 665. Rights of way over reservoir sites for wagon road,
      railroad, or other highway

-STATUTE-
      In the form provided by existing law, the Secretary of the
    Interior may file and approve surveys and plats of any right of way
    for a wagon road, railroad, or other highway over and across any
    reservoir site when in his judgment the public interests will not
    be injuriously affected thereby.

-SOURCE-
    (Mar. 3, 1899, ch. 427, Sec. 1, 30 Stat. 1233.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, under,
    and through the public lands and lands in the National Forest
    Systems.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 666                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-
    Sec. 666. Suits for adjudication of water rights

-STATUTE-
    (a) Joinder of United States as defendant; costs
      Consent is given to join the United States as a defendant in any
    suit (1) for the adjudication of rights to the use of water of a
    river system or other source, or (2) for the administration of such
    rights, where it appears that the United States is the owner of or
    is in the process of acquiring water rights by appropriation under
    State law, by purchase, by exchange, or otherwise, and the United
    States is a necessary party to such suit. The United States, when a
    party to any such suit, shall (1) be deemed to have waived any
    right to plead that the State laws are inapplicable or that the
    United States is not amenable thereto by reason of its sovereignty,
    and (2) shall be subject to the judgments, orders, and decrees of
    the court having jurisdiction, and may obtain review thereof, in
    the same manner and to the same extent as a private individual
    under like circumstances: Provided, That no judgment for costs
    shall be entered against the United States in any such suit.
    (b) Service of summons
      Summons or other process in any such suit shall be served upon
    the Attorney General or his designated representative.
    (c) Joinder in suits involving use of interstate streams by State
      Nothing in this section shall be construed as authorizing the
    joinder of the United States in any suit or controversy in the
    Supreme Court of the United States involving the right of States to
    the use of the water of any interstate stream.

-SOURCE-
    (July 10, 1952, ch. 651, title II, Sec. 208(a)-(c), 66 Stat. 560.)

-COD-
                               CODIFICATION                           
      Section is comprised of subsections (a) to (c) of section 208 of
    act July 10, 1952. Subsection (d) of section 208 is omitted as it
    referred to the limitation on the use of any appropriation in act
    July 10, 1952 to prepare or prosecute the suit in the U.S. District
    Court for the Southern Division of California, by the United States
    v. Fallbrook Public Utility Corporation.

-End-

-CITE-
    43 USC CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
              CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS          

-MISC1-
    Sec.                                                     
    671 to 687b-5. Repealed.                                          
    687c.       Alaskan land leases for fur farming; citizenship;
                 acreage limitation; period; terms and conditions;
                 laws applicable to mineral resources; reservations.  
    687c-1.     Execution of provisions of section 687c; authority of
                 Secretary of the Interior.                           
    688 to 700. Repealed.                                             

-End-

-CITE-
    43 USC Sec. 671                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Sec. 671. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2789

-MISC1-
      Section, act Mar. 3, 1891, ch. 561, Sec. 9, 26 Stat. 1099,
    prohibited sale of public lands except under certain conditions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 672                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Sec. 672. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, R.S. Sec. 2353, required public lands, offered at public
    sale, to be offered in half quarter sections.

-End-

-CITE-
    43 USC Secs. 673 to 676                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Secs. 673 to 676. Repealed. Pub. L. 94-579, title VII, Sec. 703(a),
      Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 673, R.S. Sec. 2354, authorized private sales of all
    public lands in entire, half, etc., sections.
      Section 674, R.S. Sec. 2355; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, required a
    memorandum in connection with application for purchase of public
    land at private sale.
      Section 675, act May 18, 1898, ch. 344, Sec. 2, 30 Stat. 418, set
    forth requirements for private sale of public lands in Missouri.
      Section 676, R.S. Sec. 2365; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized sale of
    public land to highest bidder at the private sale of land.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 677                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Sec. 677. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, R.S. Sec. 2356, related to credit on sales and payment
    of price.

-End-

-CITE-
    43 USC Secs. 678 to 682                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Secs. 678 to 682. Repealed. Pub. L. 94-579, title VII, Sec. 703(a),
      Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 678, R.S. Sec. 2357, related to acreage price for public
    lands offered for sale.
      Section 679, act June 15, 1880, ch. 227, Sec. 3, 21 Stat. 238,
    related to acreage price for alternate sections of railroad lands
    offered for sale.
      Section 680, act June 15, 1880, ch. 227, Sec. 4, 21 Stat. 238,
    excepted former section 679 of this title from applicability to
    mineral lands of the United States.
      Section 681, act Mar. 2, 1889, ch. 381, Sec. 4, 25 Stat. 854,
    related to price of forfeited railroad lands and adjacent lands.
      Section 682, act Mar. 1, 1907, ch. 2286, 34 Stat. 1052,
    authorized sale of public lands for cemetery purposes and set forth
    the price for such acreage.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 682a to 682e                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Secs. 682a to 682e. Repealed. Pub. L. 94-579, title VII, Sec. 702,
      Oct. 21, 1976, 90 Stat. 2787

-MISC1-
      Section 682a, acts June 1, 1938, ch. 317, Sec. 1, 52 Stat. 609;
    July 14, 1945, ch. 298, 59 Stat. 467; June 8, 1954, ch. 270, 68
    Stat. 239, related to sale or lease of small tracts for residence,
    recreation, business, or community site purposes.
      Section 682b, act June 1, 1938, ch. 317, Sec. 2, as added June 8,
    1954, ch. 270, 68 Stat. 239, related to minimum selling price and
    reservation of mineral rights.
      Section 682c, act June 1, 1938, ch. 317, Sec. 3, as added June 8,
    1954, ch. 270, 68 Stat. 239, related to qualifications of lessees
    and purchasers.
      Section 682d, act June 1, 1938, ch. 317, Sec. 4, as added June 8,
    1954, ch. 270, 68 Stat. 240, related to sales or leases to
    employees of Department of the Interior stationed in Alaska.
      Section 682e, act June 1, 1938, ch. 317, Sec. 5, as added June 8,
    1954, ch. 270, 68 Stat. 240, related to application of sections
    682a to 682e of this title to certain revested grant lands in
    Oregon and conditions on lease of such lands.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 683 to 687                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Secs. 683 to 687. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1029

-MISC1-
      Section 683, R.S. Sec. 2364, related to minimum price for sale of
    public lands.
      Section 684, R.S. Sec. 2358, related to authorization of
    President to cause public lands to be offered for sale.
      Section 685, R.S. Sec. 2359, related to advertising of sale of
    public lands.
      Section 686, act Jan. 12, 1877, ch. 18, Sec. 2, 19 Stat. 221,
    related to publication of all executive proclamations relating to
    sale of public lands.
      Section 687, R.S. Sec. 2360, related to duration of sale of
    public lands.

-End-

-CITE-
    43 USC Secs. 687a to 687a-3                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Secs. 687a to 687a-3. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 687a, acts May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413;
    Mar. 3, 1927, ch. 323, 44 Stat. 1364; May 26, 1934, ch. 357, 48
    Stat. 809; Aug. 23, 1958, Pub. L. 85-725, Sec. 3, 72 Stat. 730,
    related to purchase rights, price and limits of acreage, and access
    to waterfront.
      Section 687a-1, act Apr. 29, 1950, ch. 137, Sec. 5, 64 Stat. 95,
    related to filing of notice of claim, and effect of failure to
    file.
      Section 687a-2, acts May 14, 1898, ch. 299, Sec. 10, 30 Stat.
    413; Aug. 3, 1955, ch. 496, Sec. 2, 69 Stat. 444, related to entry
    on lands abutting on navigable waters.
      Section 687a-3, act May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413,
    related to multiple claimants of the same tract.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 687a-4                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Sec. 687a-4. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413,
    authorized reservation of landing places along water front for
    natives of Alaska. Section was formerly classified to section 464
    of Title 48, Territories and Insular Possessions.
      Section was additionally repealed by Pub. L. 94-579, title VII,
    Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789, effective on and after
    the tenth anniversary of the date of approval of this Act, Oct. 21,
    1976.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 687a-5 to 687b-4                               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Secs. 687a-5 to 687b-4. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 687a-5, act May 14, 1898, ch. 299, Sec. 10, 30 Stat. 413,
    excepted certain islands.
      Section 687a-6, acts Mar. 3, 1891, ch. 561, Sec. 13, 26 Stat.
    1100; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3,
    Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related
    to surveys and deposits for covered lands.
      Section 687b, act Aug. 30, 1949, ch. 521, Sec. 1, 63 Stat. 679,
    related to Alaskan lands subject to sale for industrial,
    commercial, and housing construction purposes.
      Section 687b-1, act Aug. 30, 1949, ch. 521, Sec. 2, 63 Stat. 679,
    related to minimum selling price.
      Section 687b-2, acts Aug. 30, 1949, ch. 521, Sec. 3, 63 Stat.
    679; Oct. 21, 1976, Pub. L. 94-579, title VII, Sec. 703(d), 90
    Stat. 2791, related to liability for damages caused by mining and
    preservation of existing rights.
      Section 687b-3, act Aug. 30, 1949, ch. 521, Sec. 4, 63 Stat. 679,
    related to inapplicability of certain provisions.
      Section 687b-4, act Aug. 30, 1949, ch. 521, Sec. 5, 63 Stat. 679,
    related to promulgation of rules and regulations.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 687b-5                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Sec. 687b-5. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2789

-MISC1-
      Section, Pub. L. 88-66, July 19, 1963, 77 Stat. 80, required
    applicability of equitable principles by Secretary of the Interior
    upon submission of proof of compliance with land use requirements
    after prescribed period. Section was formerly classified to section
    364f of Title 48, Territories and Insular Possessions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 687c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Sec. 687c. Alaskan land leases for fur farming; citizenship;
      acreage limitation; period; terms and conditions; laws applicable
      to mineral resources; reservations

-STATUTE-
      The Secretary of the Interior, in order to encourage and promote
    development of production of furs in the Territory of Alaska, is
    authorized to lease to corporations organized under the laws of the
    United States, or of any state or Territory thereof, citizens of
    the United States, or associations of such citizens, public lands
    of the United States in the Territory of Alaska suitable for fur
    farming, in areas not exceeding six hundred and forty acres, and
    for periods not exceeding ten years, upon such terms and conditions
    as he may by general regulations prescribe: Provided, That where
    leases are given hereunder for islands or lands within the same,
    such lease may, in the discretion of the Secretary of the Interior,
    be for an area not to exceed thirty square miles: Provided further,
    That nothing herein contained shall prevent the prospecting,
    locating, development, entering, leasing, or patenting of the
    mineral resources of any lands so leased under laws applicable
    thereto: And provided further, That this section shall not be held
    nor construed to apply to the Pribilof Islands, declared a special
    reservation by section 646 (!1) of title 16: And provided further,
    That any permit or lease issued under this section shall reserve to
    the Secretary of the Interior the right to permit the use and
    occupation of parts of said leased areas for the taking, preparing,
    manufacturing, or storing of fish or fish products, or the
    utilization of the lands for purposes of trade or business, to the
    extent and in the manner provided by existing laws or laws which
    may be enacted after July 3, 1926.

-SOURCE-
    (July 3, 1926, ch. 745, Sec. 1, 44 Stat. 821.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 646 of title 16, referred to in text, was repealed by act
    Feb. 26, 1944, ch. 65, Sec. 18, 58 Stat. 104. See sections 1161,
    1162, and 1167 of Title 16, Conservation.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 360 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 687c-1                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Sec. 687c-1. Execution of provisions of section 687c; authority of
      Secretary of the Interior

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts, and to make such rules and regulations as may be
    necessary and proper, for the purpose of carrying the provisions of
    section 687c of this title into effect, including provisions for
    the forfeiture of any lease for failure to stock the same with fur-
    bearing animals within a period of one year from the date of the
    lease, or in the event of the devotion of the lease area primarily
    to any purpose other than the rearing of such fur-bearing animals.

-SOURCE-
    (July 3, 1926, ch. 745, Sec. 2, 44 Stat. 822.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 361 of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Secs. 688 to 700                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 16 - SALE AND DISPOSAL OF PUBLIC LANDS

-HEAD-
    Secs. 688 to 700. Repealed. Pub. L. 94-579, title VII, Sec. 703(a),
      Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 688, R.S. Sec. 2361; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized
    issuance of multiple certificates in cases of two or more
    purchasers of same section of land.
      Section 689, R.S. Sec. 2362, authorized refund of purchase money
    by the Secretary of the Interior.
      Section 690, R.S. Sec. 2363, related to sources of funds for
    repayment.
      Section 691, R.S. Sec. 2368, authorized purchase of lands located
    in good faith by claims arising under treaty of Sept. 30, 1854.
      Section 692, R.S. Sec. 2366, authorized receipt of foreign coins
    in payment for purchases.
      Section 693, R.S. Sec. 2369; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to mistakes in entry of public lands purchased at
    private sale.
      Section 694, R.S. Sec. 2370; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to
    mistakes in issuance of patents for lands.
      Section 695, R.S. Sec. 2371, related to applicability of sections
    693 and 694 of this title for mistakes in location of warrants.
      Section 696, R.S. Sec. 2374, prohibited agreements to pay
    premiums to purchasers of public lands.
      Section 697, R.S. Sec. 2372; acts Feb. 24, 1909, ch. 181, 35
    Stat. 645; Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3,
    1925, ch. 462, 43 Stat. 1145; May 21, 1926, ch. 353, 44 Stat. 591;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100, related to errors in entry, selection or location of
    public lands.
      Section 698, R.S. Sec. 2375, authorized recovery of premiums paid
    under section 696 of this title.
      Section 699, R.S. Sec. 2376, authorized discovery of agreements
    authorizing payments under section 696 of this title.
      Section 700, act Mar. 2, 1889, ch. 381, Sec. 1, 25 Stat. 854,
    authorized private entry onto public lands of United States only in
    Missouri.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON
           PUBLIC LANDS                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
      CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS  

-MISC1-
    Sec.                                                     
    711 to 736. Repealed.                                             
    737.        Unrestricted deeds for townsite lands held by Alaska
                 natives.                                             
    738.        Repealed.                                             

-End-

-CITE-
    43 USC Secs. 711 to 715                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
    Secs. 711 to 715. Repealed. Pub. L. 94-579, title VII, Sec. 703(a),
      Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 711, R.S. Sec. 2380, authorized reservation of town sites
    by President.
      Section 712, R.S. Sec. 2381; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, authorized reserved lands to be surveyed in urban and
    suburban lots and their appraisement and sale.
      Section 713, R.S. Sec. 2382; acts Oct. 28, 1921, ch. 114, Sec. 1,
    42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100; Aug. 24, 1954, ch. 904, Sec. 1, 68 Stat. 792, related to
    procedure for establishment of town or city sites.
      Section 714, R.S. Sec. 2383, authorized extension of limits of
    towns established on unsurveyed lands.
      Section 715, R.S. Sec. 2384; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized
    Secretary of the Interior to survey and plat cities or towns on the
    public domain where interested parties fail to file transcript maps
    in twelve months after establishment.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 716                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
    Sec. 716. Repealed. Aug. 24, 1954, ch. 904, Sec. 2, 68 Stat. 792

-MISC1-
      Section, R.S. Sec. 2385, related to size of lots or plat varying
    from general rule.

-End-

-CITE-
    43 USC Secs. 717 to 728                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
    Secs. 717 to 728. Repealed. Pub. L. 94-579, title VII, Sec. 703(a),
      Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 717, R.S. Sec. 2386, related to title to town lots
    subject to mineral rights.
      Section 718, R.S. Sec. 2387; acts Mar. 3, 1891, ch. 561, Sec. 4,
    26 Stat. 1097, authorized entry by town authorities of town sites
    in trust for occupants, under such regulations as may be prescribed
    by legislative authority of State or Territory in which the same
    may be situated.
      Section 719, R.S. Sec. 2388; acts Mar. 3, 1925, ch. 462, 43 Stat.
    1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, related to procedure for entry by town
    authorities of town sites in trust for occupants.
      Section 720, R.S. Sec. 2389, authorized entry by town authorities
    of town sites in proportion to number of inhabitants.
      Section 721, R.S. Sec. 2391, made void acts of trustees not in
    conformity to regulations alluded to in section 718 of this title.
      Section 722, R.S. Sec. 2392, provided that no title was to be
    acquired under sections 711 to 715 and 717 to 721 of this title to
    any mine of gold, silver, cinnabar, or copper or to any valid
    mining claim or possession held under existing laws.
      Section 723, R.S. Sec. 2393, provided that provisions of sections
    711 to 715 and 717 to 724 of this title were not to apply to
    military reservations or to other reservations made by the United
    States prior to Mar. 2, 1867, nor to reservations for lighthouses,
    customhouses, mints, or other public purposes, whether held under
    reservation through the Land Office by title derived from the Crown
    of Spain or otherwise.
      Section 724, R.S. Sec. 2394, authorized inhabitants of any town
    on public land to avail themselves of provisions of sections 718 to
    720 of this title and required that they pay, in addition to
    minimum price of lands so entered, all costs of surveying and
    platting.
      Section 725, act Mar. 3, 1877, ch. 113, Sec. 1, 19 Stat. 392,
    related to requirements as to quantity of land excluded from
    homestead entry in towns upon the public lands of the United
    States.
      Section 726, acts Mar. 3, 1877, ch. 113, Sec. 3, 19 Stat. 392;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, authorized settlement of excess
    lands where a town-site exceeds maximum limits.
      Section 727, act Mar. 3, 1877, ch. 113, Sec. 4, 19 Stat. 392,
    authorized additional entries by town authorities in cases where a
    town site is less than maximum authorized size.
      Section 728, act Mar. 3, 1891, ch. 561, Sec. 16, 26 Stat. 1101,
    related to town-site entries by incorporated towns and cities on
    the mineral lands of United States.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 729                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
    Sec. 729. Repealed. June 14, 1926, ch. 578, Sec. 5, as added June
      4, 1954, ch. 263, 68 Stat. 175

-MISC1-
      Section, act Sept. 30, 1890, ch. 1121, 26 Stat. 502, authorized,
    with limitations, the sale of unreserved public lands to
    incorporated cities and towns for cemetery and park purposes. See
    section 869 et seq. of this title.
      Act Oct. 17, 1940, ch. 890, Sec. 2, 54 Stat. 1192, formerly set
    out as a note under this section, declared this section to be
    inapplicable to the Territory of Alaska, and was repealed by act
    June 14, 1926, ch. 578, Sec. 5, as added by act June 4, 1954, ch.
    263, 68 Stat. 175. See section 869 et seq. of this title.

-End-

-CITE-
    43 USC Secs. 730 to 736                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
    Secs. 730 to 736. Repealed. Pub. L. 94-579, title VII, Sec. 703(a),
      Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 730, act July 9, 1914, ch. 138, 38 Stat. 454, provided
    for issuance of patents to transferees of town lots purchased at
    public sale and transferred prior to October 11, 1911, where patent
    had not been issued to original purchaser who had since died.
      Section 731, act Feb. 9, 1903, ch. 531, 32 Stat. 820, extended
    town-site laws to ceded Indian lands in the State of Minnesota.
      Section 732, act Mar. 3, 1891, ch. 561, Sec. 11, 26 Stat. 1099,
    related to town-site entries in Alaska. Section was formerly
    classified to section 355 of Title 48, Territories and Insular
    Possessions.
      Section 733, act May 25, 1926, ch. 379, Sec. 1, 44 Stat. 629,
    related to Indian or Eskimo lands in Alaska set aside on survey of
    town site. Section was formerly classified to section 355a of Title
    48.
      Section 734, act May 25, 1926, ch. 379, Sec. 2, 44 Stat. 630,
    related to extension of streets or alleys across Indian or Eskimo
    land in Alaska. Section was formerly classified to section 355b of
    Title 48.
      Section 735, act May 25, 1926, ch. 379, Sec. 3, 44 Stat. 630,
    related to a survey of nonmineral public lands in Alaska into lots
    and blocks. Section was formerly classified to section 355c of
    Title 48.
      Section 736, act May 25, 1926, ch. 379, Sec. 4, 44 Stat. 630,
    related to authority of Secretary to prescribe regulations for
    sections 733 to 735 of this title. Section was formerly classified
    to section 355d of Title 48.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

                      JUNEAU INDIAN VILLAGE TOWNSITE                  
      Pub. L. 88-34, May 29, 1963, 77 Stat. 52, which provided that
    sections 733 to 736 of this title were extended and made applicable
    to all lands of the Juneau Indian Village of Alaska, including
    uplands and filled in tidelands occupied on May 29, 1963, was
    repealed by section 703(a) of Pub. L. 94-579.

-End-

-CITE-
    43 USC Sec. 737                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
    Sec. 737. Unrestricted deeds for townsite lands held by Alaska
      natives

-STATUTE-
      The trustee or trustees to whom a patent has been issued for a
    townsite surveyed pursuant to section 732 or 735 (!1) of this
    title, upon a finding by the Secretary of the Interior or his
    authorized representative that any Alaska native who claims and
    occupies a tract of land within such townsite is competent to
    manage his own affairs and has petitioned the Secretary or his
    authorized representative for an unrestricted deed, or (!2) shall
    issue to such native an unrestricted deed, and thereafter all
    restrictions as to sale, encumbrance, or taxation of said lands
    shall be removed, but said land shall not be liable to the
    satisfaction of any debt, except obligations owed the Federal
    Government, contracted prior to the issuing of such deed.

-SOURCE-
    (Feb. 26, 1948, ch. 72, 62 Stat. 35.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 732 and 735 of this title, referred to in text, were
    repealed by Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976,
    90 Stat. 2789.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 355e of Title 48,
    Territories and Insular Possessions.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original.

-End-

-CITE-
    43 USC Sec. 738                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 17 - RESERVATION AND SALE OF TOWN SITES ON PUBLIC LANDS

-HEAD-
    Sec. 738. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2789

-MISC1-
      Section, act July 24, 1947, ch. 305, 61 Stat. 414, related to
    promulgation of zoning laws in Alaska. Section was formerly
    classified to section 364 of Title 48, Territories and Insular
    Possessions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC CHAPTER 18 - SURVEY OF PUBLIC LANDS                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
                    CHAPTER 18 - SURVEY OF PUBLIC LANDS                

-MISC1-
    Sec.                                                     
    751.        Rules of survey.                                      
    751a.       Survey system extended to Alaska.                     
    751b.       Surveys in Nome and Fairbanks districts.              
    752.        Boundaries and contents of public lands; how
                 ascertained.                                         
    753.        Lines of division of half quarter sections; how run.  
    754 to 756. Repealed.                                             
    757.        Cost of survey of private land claims to be reported
                 and paid.                                            
    758.        Delivery of patent contingent on refund of cost of
                 survey.                                              
    759.        Survey for and by settlers in township.               
    760.        Deposit for expenses deemed an appropriation.         
    761.        Repayment of excess of deposits to cover cost of
                 surveys of mineral lands.                            
    762.        Deposits made by settlers for surveys to go in part
                 payment of lands.                                    
    763.        Deposits in Louisiana applicable to resurveys.        
    764, 765.   Repealed.                                             
    766.        Geological surveys, extension of public surveys,
                 expenses of subdividing.                             
    767 to 769. Repealed.                                             
    770.        Rectangular mode of survey; departure from.           
    771.        Repealed.                                             
    772.        Resurveys or retracements to mark boundaries of
                 undisposed lands.                                    
    773.        Resurveys or retracements of township lines, etc.     
    774.        Protection of surveyor by marshal.                    
    775.        Omitted.                                              

-End-

-CITE-
    43 USC Sec. 751                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 751. Rules of survey

-STATUTE-
      The public lands shall be divided by north and south lines run
    according to the true meridian, and by others crossing them at
    right angles, so as to form townships of six miles square, unless
    where the line of an Indian reservation, or of tracts of land
    surveyed or patented prior to May 18, 1796, or the course of
    navigable rivers, may render this impracticable; and in that case
    this rule must be departed from no further than such particular
    circumstances require.
      Second. The corners of the townships must be marked with
    progressive numbers from the beginning; each distance of a mile
    between such corners must be also distinctly marked with marks
    different from those of the corners.
      Third. The township shall be subdivided into sections,
    containing, as nearly as may be, six hundred and forty acres each,
    by running parallel lines through the same from east to west and
    from south to north at the distance of one mile from each other,
    and marking corners at the distance of each half mile. The sections
    shall be numbered, respectively, beginning with the number one in
    the northeast section and proceeding west and east alternately
    through the township with progressive numbers, until the thirty-six
    be completed.
      Fourth. The deputy surveyors, respectively, shall cause to be
    marked on a tree near each corner established in the manner
    described, and within the section, the number of such section, and
    over it the number of the township within which such section may
    be; and the deputy surveyors shall carefully note, in their
    respective field books, the names of the corner trees marked and
    the numbers so made.
      Fifth. Where the exterior lines of the townships which may be
    subdivided into sections or half-sections exceed, or do not extend
    six miles, the excess or deficiency shall be specially noted, and
    added to or deducted from the western and northern ranges of
    sections or half-sections in such township, according as the error
    may be in running the lines from east to west, or from north to
    south; the sections and half-sections bounded on the northern and
    western lines of such townships shall be sold as containing only
    the quantity expressed in the returns and plats respectively, and
    all others as containing the complete legal quantity.
      Sixth. All lines shall be plainly marked upon trees, and measured
    with chains, containing two perches of sixteen and one-half feet
    each, subdivided into twenty-five equal links; and the chain shall
    be adjusted to a standard to be kept for that purpose.
      Seventh. Every surveyor shall note in his field book the true
    situations of all mines, salt licks, salt springs, and mill-seats
    which come to his knowledge; all watercourses over which the line
    he runs may pass; and also the quality of the lands.
      Eighth. These field books shall be returned to the Secretary of
    the Interior or such officer as he may designate, who shall cause
    therefrom a description of the whole lands surveyed to be made out
    and transmitted to the officers who may superintend the sales. He
    shall also cause a fair plat to be made of the townships and
    fractional parts of townships contained in the lands, describing
    the subdivisions thereof, and the marks of the corners. This plat
    shall be recorded in books to be kept for that purpose; and a copy
    thereof shall be kept open at the office of the Secretary of the
    Interior or of such agency as he may designate for public
    information, and other copies shall be sent to the places of the
    sale, and to the Bureau of Land Management.

-SOURCE-
    (R.S. Sec. 2395; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100; Apr. 29, 1950, ch. 134, Sec. 1, 64 Stat. 92.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2395 derived from acts May 18, 1796, ch. 29, Sec. 2, 1
    Stat. 465; May 10, 1800, ch. 55, Sec. 3, 2 Stat. 73; Mar. 3, 1877,
    ch. 105, 19 Stat. 348.

-MISC1-
                                AMENDMENTS                            
      1950 - Par. Third. Act Apr. 29, 1950, struck out provision that
    sections 1 mile square in townships be established by running
    survey lines 2 miles apart.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      In par. "Eighth", reference to "United States Supervisor of
    Surveys," changed to "Secretary of the Interior or such officer as
    he may designate,"; "office of the Field Surveying Service" changed
    to "office of the Secretary of the Interior or of such agency as he
    may designate,"; and "General Land Office" changed to "Bureau of
    Land Management", on authority of section 403 of Reorg. Plan No. 3
    of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-MISC2-
                LAND INFORMATION STUDY; REPORT TO CONGRESS            
      Pub. L. 100-409, Sec. 8, Aug. 20, 1988, 102 Stat. 1091, provided
    that:
      "(a) Study. - The Secretary of the Interior shall conduct an
    assessment of the need for and cost and benefits associated with
    improvements in the existing methods of land surveying and mapping
    and of collecting, storing, retrieving, disseminating, and using
    information about Federal and other lands.
      "(b) Consultation. - In conducting the assessment required by
    this section, the Secretary of the Interior shall consult with the
    following - 
        "(1) the Secretary of Agriculture;
        "(2) the Secretary of Commerce;
        "(3) the Director of the National Science Foundation;
        "(4) representatives of State and local governments;
        "(5) representatives of private sector surveying and mapping
      science.
      "(c) Report. - No later than one year after the day of enactment
    of this Act [Aug. 20, 1988], the Secretary of the Interior shall
    report to the Congress concerning the results of the assessment
    required by this section.
      "(d) Topics. - In the report required by subsection (c), the
    Secretary of the Interior shall include a discussion and evaluation
    of the following:
        "(1) relevant recommendations made by the National Academy of
      Sciences (National Research Council) on the concept of a
      multipurpose cadastre from time to time prior to the date of
      enactment of this Act [Aug. 20, 1988];
        "(2) ongoing activities concerning development of an overall
      reference frame for land and resource information, including but
      not limited to a geodetic network, a series of current and
      accurate large-scale maps, cadastral overlay maps, unique
      identifying numbers linking specific land parcels to a common
      index of all land records in United States cadastral systems, and
      a series of land data files;
        "(3) ways to achieve better definition of the roles of Federal
      and other governmental agencies and the private sector in dealing
      with land information systems;
        "(4) ways to improve the coordination of Federal land
      information activities; and
        "(5) model standards developed by the Secretary for compatible
      multipurpose land information systems for use by Federal, State
      and local governmental agencies, the public, and the private
      sector.
      "(e) Recommendations. - The report required by subsection (c) may
    also include such recommendations for legislation as the Secretary
    of the Interior considers necessary or desirable."

-End-

-CITE-
    43 USC Sec. 751a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 751a. Survey system extended to Alaska

-STATUTE-
      The system of public land surveys is extended to the Territory of
    Alaska.

-SOURCE-
    (Mar. 3, 1899, ch. 424, 30 Stat. 1098.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 351 of Title 48,
    Territories and Insular Possessions.
      Section is from the Sundry Civil Appropriation Act, 1900.

-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 751b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 751b. Surveys in Nome and Fairbanks districts

-STATUTE-
      The Secretary of the Interior or such officer as he may
    designate, shall furnish the land offices at Nome and Fairbanks a
    sufficient quantity of numbers to be used in the different classes
    of official surveys that may be made in the Nome and Fairbanks land
    districts to meet the requirements thereof, and upon application by
    any person desiring to have an official survey made such officers
    as the Secretary of the Interior may designate shall furnish a
    number or numbers for such survey or surveys, together with an
    order directing a qualified deputy surveyor to make the same, and
    such application, order, and the fee required to be paid shall be
    transmitted to the Secretary of the Interior or such officer as he
    may designate: Provided, That all surveys thus made shall be
    approved by the Secretary of the Interior or such officer as he may
    designate.

-SOURCE-
    (Mar. 2, 1907, ch. 2537, Sec. 4, 34 Stat. 1232; Mar. 3, 1925, ch.
    462, 43 Stat. 1144; Oct. 9, 1942, ch. 584, Sec. 2, 56 Stat. 779;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 352 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                  REPEALS                              
      Act Oct. 9, 1942, ch. 584, Sec. 2, 56 Stat. 779, cited as a
    credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a),
    Sept. 6, 1966, 80 Stat. 651.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Functions of Supervisor of Surveys and Registers transferred to
    Secretary of the Interior or those officers as he may designate by
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.
      References to "receivers" changed to "registers" by act Oct. 9,
    1942, which abolished office of receiver and transferred functions
    to an employee to be designated by Secretary and to be performed
    under title "register".
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 752                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 752. Boundaries and contents of public lands; how ascertained

-STATUTE-
      The boundaries and contents of the several sections, half-
    sections, and quarter-sections of the public lands shall be
    ascertained in conformity with the following principles:
      First. All the corners marked in the surveys, returned by the
    Secretary of the Interior or such agency as he may designate, shall
    be established as the proper corners of sections, or subdivisions
    of sections, which they were intended to designate; and the corners
    of half- and quarter-sections, not marked on the surveys, shall be
    placed as nearly as possible equidistant from two corners which
    stand on the same line.
      Second. The boundary lines, actually run and marked in the
    surveys returned by the Secretary of the Interior or such agency as
    he may designate, shall be established as the proper boundary lines
    of the sections, or subdivisions, for which they were intended, and
    the length of such lines as returned, shall be held and considered
    as the true length thereof. And the boundary lines which have not
    been actually run and marked shall be ascertained, by running
    straight lines from the established corners to the opposite
    corresponding corners; but in those portions of the fractional
    townships where no such opposite corresponding corners have been or
    can be fixed, the boundary lines shall be ascertained by running
    from the established corners due north and south or east and west
    lines, as the case may be, to the watercourse, Indian boundary
    line, or other external boundary of such fractional township.
      Third. Each section or subdivision of section, the contents
    whereof have been returned by the Secretary of the Interior or such
    agency as he may designate, shall be held and considered as
    containing the exact quantity expressed in such return; and the
    half sections and quarter sections, the contents whereof shall not
    have been thus returned, shall be held and considered as containing
    the one-half or the one-fourth part, respectively, of the returned
    contents of the section of which they may make part.

-SOURCE-
    (R.S. Sec. 2396; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2396 derived from act Feb. 11, 1805, ch. 14, Sec. 2, 2
    Stat. 313.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      In pars. "First", "Second" and "Third", reference to "Field
    Surveying Service" changed to "Secretary of the Interior or such
    agency as he may designate", on authority of section 403 of Reorg.
    Plan No. 3 of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 753                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 753. Lines of division of half quarter sections; how run

-STATUTE-
      In every case of the division of a quarter section the line for
    the division thereof shall run north and south, and the corners and
    contents of half quarter sections which may thereafter be sold,
    shall be ascertained in the manner and on the principles directed
    and prescribed by section 752 of this title, and fractional
    sections containing one hundred and sixty acres or upwards shall in
    like manner as nearly as practicable be subdivided into half
    quarter sections under such rules and regulations as may be
    prescribed by the Secretary of the Interior, and in every case of a
    division of a half quarter section, the line for the division
    thereof shall run east and west, and the corners and contents of
    quarter quarter sections, which may thereafter be sold, shall be
    ascertained as nearly as may be, in the manner, and on the
    principles, directed and prescribed by the section preceding; and
    fractional sections containing fewer or more than one hundred and
    sixty acres shall in like manner, as nearly as may be practicable,
    be subdivided into quarter quarter sections, under such rules and
    regulations as may be prescribed by the Secretary of the Interior.

-SOURCE-
    (R.S. Sec. 2397.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2397 derived from acts Apr. 24, 1820, ch. 51, Sec. 1, 3
    Stat. 566; Apr. 5, 1832, ch. 65, 4 Stat. 503.

-End-

-CITE-
    43 USC Secs. 754 to 756                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Secs. 754 to 756. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1029

-MISC1-
      Section 754, R.S. Sec. 2398, related to binding effect of
    contracts for surveys.
      Section 755, R.S. Sec. 2399; acts Oct. 1, 1890, ch. 1262, 26
    Stat. 650; Aug. 15, 1894, ch. 288, 28 Stat. 285; Apr. 26, 1902, ch.
    592, 32 Stat. 120; Mar. 3, 1925, ch. 462, 43 Stat. 1144, related to
    various surveying instructions which were to be deemed part of
    every contract for survey.
      Section 756, R.S. Sec. 2400; act Mar. 3, 1875, ch. 130, Sec. 1,
    18 Stat. 384, related to establishment of prices of surveys.

-End-

-CITE-
    43 USC Sec. 757                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 757. Cost of survey of private land claims to be reported and
      paid

-STATUTE-
      An accurate account shall be kept by the Secretary of the
    Interior or such officer as he may designate of the cost of
    surveying and platting every private land claim to be reported to
    the Bureau of Land Management with the map of such claim; and a
    patent shall not issue nor shall any copy of any such survey be
    furnished for any such private claim until the cost of survey and
    platting shall have been paid into the Treasury of the United
    States by the party or parties in interest in said grant or by any
    other party.

-SOURCE-
    (July 31, 1876, ch. 246, 19 Stat. 121; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Field Surveying Service" changed to "Secretary of the Interior
    or such agency as he may designate" and "General Land Office"
    changed to "Bureau of Land Management", on authority of section 403
    of Reorg. Plan No. 3 of 1946. See note set out under section 1 of
    this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 758                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 758. Delivery of patent contingent on refund of cost of survey

-STATUTE-
      In all cases of the survey of private land claims the cost of the
    same shall be refunded to the Treasury by the owner before the
    delivery of the patent.

-SOURCE-
    (Mar. 3, 1885, ch. 360, 23 Stat. 499.)

-End-

-CITE-
    43 USC Sec. 759                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 759. Survey for and by settlers in township

-STATUTE-
      When the settlers in any township not mineral or reserved by the
    Government, or persons and associations lawfully possessed of coal
    lands and otherwise qualified to make entry thereof, or when the
    owners or grantees of public lands of the United States, under any
    law thereof, desire a survey made of the same under the authority
    of such agency as the Secretary of the Interior may designate and
    shall file an application therefor in writing, and shall deposit in
    a proper United States depository to the credit of the United
    States a sum sufficient to pay for such survey, together with all
    expenditures incident thereto, without cost or claim for indemnity
    on the United States, it shall be lawful for such agency, under
    such instructions as may be given by the Secretary of the Interior
    or such officer as he may designate, and in accordance with law, to
    survey such township or such public lands owned by said grantees of
    the Government, and make return therefor to the general and proper
    local land office: Provided, That no application shall be granted
    unless the township so proposed to be surveyed is within the range
    of the regular progress of the public surveys embraced by existing
    standard lines or bases for township and subdivisional surveys.

-SOURCE-
    (R.S. Sec. 2401; Aug. 20, 1894, ch. 302, Sec. 1, 28 Stat. 423; Mar.
    3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2401 derived from act May 30, 1862, ch. 86, Sec. 10, 12
    Stat. 410.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      References to "the Field Surveying Service" changed to "such
    agency as the Secretary of the Interior may designate" and "such
    agency,", respectively; and "Commissioner of the General Land
    Office" changed to "Secretary of the Interior or such officer as he
    may designate", on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 760                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 760. Deposit for expenses deemed an appropriation

-STATUTE-
      The deposit of money in a proper United States depository, under
    the provisions of section 759 of this title, shall be deemed an
    appropriation of the sums so deposited for the objects contemplated
    by said section, and the Secretary of the Treasury is authorized to
    cause the sums so deposited to be placed to the credit of the
    proper appropriations for the surveying service; but any excesses
    in such sums over and above the actual cost of the surveys,
    comprising all expenses incident thereto, for which they were
    severally deposited, shall be repaid to the depositors
    respectively.

-SOURCE-
    (R.S. Sec. 2402.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2402 derived from Res. July 1, 1864, No. 60, 13 Stat.
    414.

-End-

-CITE-
    43 USC Sec. 761                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 761. Repayment of excess of deposits to cover cost of surveys
      of mineral lands

-STATUTE-
      The Secretary of the Treasury is authorized and directed to pay,
    out of the moneys heretofore or hereafter covered into the Treasury
    from deposits made by individuals to cover cost of work performed
    and to be performed in the offices of such agency as the Secretary
    of the Interior may designate in connection with the survey of
    mineral lands, any excess in the amount deposited over and above
    the actual cost of the work performed, including all expenses
    incident thereto for which the deposits were severally made or the
    whole of any unused deposit; and such sums, as the several cases
    may be, shall be deemed to be annually and permanently appropriated
    for that purpose. Such repayments shall be made to the person or
    persons who made the several deposits, or to his or their legal
    representatives, after the completion or abandonment of the work
    for which the deposits were made, and upon an account certified by
    the office of such agency of the district in which the mineral land
    surveyed, or sought to be surveyed, is situated and approved by the
    Secretary of the Interior or such officer as he may designate.

-SOURCE-
    (Feb. 24, 1909, ch. 180, 35 Stat. 645; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      References to "the United States Field Surveying Service" and
    "the Field Surveying Service" changed to "such agency as the
    Secretary of the Interior may designate", and "the office of such
    agency", respectively; and "Commissioner of the General Land
    Office" changed to "Secretary of the Interior or such officer as he
    may designate", on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 762                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 762. Deposits made by settlers for surveys to go in part
      payment of lands

-STATUTE-
      Where settlers or owners or grantees of public lands make
    deposits in accordance with the provisions of section 759 of this
    title, certificates shall be issued for such deposits which may be
    used by settlers in part payment for the lands settled upon by
    them, the survey of which is paid for out of such deposits, or said
    certificates may be assigned by indorsement and may be received by
    the Government in payment for any public lands of the United States
    in the States where the surveys were made, entered or to be entered
    under the laws thereof.

-SOURCE-
    (R.S. Sec. 2403; Apr. 27, 1876, ch. 84, 19 Stat. 38; Mar. 3, 1879,
    ch. 170, 20 Stat. 352; Aug. 20, 1894, ch. 302, Sec. 2, 28 Stat.
    423.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2403 derived from acts Mar. 3, 1871, ch. 127, 16 Stat.
    581; Apr. 27, 1876, ch. 84, 19 Stat. 38.

-End-

-CITE-
    43 USC Sec. 763                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 763. Deposits in Louisiana applicable to resurveys

-STATUTE-
      Such sums as have been or may be deposited for surveys in
    Louisiana by actual settlers, under sections 759, 760, and 762 of
    this title, may be, in whole or in part, employed in making such
    resurveys as may be necessary in the discretion of the Secretary of
    the Interior or such officer as he may designate.

-SOURCE-
    (Aug. 7, 1882, ch. 433, 22 Stat. 327; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Secs. 764, 765                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Secs. 764, 765. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.
      1029

-MISC1-
      Section 764, R.S. Sec. 2404, related to augmented rates for
    surveys of forest lands in Oregon.
      Section 765, R.S. Sec. 2405, related to augmented rates for
    surveys of forest lands in California and Washington.

-End-

-CITE-
    43 USC Sec. 766                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 766. Geological surveys, extension of public surveys, expenses
      of subdividing

-STATUTE-
      There shall be no further geological survey by the Government,
    unless authorized by law. The public surveys shall extend over all
    mineral lands; and all subdividing of surveyed lands into lots less
    than one hundred and sixty acres may be done by county and local
    surveyors at the expense of claimants; but nothing in this section
    contained shall require the survey of waste or useless lands.

-SOURCE-
    (R.S. Sec. 2406.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2406 derived from acts July 21, 1852, ch. 66, Sec. 1,
    10 Stat. 15, 21; July 9, 1870, ch. 235, Sec. 16, 16 Stat. 218.

-MISC1-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified or repealed
    by the Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 767                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 767. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, R.S. Sec. 2407, authorized a departure from ordinary
    method in surveying land on a watercourse.

-End-

-CITE-
    43 USC Secs. 768, 769                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Secs. 768, 769. Repealed. Apr. 29, 1950, ch. 134, Sec. 4, 64 Stat.
      93

-MISC1-
      Section 768, R.S. Sec. 2408, authorized Secretary of the Interior
    to vary lines of subdivisions from a rectangular form to suit the
    circumstances of the country in extending the surveys of public
    lands in Nevada. See section 770 of this title.
      Section 769, R.S. Sec. 2409, authorized Secretary of the Interior
    to continue geodetic method of survey in Oregon and California.

-End-

-CITE-
    43 USC Sec. 770                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 770. Rectangular mode of survey; departure from

-STATUTE-
      The Secretary of the Interior may, by regulation, provide that
    departures may be made from the system of rectangular surveys
    whenever it is not feasible or economical to extend the rectangular
    surveys in the regular manner or whenever such departure would
    promote the beneficial use of lands.

-SOURCE-
    (R.S. Sec. 2410; Apr. 29, 1950, ch. 134, Sec. 2, 64 Stat. 93.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2410 derived from act Mar. 3, 1853, ch. 145, Sec. 4, 10
    Stat. 245.

-MISC1-
                                AMENDMENTS                            
      1950 - Act Apr. 29, 1950, struck out limitation that, when there
    are departures from the rectangular surveys, the lands shall not be
    surveyed into less than 160 acres or subdivided into less than 40
    acres, and by substituting a general provision for those
    departures.

-End-

-CITE-
    43 USC Sec. 771                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 771. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, R.S. Sec. 2411, related to compensation for surveying by
    the day instead of by the mile in Oregon and California.

-End-

-CITE-
    43 USC Sec. 772                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 772. Resurveys or retracements to mark boundaries of
      undisposed lands

-STATUTE-
      The Secretary of the Interior may, as of March 3, 1909, in his
    discretion cause to be made, as he may deem wise under the
    rectangular system on that date provided by law, such resurveys or
    retracements of the surveys of public lands as, after full
    investigation, he may deem essential to properly mark the
    boundaries of the public lands remaining undisposed of: Provided,
    That no such resurvey or retracement shall be so executed as to
    impair the bona fide rights or claims of any claimant, entryman, or
    owner of lands affected by such resurvey or retracement.

-SOURCE-
    (Mar. 3, 1909, ch. 271, 35 Stat. 845; June 25, 1910, No. 40, 36
    Stat. 884; Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976,
    90 Stat. 2792.)

-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-579 struck out proviso authorizing that not
    more than 20 per centum of relevant appropriations be used for
    resurveys and retracements under this section.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 705(a) of Pub. L. 94-579 provided that the amendment made
    by that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 773                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 773. Resurveys or retracements of township lines, etc.

-STATUTE-
      Upon the application of the owners of three-fourths of the
    privately owned lands in any township covered by public-land
    surveys, more than 50 per centum of the area of which townships is
    privately owned, accompanied by a deposit with the Secretary of the
    Interior, or such officer as he may designate, of the proportionate
    estimated cost, inclusive of the necessary work, of the resurvey or
    retracement of all the privately owned lands in said township, the
    Secretary, or such officer as he may designate, shall be authorized
    in his discretion to cause to be made a resurvey or retracement of
    the lines of said township and to set permanent corners and
    monuments in accordance with the laws and regulations governing
    surveys and resurveys of public lands. The sum so deposited shall
    be held by the Secretary of the Interior or such officer as he may
    designate, and may be expended in payment of the cost of such
    survey, including field and office work, and any excess over the
    cost of such survey and the expenses incident thereto shall be
    repaid pro rata to the persons making said deposits or their legal
    representatives. The proportionate cost of the field and office
    work for the resurvey or retracement of any public lands in such
    township shall be paid from the current appropriation for the
    survey and resurvey of public lands, in addition to the portion of
    such appropriation otherwise allowed by law for resurveys and
    retracements. Similar resurveys and retracements may be made on the
    application, accompanied by the requisite deposit, of any court of
    competent jurisdiction, the returns of such resurvey or retracement
    to be submitted to the court. The Secretary of the Interior is
    authorized to make all necessary rules and regulations to carry
    this section into full force and effect.

-SOURCE-
    (Sept. 21, 1918, ch. 175, 40 Stat. 965; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Supervisor of Surveys" changed to the "Secretary of the
    Interior, or such officer as he may designate,"; "Commissioner of
    the General Land Office subject to the supervisory authority of the
    Secretary of the Interior," changed to "Secretary, or such officer
    as he may designate,"; and reference to "Supervisor of Surveys or
    commissioner" changed to "Secretary of the Interior or such officer
    as he may designate,", all on authority of section 403 of Reorg.
    Plan No. 3 of 1946. See note set out under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 774                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 774. Protection of surveyor by marshal

-STATUTE-
      Whenever the President is satisfied that forcible opposition has
    been offered, or is likely to be offered, to any surveyor or deputy
    surveyor in the discharge of his duties in surveying the public
    lands, it may be lawful for the President to order the marshal of
    the State or district, by himself or deputy, to attend such
    surveyor or deputy surveyor with sufficient force to protect such
    officer in the execution of his duty, and to remove force should
    any be offered.

-SOURCE-
    (R.S. Sec. 2413.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2413 derived from act May 29, 1830, ch. 163, Sec. 2, 4
    Stat. 417.

-End-

-CITE-
    43 USC Sec. 775                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 18 - SURVEY OF PUBLIC LANDS

-HEAD-
    Sec. 775. Omitted

-COD-
                               CODIFICATION                           
      Section, act May 13, 1960, Pub. L. 86-455, title I, 74 Stat. 106,
    related to contributions for costs of management of lands and for
    surveying federally controlled lands, was from the Department of
    the Interior and Related Agencies Appropriation Act, 1961, and was
    not repeated in subsequent appropriation acts. Similar provisions
    were contained in the following prior appropriation acts:
      June 23, 1959, Pub. L. 86-60, title I, 72 Stat. 93.
      June 4, 1958, Pub. L. 85-439, title I, 72 Stat. 156.
      July 1, 1957, Pub. L. 85-77, title I, 71 Stat. 528.
      June 13, 1956, ch. 380, title I, 70 Stat. 258.
      June 16, 1955, ch. 147, title I, 69 Stat. 142.
      July 1, 1954, ch. 446, title I, 68 Stat. 362.
      July 31, 1953, ch. 298, title I, 67 Stat. 263.
      July 9, 1952, ch. 597, title I, 66 Stat. 447.

-End-

-CITE-
    43 USC CHAPTER 19 - BOUNTY LANDS                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
                         CHAPTER 19 - BOUNTY LANDS                     

-MISC1-
        REPEALS; RIGHTS SAVED; AUTHORIZATION TO PURCHASE AND CANCEL
          UNSATISFIED WARRANTS; PROCEDURE; LIMITATIONS; RIGHTS OF
                      TRANSFEREES; FUNDS FOR PAYMENTS
      Pub. L. 87-558, July 27, 1962, 76 Stat. 246, provided: "That
    sections 457, 473, and 2414-2446, inclusive, of the Revised
    Statutes, as amended [sections 782, 785, 791 to 808, and 821 to 835
    of this title], and the Act of December 13, 1894 (28 Stat. 594)
    [section 783 of this title], are hereby repealed. Repeal of said
    laws shall not affect the rights of holders of warrants described
    in section 2 of this Act, until such rights are extinguished in
    accordance with said section, to have their warrants receivable in
    payment or part payment for lands under the Act of December 13,
    1894, supra, to assign their warrants pursuant to sections 2414 and
    2444 of the Revised Statutes, and to secure a new warrant in lieu
    of a warrant lost or destroyed pursuant to section 2441 of the
    Revised Statutes.
      "Sec. 2. The Secretary of the Interior is hereby authorized and
    directed to purchase at the rate of $1.25 per acre from the holders
    thereof and to cancel all valid unsatisfied military bounty land
    warrants which were issued pursuant to the laws repealed by section
    1 of this Act and which are recorded with the Secretary pursuant
    to, and under the terms and conditions of, the Act of August 5,
    1955 (69 Stat. 534) [set out as a note to section 274 of this
    title], and the regulations issued thereunder. The Secretary will
    send his offer to purchase by registered mail to the post office
    address of the holder of record with the Secretary as of the time
    the offer is made and will require the holder to surrender the
    warrant as a condition of payment therefor. If the holder of a
    warrant, within one year from and after receipt of an offer to
    purchase from the Secretary, shall fail to surrender his warrant
    and accept payment therefor as provided for in this section, the
    warrant shall not thereafter be accepted by the Secretary of the
    Interior for further recordation under the Act of 1955, supra, or
    as a basis for the acquisition of lands, or for payment under this
    section: Provided, That if within the one year after receipt of an
    offer to purchase, the warrant is transferred the transferee shall
    have the remainder of the one-year period or a period of six
    months, whichever is the longer, within which to surrender his
    warrant and accept payment.
      "Sec. 3. Payments under section 2 of this Act shall be made out
    of any appropriated funds available to the Secretary of the
    Interior for expenditure by him."

-End-

-CITE-
    43 USC Sec. 781                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Sec. 781. Repealed. June 29, 1936, ch. 867, title III, Sec. 303, 49
      Stat. 2033

-MISC1-
      Section, R.S. Sec. 4744; acts July 25, 1882, ch. 349, Sec. 2, 22
    Stat. 175; July 3, 1930, ch. 863, Sec. 2, 46 Stat. 1016, related to
    investigation of frauds in connection with bounty-land claims.

-End-

-CITE-
    43 USC Secs. 782, 783                                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Secs. 782, 783. Repealed. Pub. L. 87-558, Sec. 1, July 27, 1962, 76
      Stat. 246

-MISC1-
      Section 782, R.S. Sec. 2442; act July 3, 1930, ch. 863, Sec. 2,
    46 Stat. 1016, required Secretary of the Interior to prescribe
    regulations to carry the provisions of section 829 of this title
    into effect.
      Section 783, act Dec. 13, 1894, ch. 3, 28 Stat. 594, related to
    bounty warrants and indemnity certificate receivable in payment for
    lands.

-End-

-CITE-
    43 USC Sec. 784                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Sec. 784. Repealed. Pub. L. 85-56, title XXII, Sec. 2202(1), June
      17, 1957, 71 Stat. 162

-MISC1-
      Section, R.S. Sec. 471; act July 3, 1930, ch. 863, Sec. 2, 46
    Stat. 1016, required Administrator of Veterans' Affairs to perform
    those duties in execution of bounty-land laws as the President
    prescribed.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal by Pub. L. 85-56 effective Jan. 1, 1958.

-End-

-CITE-
    43 USC Sec. 785                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Sec. 785. Repealed. Pub. L. 87-558, Sec. 1, July 27, 1962, 76 Stat.
      246

-MISC1-
      Section, R.S. Sec. 4748; act July 3, 1930, ch. 863, Secs. 1, 2,
    46 Stat. 1016, related to appointment of a person to sign name of
    Administrator to warrants for bounty lands.

-End-

-CITE-
    43 USC Sec. 786                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Sec. 786. Repealed. Pub. L. 85-56, title XXII, Sec. 2202(1), June
      17, 1957, 71 Stat. 162

-MISC1-
      Section, R.S. Sec. 4748; act July 3, 1930, ch. 863, Secs. 1, 2,
    46 Stat. 1016, related to furnishing of free instruction forms for
    persons filing claims for land bounty warrants.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal by Pub. L. 85-56 effective Jan. 1, 1958.

-End-

-CITE-
    43 USC Sec. 787                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Sec. 787. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-
      Section, R.S. Secs. 4746, 4766; acts July 7, 1898, ch. 578, 30
    Stat. 718; Aug. 17, 1912, ch. 301, Sec. 1, 37 Stat. 312; July 3,
    1930, ch. 863, Sec. 2, 46 Stat. 1016, related to false
    certification of documents. See section 289 of Title 18, Crimes and
    Criminal Procedure.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal by act June 25, 1948, effective Sept. 1, 1948.

-End-

-CITE-
    43 USC Secs. 791 to 808                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Secs. 791 to 808. Repealed. Pub. L. 87-558, Sec. 1, July 27, 1962,
      76 Stat. 246

-MISC1-
      Section 791, R.S. Sec. 2418, related to issuance of certificates
    or land bounty warrants or, at option of Treasury, script for
    certain amounts for service in the War of 1812 or in any of Indian
    wars since 1790 and prior to Mar. 3, 1850, and in Mexican War.
      Section 792, R.S. Sec. 2419, related to entry into service after
    commencement of Mexican War.
      Section 793, R.S. Sec. 2420, related to militia, volunteers, and
    State troops in service between June 18, 1812, and Mar. 22, 1852.
      Section 794, R.S. Sec. 2421, prohibited benefits under sections
    791 to 793 of this title if the person received, or was entitled to
    receive, any military land bounty under any Act passed prior to
    Mar. 22, 1852.
      Section 795, R.S. Sec. 2422, added any period of captivity to
    actual service in computing service, for purposes of sections 791
    to 793 of this title.
      Section 796, R.S. Sec. 2424, related to rights of widows of
    persons entitled to benefits.
      Section 797, R.S. Sec. 2428, related to widows and children of
    persons entitled to benefits under section 800 of this title.
      Section 798, R.S. Sec. 2429, related to effect of subsequent
    marriage of widow.
      Section 799, R.S. Sec. 2430, related to age of minors within
    intent of section 797 of this title.
      Section 800, R.S. Sec. 2425, related to equalization of bounties
    at 160 acres.
      Section 801, R.S. Sec. 2426, enumerated classes of persons whose
    right was dependent on length of service.
      Section 802, R.S. Sec. 2427, enumerated classes of persons whose
    right was independent of length of service.
      Section 803, R.S. Sec. 2431; act July 3, 1930, ch. 863, Sec. 2,
    46 Stat. 1016, related to parol proof of military service.
      Section 804, R.S. Sec. 2432; act July 3, 1930, ch. 863, Sec. 2,
    46 Stat. 1016, related to admissibility of prior evidence of
    service for additional allowances.
      Section 805, R.S. Sec. 2433, related to allowance for travel time
    in computing length of service.
      Section 806, R.S. Sec. 2434, extended provisions of bounty land
    laws to Indians.
      Section 807, R.S. Sec. 2435; act July 3, 1930, ch. 863, Sec. 2,
    46 Stat. 1016, related to evidence of right of pension being
    admissible to show right to bounty.
      Section 808, R.S. Sec. 2438, denied deserters a right to land
    bounties.

-End-

-CITE-
    43 USC Secs. 821 to 835                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Secs. 821 to 835. Repealed. Pub. L. 87-558, Sec. 1, July 27, 1962,
      76 Stat. 246

-MISC1-
      Section 821, R.S. Sec. 2414, related to assignment of warrants
    and locations.
      For savings provisions affecting this section, see Pub. L. 87-
    558, Sec. 1, July 27, 1962, 76 Stat. 246, set out as a note
    preceding section 781 of this title.
      Section 822, R.S. Sec. 2436, related to effect of certain written
    instruments affecting title to warrants prior to issuance of
    warrants.
      Section 823, R.S. Sec. 2415, related to location of warrants, and
    to the payment of any excess value over minimum price.
      Section 824, R.S. Sec. 2416, related to entry under warrants for
    services in Revolutionary War and in War of 1812.
      Section 825, R.S. Sec. 2417, related to time for location of
    warrants for services in Revolutionary War and War of 1812.
      Section 826, R.S. Sec. 2437, related to location of warrants free
    of expense.
      Section 827, R.S. Sec. 2423, related to issuance of a patent on
    return of a warrant.
      Section 828, R.S. Sec. 2439, permitted issuance of a patent
    notwithstanding loss of a warrant.
      Section 829, R.S. Sec. 2441, related to assignment of a lost
    warrant.
      Section 830, R.S. Sec. 2440, related to loss of or failure to
    issue a certificate of honorable discharge.
      Section 831, R.S. Sec. 2443, related to mode of issuing patents
    to heirs of soldiers entitled to warrants.
      Section 832, R.S. Sec. 2444; act July 3, 1930, ch. 863, Sec. 1,
    46 Stat. 1016, related to death of claimant after establishing
    right to a warrant but prior to its issuance.
      For savings provisions affecting this section, see Pub. L. 87-
    558, Sec. 1, July 27, 1962, 76 Stat. 246, set out as a note
    preceding section 781 of this title.
      Section 833, R.S. Sec. 2445, related to right of legal
    representatives to file proofs for warrants.
      Section 834, R.S. Sec. 2446, related to relocation of warrants in
    case of error.
      Section 835, R.S. Sec. 457, related to issuance and recording of
    warrants.

-End-

-CITE-
    43 USC Sec. 841                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Sec. 841. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-
      Section, act May 21, 1872, ch. 178, 17 Stat. 137, related to
    offense and punishment of claim agent, attorney or other person for
    withholding military land bounty warrant. See section 290 of Title
    18, Crimes and Criminal Procedure.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Sept. 1, 1948, see section 20 of act June 25,
    1948.

-End-

-CITE-
    43 USC Secs. 842 to 844                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 19 - BOUNTY LANDS

-HEAD-
    Secs. 842 to 844. Repealed. June 17, 1957, Pub. L. 85-56, title
      XXII, Sec. 2202(1), 71 Stat. 162

-MISC1-
      Section 842, R.S. Sec. 4785; acts July 4, 1884, ch. 181, Sec. 3,
    23 Stat. 99; July 3, 1930, ch. 863, Sec. 2, 46 Stat. 1016, related
    to compensation of agent or attorney for services in prosecuting
    claim for bounty land.
      Section 843, R.S. Sec. 5485, related to punishment of agents or
    attorneys who contract for, demand, or receive greater compensation
    than $25 provided for in section 842 of this title.
      Section 844, R.S. Sec. 4786; acts July 4, 1884, ch. 181, Sec. 4,
    23 Stat. 99; July 3, 1930, ch. 863, Sec. 2, 46 Stat. 1016, related
    to filing of fee agreement and limitation on fee of agent or
    attorney concerning bounty land claim.
      Sections 842, 843 and 844 were based on provisions of R.S. Secs.
    4785, 5485, and 4786, respectively, which related to bounty lands.
    Provisions of R.S. Secs. 4785, 5485, and 4786 which related to
    pensions were previously classified to sections 111, 112 and 114 of
    former Title 38, Pensions, Bonuses, and Veterans' Relief, and were
    repealed by Pub. L. 85-56, title XXII, Sec. 2202(1), June 17, 1957,
    71 Stat. 162.

-End-

-CITE-
    43 USC CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR
           PUBLIC PURPOSES                                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-MISC1-
    Sec.                                                     
    851.        Deficiencies in grants to State by reason of
                 settlements, etc., on designated sections generally. 
    852.        Selections to supply deficiencies of school lands.    
                  (a)  Restrictions.                                  
                  (b)  Adjustments.                                   
                  (c)  Preference rights for State.                   
                  (d)  "Unappropriated public lands" defined;
                        determination of mineral character of land.   
    852a.       Applications for unsurveyed lands; regulations;
                 acreage requirements.                                
    852b.       Survey of lands prior to transfer; time for survey;
                 availability of funds; lands suitable for transfer.  
    853.        Selections in Utah to supply deficiencies of school
                 lands.                                               
    854.        Selections in New Mexico to supply deficiencies of
                 school lands.                                        
    855.        Omitted.                                              
    856.        Selection of school lands on ceded Indian
                 reservations.                                        
    857.        Grant to new States.                                  
    858.        Grants to counties for seats of justice.              
    859.        Fee simple to pass in all grants.                     
    860.        Repealed.                                             
    861.        Preference right of selection granted certain Western
                 States; bona fide settlers.                          
    862.        Omitted.                                              
    863.        Survey of lands granted to certain Western States.    
    864.        Survey of land grants to Florida.                     
    865.        Confirmation of certain lands selected by California. 
    866.        Exchange of cut over land in Montana.                 
    867.        Omitted.                                              
    868.        Representation of Indian claimants in suits to
                 determine right to school lands.                     
    869.        Disposal of lands for public or recreational purposes.
                  (a)  Application; conditions; classification;
                        restoration if not applied for.               
                  (b)  Acreage limitations.                           
                  (c)  Lands withdrawn in aid of functions of a
                        department, agency, State, etc.; lands
                        excepted from disposal.                       
    869-1.      Sale or lease to State or nonprofit organization;
                 reservation of mineral deposits; termination of lease
                 for nonuse.                                          
    869-2.      Conditions of transfer by grantee; solid waste
                 disposal.                                            
                  (a)  Conditions of transfer by grantee.             
                  (b)  New disposal sites.                            
                  (c)  Existing disposal sites.                       
    869-3.      Authority for transfers; applicability of section
                 869-2 to prior patents; termination of restrictions. 
    869-4.      Disposition of moneys received from or on account of
                 revested Oregon and California Railroad grant lands
                 or reconveyed Coos Bay Wagon Road grant lands.       
    869a.       Repealed.                                             
    870.        Grants of land in aid of common or public schools;
                 extension to those mineral in character; effect of
                 leases.                                              
    871.        Certain grants and laws unaffected.                   
    871a.       Repealed.                                             
    872.        Conveyances to United States in connection with
                 applications for amendment of patented entries or for
                 exchange of land, etc.; withdrawal or rejection of
                 applications; reconveyances.                         
    873.        Lands granted for erecting public buildings; purpose
                 of grant.                                            

-End-

-CITE-
    43 USC Sec. 851                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 851. Deficiencies in grants to State by reason of settlements,
      etc., on designated sections generally

-STATUTE-
      Where settlements with a view to preemption or homestead have
    been, or shall hereafter be made, before the survey of the lands in
    the field, which are found to have been made on sections sixteen or
    thirty-six, those sections shall be subject to the claims of such
    settlers; and if such sections or either of them have been or shall
    be granted, reserved, or pledged for the use of schools or colleges
    in the State in which they lie, other lands of equal acreage are
    hereby appropriated and granted, and may be selected, in accordance
    with the provisions of section 852 of this title, by said State, in
    lieu of such as may be thus taken by preemption or homestead
    settlers. And other lands of equal acreage are also hereby
    appropriated and granted and may be selected, in accordance with
    the provisions of section 852 of this title, by said State where
    sections sixteen or thirty-six are, before title could pass to the
    State, included within any Indian, military, or other reservation,
    or are, before title could pass to the State, otherwise disposed of
    by the United States: Provided, That the selection of any lands
    under this section in lieu of sections granted or reserved to a
    State shall be a waiver by the State of its right to the granted or
    reserved sections. And other lands of equal acreage are also
    appropriated and granted, and may be selected, in accordance with
    the provisions of section 852 of this title, by said State to
    compensate deficiencies for school purposes, where sections sixteen
    or thirty-six are fractional in quantity, or where one or both are
    wanting by reason of the township being fractional, or from any
    natural cause whatever. And it shall be the duty of the Secretary
    of the Interior, without awaiting the extension of the public
    surveys, to ascertain and determine, by protraction or otherwise,
    the number of townships that will be included within such Indian,
    military, or other reservations, and thereupon the State shall be
    entitled to select indemnity lands to the extent of section for
    section in lieu of sections therein which have been or shall be
    granted, reserved, or pledged; but such selections may not be made
    within the boundaries of said reservation: Provided, however, That
    nothing in this section contained shall prevent any State from
    awaiting the extinguishment of any such military, Indian, or other
    reservation and the restoration of the lands therein embraced to
    the public domain and then taking the sections sixteen and thirty-
    six in place therein.

-SOURCE-
    (R.S. Sec. 2275; Feb. 28, 1891, ch. 384, 26 Stat. 796; Pub. L. 85-
    771, Sec. 1, Aug. 27, 1958, 72 Stat. 928; Pub. L. 89-470, Sec. 1,
    June 24, 1966, 80 Stat. 220.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2275 derived from acts Feb. 26, 1859, ch. 58, 11 Stat.
    385; June 22, 1874, ch. 422, 18 Stat. 202.

-MISC1-
                                AMENDMENTS                            
      1966 - Pub. L. 89-470 struck out "or Territory" after "State" in
    eight places and substituted "before title could pass to the State"
    for "prior to survey" in two places.
      1958 - Pub. L. 85-771 inserted "in accordance with the provisions
    of section 852 of this title" and "prior to survey", wherever
    appearing; substituted "That the selection of any lands under this
    section in lieu of sections granted or reserved to a State or
    Territory shall be a waiver by the State or Territory of its right
    to the granted or reserved sections." for "Where any State is
    entitled to said sections 16 and 36, or where said sections are
    reserved to any Territory, notwithstanding the same may be mineral
    land or embraced within a military, Indian, or other reservation,
    the selection of such lands in lieu thereof by said State or
    Territory shall be a waiver of its right to said sections.";
    substituted "section for section in lieu of sections therein which
    have been or shall be granted, reserved, or pledged" for "two
    sections for each of said townships, in lieu of sections 16 and 36
    therein"; struck out from last extinguishment proviso "but nothing
    in this proviso shall be construed as conferring any right not in
    this section existing prior to February 28, 1891", and otherwise
    amended section generally.

-End-

-CITE-
    43 USC Sec. 852                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 852. Selections to supply deficiencies of school lands

-STATUTE-
    (a) Restrictions
      The lands appropriated by section 851 of this title shall be
    selected from any unappropriated, surveyed or unsurveyed public
    lands within the State where such losses or deficiencies occur
    subject to the following restrictions:
        (1) No lands mineral in character may be selected by a State
      except to the extent that the selection is being made as
      indemnity for mineral lands lost to the State because of
      appropriation before title could pass to the State;
        (2) No lands on a known geologic structure of a producing oil
      or gas field may be selected except to the extent that the
      selection is being made as indemnity for lands on such a
      structure lost to the State because of appropriation before title
      could pass to the State; and
        (3) Land subject to a mineral lease or permit may be selected
      if none of the land subject to that lease or permit is in a
      producing or producible status, subject, however, to the
      restrictions and conditions of the preceding and following
      paragraphs of this subsection.
        (4) If a selection is consummated as to a portion but not all
      of the lands subject to any mineral lease or permit, then, as to
      such portion and for so long only as such lease or permit or any
      lease issued pursuant to such permit shall remain in effect,
      there shall be automatically reserved to the United States the
      mineral or minerals for which the lease or permit was issued,
      together with such further rights as may be necessary for the
      full and complete enjoyment of all rights, privileges and
      benefits under or with respect to the lease or permit: Provided,
      however, That after approval of the selection the Secretary of
      the Interior shall determine what portion of any rents and
      royalties accruing thereafter which may be paid under the lease
      or permit is properly applicable to that portion of the land
      subject to the lease or permit selected by the State, the portion
      applicable being determined by applying to the sum of the rents
      and royalties the same ratio as that existing between the acreage
      selected by the State and the total acreage subject to the lease
      or permit; of the portion applicable to the selected land 90 per
      centum shall be paid to the State by the United States annually
      and 10 per centum shall be deposited in the Treasury of the
      United States as miscellaneous receipts.
        (5) If a selection is consummated as to all of the lands
      subject to any mineral lease or permit or if, where the selecting
      State has previously acquired title to a portion of the lands
      subject to a mineral lease or permit, a selection is consummated
      as to all of the remaining lands subject to that lease or permit,
      then and upon condition that the United States shall retain all
      rents and royalties theretofore paid and that the lessee or
      permittee shall have and may enjoy under and with respect to that
      lease or permit all the rights, privileges, and benefits which he
      would have had or might have enjoyed had the selection not been
      made and approved, the State shall succeed to all the rights of
      the United States under the lease or permit as to the mineral or
      minerals covered thereby, subject, however, to all obligations of
      the United States under and with respect to that lease or permit.
    (b) Adjustments
      Where the selections are to compensate for deficiencies of school
    lands in fractional townships, such selections shall be made in
    accordance with the following principles of adjustment, to wit: For
    each township, or fractional township, containing a greater
    quantity of land than three-quarters of an entire township, one
    section; for a fractional township, containing a greater quantity
    of land than one-half, and not more than three-quarters of a
    township, three-quarters of a section; for a fractional township,
    containing a greater quantity of land than one-quarter, and not
    more than one-half of a township, one-half section; and for a
    fractional township containing a greater quantity of land than one
    entire section, and not more than one-quarter of a township, one-
    quarter section of land: Provided, That the States which are, or
    shall be entitled to both the sixteenth and thirty-sixth sections
    in place, shall have the right to select double the amounts named,
    to compensate for deficiencies of school land in fractional
    townships.
    (c) Preference rights for State
      Notwithstanding the provisions of section 282 (!1) of this title
    on the revocation not later than 10 years after the date of
    approval of this Act, of any order of withdrawal, in whole or in
    part, the order or notice taking such action shall provide for a
    period of not less than six months before the date on which it
    otherwise becomes effective in which the State in which the lands
    are situated shall have a preferred right of application for
    selection under this section, subject to the requirements of
    existing law, except as against the prior existing valid settlement
    rights and preference rights conferred by existing law other than
    section 282 (!1) of this title, or as against equitable claims
    subject to allowance and confirmation, and except where a
    revocation of an order of withdrawal is made in order to assist in
    a Federal land program.

    (d) "Unappropriated public lands" defined; determination of mineral
      character of land
      (1) The term "unappropriated public lands" as used in this
    section shall include, without otherwise affecting the meaning
    thereof, lands withdrawn for coal, phosphate, nitrate, potash, oil,
    gas, asphaltic minerals, oil shale, sodium, and sulphur, but
    otherwise subject to appropriation, location, selection, entry, or
    purchase under the nonmineral laws of the United States; lands
    withdrawn by Executive Order Numbered 5327, of April 15, 1930, if
    otherwise available for selection; and the retained or reserved
    interest of the United States in lands which have been disposed of
    with a reservation to the United States of all minerals or any
    specified mineral or minerals.
      (2) The determination, for the purposes of this section of the
    mineral character of lands lost to a State shall be made as of the
    date of application for selection and upon the basis of the best
    evidence available at that time.

-SOURCE-
    (R.S. Sec. 2276; Feb. 28, 1891, ch. 384, 26 Stat. 797; Pub. L. 85-
    771, Sec. 2, Aug. 27, 1958, 72 Stat. 928; Pub. L. 86-786, Secs. 1,
    2, Sept. 14, 1960, 74 Stat. 1024; Pub. L. 89-470, Sec. 2, June 24,
    1966, 80 Stat. 220.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 282 of this title, referred to in subsec. (c), was
    repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90
    Stat. 2787.
      Date of approval of this Act, referred to in subsec. (c),
    probably means date of approval of Pub. L. 85-771, which was Aug.
    27, 1958.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2276 derived from acts May 20, 1826, ch. 83, Sec. 1, 4
    Stat. 179; Feb. 26, 1859, ch. 58, 11 Stat. 385; June 22, 1874, ch.
    422, 18 Stat. 202.

-MISC1-
                                AMENDMENTS                            
      1966 - Pub. L. 89-470 struck out "or Territory" after "State"
    once in subsec. (a), twice in subsec. (a)(1), and once each in
    subsecs. (a)(2), (c), and (d)(2), and "or Territories" after
    "States" in subsec. (b); substituted "before title could pass to
    the State" for "prior to survey" in subsec. (a)(1) and (2); and
    inserted "or unsurveyed" after "surveyed" in subsec. (a).
      1960 - Subsec. (a). Pub. L. 86-786, Sec. 1, substituted "If none
    of the land subject to that lease or permit is in a producing or
    producible status, subject, however, to the restrictions and
    conditions of the preceding and following paragraphs of this
    subsection" for ", but only if all of the lands subject to that
    lease or permit are selected and if none of the lands subject to
    that lease or permit are in a producing or producible status; where
    lands subject to a mineral lease or permit are selected, the State
    or Territory shall succeed to the position of the United States
    thereunder", in par. (3), and added pars. (4) and (5).
      Subsec. (d)(1). Pub. L. 86-786, Sec. 2, included interest of
    United States in lands which have been disposed of with a
    reservation to United States of all minerals.
      1958 - Pub. L. 85-771 designated introductory clause as subsec.
    (a) and added restrictions (1) to (3) thereto; designated remainder
    as subsec. (b) and added subsecs. (c) and (d).

    UNIVERSITY OF ALASKA; GRANTEE OF LANDS, IMPROVEMENTS, AND PERSONAL
            PROPERTY OF ALASKA AGRICULTURAL EXPERIMENT STATION
      Pub. L. 102-415, Sec. 9, Oct. 14, 1992, 106 Stat. 2114, provided
    that: "Notwithstanding any other provision of law, the Secretary of
    the Interior shall convey to the University of Alaska, by quitclaim
    deed and without consideration, all the right, title, and interest
    of the United States in and to - 
        "(1) the lands of the University of Alaska Agricultural
      Experiment Station, consisting of approximately 16 acres,
      including improvements on the lands, located at Palmer and
      Matanuska, Alaska; and
        "(2) the lands of the University of Alaska Fur Farm Experiment
      Station, consisting of approximately 37 acres, including
      improvements on the lands, located at Petersburg, Alaska, subject
      to the terms of - 
          "(A) the lease between the Forest Service and the University
        of Alaska dated March 29, 1978; and
          "(B) the agreement between the parties listed in subparagraph
        (A) dated March 2, 1983."
      Pub. L. 89-620, Oct. 4, 1966, 80 Stat. 871, authorized the
    Secretary of Agriculture to convey by quitclaim deed and without
    consideration to the University of Alaska for public purposes all
    the right, title, and interest of the United States in and to the
    lands of the Alaska Agricultural Experiment Station, including
    improvements thereon, and such personal property as may be
    designated, located at Palmer and Matanuska, Alaska.

       UNIVERSITY OF ALASKA; ADDITIONAL LAND GRANT FOR AGRICULTURAL
          COLLEGE AND SCHOOL OF MINES; CONDITIONS AND LIMITATION
      Pub. L. 108-452, title I, Sec. 105(a), Dec. 10, 2004, 118 Stat.
    3579, provided that: "As of January 1, 2003, the remaining State
    entitlement for the benefit of the University of Alaska under the
    Act of January 21, 1929 (45 Stat. 1091, chapter 92) [set out
    below], is 456 acres."
      Act Jan. 21, 1929, ch. 92, 45 Stat. 1091, as amended July 12,
    1960, Pub. L. 86-620, 74 Stat. 408; Sept. 19, 1966, Pub. L. 89-588,
    80 Stat. 811; Pub. L. 108-452, title I, Sec. 105(b), Dec. 10, 2004,
    118 Stat. 3579, provided: "That in addition to the provision made
    by the Act of Congress approved March 4, 1915 (thirty-eighth
    Statutes at Large, page 1214 [classified to section 353 of Title
    48, Territories and Insular Possessions, and provisions set out in
    the Site for Agricultural College and School of Mines note below],
    for the use and benefit of the Agricultural College and School of
    Mines, there is granted to the State of Alaska, for the exclusive
    use and benefit of the Agricultural College and School of Mines,
    one hundred thousand acres of vacant nonmineral surveyed unreserved
    public lands in the State of Alaska, to be selected, under the
    direction and subject to the approval of the Secretary of the
    Interior, by the State, and subject to the following conditions and
    limitations:
      "Sec. 2. That the college and school provided for in this act
    shall forever remain under the exclusive control of the said State,
    and no part of the proceeds arising from the sale or disposal of
    any lands granted herein shall be used for the support of any
    sectarian or denominational college or school.
      "Sec. 3. (a) The State of Alaska (referred to in this Act as the
    'State'), acting on behalf of, and with the approval of, the
    University of Alaska, may select - 
        "(1) any mineral interest (including an interest in oil or gas)
      in land located in the State, the unreserved portion of which is
      owned by the University of Alaska; or
        "(2) any reversionary interest held by the United States in
      land located in the State, the unreserved portion of which is
      owned by the University of Alaska.
      "(b) The total acreage of any parcel of land for which a partial
    interest is conveyed under subsection (a) shall be charged against
    the remaining entitlement of the State under this Act.
      "(c) In taking title to a reversionary interest, the State, with
    the approval of the University of Alaska, waives all right to any
    future acreage credit if the reversion does not occur.
      "Sec. 4. The Secretary may survey any vacant, unappropriated, and
    unreserved land in the State for purposes of allowing selections
    under this Act.
      "Sec. 5. The authorized outstanding selections under this Act
    shall be not more than - 
        "(1) 125 percent of the remaining entitlement; plus
        "(2) the number of acres of land that are in conflict with land
      owned by the University of Alaska, as identified in Native
      allotment applications on record with the Bureau of Land
      Management."

     UNIVERSITY OF ALASKA; SITE FOR AGRICULTURAL COLLEGE AND SCHOOL OF
                                   MINES
      Section 2 of act Mar. 4, 1915, ch. 181, 38 Stat. 1215, provided:
    "That section numbered 6 in township numbered one south of the
    Fairbanks base line and range numbered one west of the Fairbanks
    meridian; section numbered thirty-one, in township numbered one
    north of the Fairbanks base line and range numbered one west of the
    Fairbanks meridian; section numbered one, in township numbered one
    south of the Fairbanks base line and range numbered two west of the
    Fairbanks meridian; and section numbered thirty-six, in township
    numbered one north of the Fairbanks base line and range numbered
    two west of the Fairbanks meridian, are granted to the Territory of
    Alaska, but with the express condition that they shall be forever
    reserved and dedicated to use as a site for an agricultural college
    and school of mines: Provided, That nothing in this Act [classified
    to section 353 of Title 48, Territories and Insular Possessions,
    and set out in this note] shall be held to interfere with or
    destroy any legal claim of any person or corporation to any part of
    said lands under the homestead [law, chapter 7 of this title.] or
    other law for the disposal of the public lands acquired prior to
    the approval of this Act [Mar. 4, 1915]: Provided further, That so
    much of the said land as is now [Mar. 4, 1915] used by the
    Government of the United States as an agricultural experiment
    station may continue to be used for such purpose until abandoned
    for that use by an order of the President of the United States or
    by Act of Congress."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 852a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 852a. Applications for unsurveyed lands; regulations; acreage
      requirements

-STATUTE-
      The Secretary of the Interior may issue regulations governing
    applications for unsurveyed lands. If he establishes any minimum
    acreage requirements, they shall provide for selection of tracts of
    reasonable size, taking into consideration location, terrain, and
    adjacent land ownership and uses.

-SOURCE-
    (Pub. L. 89-470, Sec. 3, June 24, 1966, 80 Stat. 220.)

-End-

-CITE-
    43 USC Sec. 852b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 852b. Survey of lands prior to transfer; time for survey;
      availability of funds; lands suitable for transfer

-STATUTE-
      Prior to issuance of an instrument of transfer, lands must be
    surveyed. The Secretary of the Interior shall within five years,
    subject to the availability of funds, survey the exterior
    boundaries of lands approved as suitable for transfer to the State.

-SOURCE-
    (Pub. L. 89-470, Sec. 4, June 24, 1966, 80 Stat. 220.)

-End-

-CITE-
    43 USC Sec. 853                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 853. Selections in Utah to supply deficiencies of school lands

-STATUTE-
      All the provisions of sections 851 and 852 of this title, which
    provide for the selection of lands for educational purposes in lieu
    of those appropriated for other purposes, are made applicable to
    the State of Utah, and the grant of school lands to said State,
    including sections 2 and 32 in each township, and indemnity
    therefor, shall be administered and adjusted in accordance with the
    provisions of said sections, anything in the Act approved July 16,
    1894, providing for the admission of said State into the Union, to
    the contrary notwithstanding.
      Wherever the words "sections 16 and 36" occur in said sections,
    the same as applicable to the State of Utah shall read: "sections
    2, 16, 32, and 36", and wherever the words "sixteenth and thirty-
    sixth sections" occur the same shall read: "second, sixteenth,
    thirty-second, and thirty-sixth sections", and wherever the words
    "sections 16 or 36" occur the same shall read: "sections 2, 16, 32,
    or 36", and wherever the words "two sections" occur the same shall
    read "four sections."

-SOURCE-
    (May 3, 1902, ch. 683, Secs. 1, 2, 32 Stat. 188, 189.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved July 16, 1894, referred to in text, is act July 16,
    1894, ch. 138, 28 Stat. 107. Provisions of such act relating to
    admission of Utah into the Union are not classified to the Code.

-End-

-CITE-
    43 USC Sec. 854                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 854. Selections in New Mexico to supply deficiencies of school
      lands

-STATUTE-
      All the provisions of sections 851 and 852 of this title are made
    applicable to New Mexico, and the grant of school lands to said
    State, and indemnity therefor, shall be administered and adjusted
    in accordance with the provisions of such sections, anything in the
    Act of Congress approved June 21, 1898, making certain grants of
    land to the Territory of New Mexico, and for other purposes, to the
    contrary notwithstanding.

-SOURCE-
    (Mar. 16, 1908, ch. 88, 35 Stat. 44.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of Congress approved June 21, 1898, referred to in text, is
    act June 21, 1898, ch. 489, 30 Stat. 484, which is not classified
    to the Code.
      References to "Territory" of New Mexico were superseded by the
    admission of New Mexico into the Union by act June 30, 1910, ch.
    310, 36 Stat. 557, and Res. Aug. 21, 1911, No. 8, 37 Stat. 39.

-End-

-CITE-
    43 USC Sec. 855                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 855. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 2, 1923, ch. 184, 42 Stat. 1429, authorized
    Secretary of the Interior to convey certain lands to State of
    Wyoming which were to be selected in lieu of tract numbered 60,
    township 56, north, of range 69 west of the sixth principal
    meridian in that State.

-End-

-CITE-
    43 USC Sec. 856                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 856. Selection of school lands on ceded Indian reservations

-STATUTE-
      Any State or Territory entitled to indemnity school lands or
    entitled to select lands for educational purposes under law
    existing prior to March 2, 1895, may select such lands within the
    boundaries of any Indian reservation in such State or Territory
    from the surplus lands thereof, purchased by the United States
    after allotments have been made to the Indians of such reservation,
    and prior to the opening of such reservation to settlement.

-SOURCE-
    (Mar. 2, 1895, ch. 188, Sec. 1, 28 Stat. 899.)

-End-

-CITE-
    43 USC Sec. 857                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 857. Grant to new States

-STATUTE-
      There is granted, for purposes of internal improvement, to each
    new State admitted into the Union, after September 4, 1841, upon
    such admission, so much public land as, including the quantity that
    was granted to such State before its admission and while under a
    territorial government, will make five hundred thousand acres.
      The selections of lands, granted in this section, shall be made
    within the limits of each State so admitted into the Union, in such
    manner as the legislatures thereof, respectively, may direct; and
    such lands shall be located in parcels conformably to sectional
    divisions and subdivisions of not less than three hundred and
    twenty acres in any one location, on any public land not reserved
    from sale by law of Congress or by proclamation of the President.
    The locations may be made at any time after the public lands in any
    such new State have been surveyed according to law.

-SOURCE-
    (R.S. Secs. 2378, 2379.)

-COD-
                               CODIFICATION                           
      R.S. Secs. 2378, 2379 derived from act Sept. 4, 1841, ch. 16,
    Sec. 8, 5 Stat. 455.

-MISC1-
                      GRANTS NOT TO EXTEND TO ALASKA                  
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.
      Land grant under Alaska Statehood provisions in lieu of grant of
    land under this section (declared not to extend to Alaska), see
    section 6(l) of Pub. L. 85-508, set out as a note preceding section
    21 of Title 48.

-End-

-CITE-
    43 USC Sec. 858                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 858. Grants to counties for seats of justice

-STATUTE-
      There shall be granted to the several counties or parishes of
    each State and Territory, where there are public lands, at the
    minimum price for which public lands of the United States are sold,
    the right of preemption to one quarter section of land, in each of
    the counties or parishes, in trust for such counties or parishes,
    respectively, for the establishment of seats of justice therein;
    but the proceeds of the sale of each of such quarter section shall
    be appropriated for the purpose of erecting public buildings in the
    county or parish for which it is located, after deducting therefrom
    the amount originally paid for the same. And the seat of justice
    for such counties or parishes, respectively, shall be fixed
    previously to a sale of the adjoining lands within the county or
    parish for which the same is located.

-SOURCE-
    (R.S. Sec. 2286.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2286 derived from act May 26, 1824, ch. 169, Sec. 1, 4
    Stat. 50.

-End-

-CITE-
    43 USC Sec. 859                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 859. Fee simple to pass in all grants

-STATUTE-
      Where lands have been or may hereafter be granted by any law of
    Congress to any one of the several States and Territories, and
    where such law does not convey the fee-simple title of the lands,
    or require patents to be issued therefor, the list of such lands
    which have been or may hereafter be certified by the Secretary of
    the Interior or such officer as he may designate, under the seal of
    his office, either as originals or copies of the originals or
    records shall be regarded as conveying the fee simple of all the
    lands embraced in such lists that are of the character contemplated
    by such Act of Congress, and intended to be granted thereby, but
    where lands embraced in such lists are not of the character
    embraced by such Acts of Congress, and are not intended to be
    granted thereby, the lists, so far as these lands are concerned,
    shall be perfectly null and void, and no right, title, claim, or
    interest shall be conveyed thereby.

-SOURCE-
    (R.S. Sec. 2449; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2449 derived from acts Aug. 3, 1854, ch. 201, 10 Stat.
    346; Mar. 3, 1875, ch. 139, Sec. 8, 18 Stat. 475.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 860                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 860. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029

-MISC1-
      Section, act Feb. 27, 1913, ch. 85, Secs. 1-3, 37 Stat. 687,
    related to selection of phosphate or oil lands by State of Idaho
    under indemnity and other land grants. See sections 121 to 123 of
    Title 30, Mineral Lands and Mining.

-End-

-CITE-
    43 USC Sec. 861                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 861. Preference right of selection granted certain Western
      States; bona fide settlers

-STATUTE-
      The States of North Dakota, South Dakota, Montana, Idaho, and
    Washington shall have a preference right over any person or
    corporation to select lands subject to entry by said States by the
    Act of Congress approved February 22, 1889, for a period of sixty
    days after lands have been surveyed and duly declared to be subject
    to selection and entry under the general land laws of the United
    States.
      Such preference right shall not accrue against bona fide
    homestead or preemption settlers on any of said lands at the date
    of filing of the plat of survey of any township in any local land
    office of said States.

-SOURCE-
    (Mar. 3, 1893, ch. 208, 27 Stat. 592.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act February 22, 1889, referred to in text, is act Feb. 22, 1889,
    ch. 180, 25 Stat. 676. Provisions relating to admission of the
    enumerated States into the Union are not classified to the Code.

-End-

-CITE-
    43 USC Sec. 862                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 862. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 18, 1874, ch. 305, 18 Stat. 80, provided for
    issuance of patents for lands granted State of Oregon prior to June
    18, 1874, upon certificate of Governor that wagon roads had been
    built over those lands in accordance with terms of grants.

-End-

-CITE-
    43 USC Sec. 863                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 863. Survey of lands granted to certain Western States

-STATUTE-
      It shall be lawful for the Governors of the States of Washington,
    Idaho, Montana, North Dakota, South Dakota, Utah, and Wyoming to
    apply to the Secretary of the Interior or such officer as he may
    designate for the survey of any township or townships of public
    land then remaining unsurveyed in any of the several surveying
    districts, with a view to satisfy the public land grants made by
    the several Acts admitting the said States into the Union to the
    extent of the full quantity of land called for thereby; and upon
    the application of said governors the Secretary or such officer
    shall proceed to immediately notify such officer as may be
    designated by the Secretary of the application made by the governor
    of any of the said States of the application made for the
    withdrawal of said lands, and the officer so designated shall
    proceed to have the survey or surveys so applied for made, as in
    the cases of surveys of public lands; and the lands that may be
    found to fall within the limits of such township or townships, as
    ascertained by the survey, shall be reserved upon the filing of the
    application for survey from any adverse appropriation by settlement
    or otherwise except under rights that may be found to exist of
    prior inception, for a period to extend from such application for
    survey until the expiration of sixty days from the date of the
    filing of the township plat of survey in the proper district land
    office, during which period of sixty days the State may select any
    of such lands not embraced in any valid adverse claim, for the
    satisfaction of such grants, with the condition, however, that the
    governor of the State, within thirty days from the date of such
    filing of the application for survey, shall cause a notice to be
    published, which publication shall be continued for thirty days
    from the first publication, in some newspaper of general
    circulation in the vicinity of the lands likely to be embraced in
    such township or townships, giving notice to all parties interested
    of the fact of such application for survey and the exclusive right
    of selection by the State for the aforesaid period of sixty days as
    herein provided for; and after the expiration of such period of
    sixty days any lands which may remain unselected by the State, and
    not otherwise appropriated according to law, shall be subject to
    disposal under general laws as other public lands: And provided
    further, That the Secretary of the Interior or such officer as he
    may designate shall give notice immediately of the reservation of
    any township or townships to the local land office in which the
    land is situate of the withdrawal of such township or townships,
    for the purpose hereinbefore provided.

-SOURCE-
    (Aug. 18, 1894, ch. 301, 28 Stat. 394; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; June 26, 1934, ch. 756, Sec. 22, 48 Stat. 1236; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100.)

-MISC1-
                                  REPEALS                              
      Act June 26, 1934, ch. 756, Sec. 22, 48 Stat. 1236, cited as a
    credit to this section, was repealed by Pub. L. 97-258, Sec. 5(b),
    Sept. 13, 1982, 96 Stat. 1074.

                                AMENDMENTS                            
      1934 - Act June 26, 1934, repealed last proviso which authorized
    governors of States named to advance money for survey of certain
    townships.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      First and third references to "Commissioner of the General Land
    Office" changed to "Secretary of the Interior or such officer as he
    may designate"; second such reference changed to "Secretary or such
    officer"; and the two references to "Supervisor of Surveys" changed
    to "such officer as may be designated by the Secretary" and "the
    officer so designated," respectively, all on authority of section
    403 of Reorg. Plan No. 3 of 1946. See note set out under section 1
    of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 864                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 864. Survey of land grants to Florida

-STATUTE-
      It shall be lawful for the properly credited agent or official of
    the State of Florida having in charge the adjustment of its school
    grant to apply to the Secretary of the Interior, or such officer as
    he may designate, for the survey of any townships or parts of
    townships of public land unsurveyed in any of the surveying
    districts of said State, with a view to satisfy the grant in aid of
    schools made to said State of Florida to the extent of the full
    quantity of land called for thereby; and upon the application of
    said agent or official, the Secretary or such officer as he may
    designate shall proceed to have the survey or surveys so applied
    for made, as in the case of surveys of other public lands; and the
    lands that may be found to fall within the limits of such townships
    or parts of townships as ascertained by the survey shall be
    reserved, upon the filing of the application for survey from any
    adverse appropriation by settlement or otherwise, except under
    rights that may be found to exist of prior inception, for a period
    to extend from such application for survey until the expiration of
    sixty days from date of filing of the township plat of survey in
    the proper district land office, which period of sixty days the
    State may select any of such lands not embraced in any valid
    adverse claim for the satisfaction of its school grant, as
    aforesaid, with the condition, however, that the agent or official
    of the State, within thirty days from the date of such filing of
    the application for survey, shall cause a notice to be published,
    which publication shall be continued for thirty days from date of
    first publication in some newspaper of general circulation in the
    vicinity of the lands likely to be embraced in such townships or
    parts of townships giving notice to all parties interested of the
    fact of such application for survey and the exclusive right of
    selection by the State for the aforesaid period of sixty days as
    herein provided for, and after the expiration of such sixty days
    any lands which may remain unselected by the State and not
    otherwise appropriated according to law shall be subject to
    disposal under general laws as other public lands: Provided, That
    the Secretary or such officer as he may designate shall give notice
    immediately of the reservation of any township or parts of
    townships to the officials of the local land office of the land
    district in which the land is situated of the withdrawal of such
    townships or parts of townships for the purpose hereinbefore
    provided: Provided further, That nothing herein shall be deemed to
    authorize the Secretary or such officer as he may designate to
    survey any lands within the exterior boundaries of the Everglades,
    as defined in Everglades patent numbered 137, issued to the State
    of Florida by the United States under the Swamp Land Act of 1850.

-SOURCE-
    (Feb. 16, 1921, ch. 60, 41 Stat. 1103; 1946 Reorg. Plan No. 3, Sec.
    403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Swamp Land Act of 1850, referred to in text, is act Sept. 28,
    1850, ch. 84, 9 Stat. 519, which was incorporated into the Revised
    Statutes of 1878 as R.S. Secs. 2479-2481, which are classified to
    sections 982 to 984 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      First reference to "Commissioner of the General Land Office"
    changed to "Secretary of the Interior, or such officer as he may
    designate,", and remaining three such references changed to
    "Secretary or such officer as he may designate", on authority of
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.

-End-

-CITE-
    43 USC Sec. 865                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 865. Confirmation of certain lands selected by California

-STATUTE-
      All selections of any portion of the public domain, to which,
    prior to July 23, 1866, no homestead, preemption, or other right
    had been acquired by any settler under the laws of the United
    States, and not being mineral land, nor reserved for naval,
    military, or Indian purposes nor held or claimed under any valid
    Mexican or Spanish grant, and not included within the limits of any
    city, town, or village or of the county of San Francisco, made
    prior to the 23d day of July 1866, and theretofore sold to bona
    fide purchasers by the State of California are confirmed to the
    State of California: Provided, however, That said State shall not
    receive any greater quantity of land for school or improvement
    purposes than she is entitled to by law.
      When selections named in the above paragraph have been made upon
    lands already surveyed by authority of the United States, the
    authorities of said States, where the same has not been already
    done, shall notify the officer, as the Secretary of the Interior
    may designate, of the land office, for the district in which the
    land is situated, which notice shall be regarded as the date of the
    State selection; and the said officers, as the Secretary may
    designate, of the several land offices, after investigation and
    decision, shall, under the instruction of the Secretary of the
    Interior, or such officer as he may designate, forward all such
    selections to the Bureau of Land Management, and the Secretary or
    such officer shall certify the same over to the State in the usual
    manner.
      When the State of California has made such selections from the
    lands not surveyed by the authority of the United States, but which
    selections have been surveyed by the authority of said State, and
    the land sold to purchasers in good faith, under the laws of the
    State, such selections, from said 23d of July, 1866, when marked
    off and designated in the field, shall have the same force and
    effect as the preemption rights of a settler upon unsurveyed public
    lands; and if upon a survey of such lands by the United States, the
    lines of the two surveys shall be found not to agree, the selection
    shall be so changed as to include those legal subdivisions which
    nearest conform to the identical land included in the State survey
    and selection. Upon filing with the officer as the Secretary of the
    Interior may designate of the proper United States land office of
    the township plat, in which any such selection of unsurveyed land
    is located, the holder of the State title shall be allowed the same
    time to present and prove up his purchase and claim as was allowed
    preemptors under existing laws, and if found in accordance with the
    law the land embraced therein shall be certified over to the State
    by the Secretary of the Interior or such officer as he may
    designate.

-SOURCE-
    (R.S. Secs. 2485-2487; 1946 Reorg. Plan No. 3, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2485 derived from acts July 23, 1866, ch. 219, Sec. 1,
    14 Stat. 218; Mar. 3, 1875, ch. 139, Sec. 7, 18 Stat. 475. R.S.
    Secs. 2486, 2487 are from act July 23, 1866, ch. 219, Sec. 23, 14
    Stat. 219.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      In second par., "register of the land office," changed to
    "officer, as the Secretary of the Interior may designate, of the
    land office,"; "registers of the several land offices," changed to
    "officers, as the Secretary may designate, of the several land
    offices,"; first reference to "Commissioner of the General Land
    Office" changed to "Secretary of the Interior, or such officer as
    he may designate,"; "Bureau of Land Management" substituted for
    "General Land Office"; and second reference to "Commissioner of the
    General Land Office" changed to "Secretary or such officer", on
    authority of section 403 of Reorg. Plan No. 3 of 1946. In third
    par., "register" changed to "officer as the Secretary of the
    Interior may designate", and "Commissioner of the General Land
    Office" changed to "Secretary of the Interior or such officer as he
    may designate", on authority of that plan. See note set out under
    section 1 of this title.

-End-

-CITE-
    43 USC Sec. 866                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 866. Exchange of cut over land in Montana

-STATUTE-
      Tracts of timbered lands prior to February 14, 1923, granted to
    the State of Montana for educational purposes, from which the
    timber has been cut or removed pursuant to State laws, may, under
    such rules and regulations as the legislature of said State shall
    prescribe, be exchanged for other lands of like character and
    approximately of equal value, in private ownership, which exchanged
    land shall be subject to the same requirements and limitations to
    the end that the State may acquire holdings in reasonably compact
    form and reforesting be undertaken in an economic manner, anything
    in the enabling act of said State to the contrary notwithstanding.

-SOURCE-
    (Feb. 14, 1923, ch. 74, 42 Stat. 1245.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The enabling act of Montana, referred to in text, is act Feb. 22,
    1889, ch. 180, 25 Stat. 676. For complete classification of this
    Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 867                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 867. Omitted

-COD-
                               CODIFICATION                           
      Section, R.S. Sec. 2377; act June 20, 1874, ch. 330, 18 Stat.
    111, related to extension of obsolete section 829 of this title to
    reissue of agricultural land scrip, canceled, or destroyed without
    the fault of the owner thereof.

-End-

-CITE-
    43 USC Sec. 868                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 868. Representation of Indian claimants in suits to determine
      right to school lands

-STATUTE-
      In any suit instituted in the Supreme Court of the United States
    to determine the right of a State to what are commonly known as
    school lands within any Indian Reservation or any Indian cession
    where an Indian tribe claims any right to or interest in the lands
    in controversy, or in the disposition thereof by the United States,
    the right of such State may be fully tested and determined without
    making the Indian tribe, or any portion thereof, a party to the
    suit if the Secretary of the Interior is made a party thereto; and
    the duty of representing and defending the right or interest of the
    Indian tribe, or any portion thereof, in the matter shall devolve
    upon the Attorney General upon the request of such Secretary.

-SOURCE-
    (Mar. 2, 1901, ch. 808, 31 Stat. 950.)

-End-

-CITE-
    43 USC Sec. 869                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 869. Disposal of lands for public or recreational purposes

-STATUTE-
    (a) Application; conditions; classification; restoration if not
      applied for
      The Secretary of the Interior upon application filed by a duly
    qualified applicant under section 869-1 of this title may, in the
    manner prescribed by sections 869 to 869-4 of this title, dispose
    of any public lands to a State, Territory, county, municipality, or
    other State, Territorial, or Federal instrumentality or political
    subdivision for any public purposes, or to a nonprofit corporation
    or nonprofit association for any recreational or any public purpose
    consistent with its articles of incorporation or other creating
    authority. Before the land may be disposed of under sections 869 to
    869-4 of this title it must be shown to the satisfaction of the
    Secretary that the land is to be used for an established or
    definitely proposed project, that the land involved is not of
    national significance nor more than is reasonably necessary for the
    proposed use, and that for proposals of over 640 acres
    comprehensive land use plans and zoning regulations applicable to
    the area in which the public lands to be disposed of are located
    have been adopted by the appropriate State or local authority. The
    Secretary shall provide an opportunity for participation by
    affected citizens in disposals under sections 869 to 869-4 of this
    title, including public hearings or meetings where he deems it
    appropriate to provide public comments, and shall hold at least one
    public meeting on any proposed disposal of more than six hundred
    forty acres under sections 869 to 869-4 of this title. The
    Secretary may classify public lands in Alaska for disposition under
    sections 869 to 869-4 of this title. Lands so classified may not be
    appropriated under any other public land law unless the Secretary
    revises such classification or authorizes the disposition of an
    interest in the lands under other applicable law. If, within
    eighteen months following such classification, no application has
    been filed for the purpose for which the lands have been so
    classified, then the Secretary shall restore such lands to
    appropriation under the applicable public land laws.
    (b) Acreage limitations
      Conveyances made in any one calendar year shall be limited as
    follows:
        (i) For recreational purposes:
          (A) To any State or the State park agency or any other agency
        having jurisdiction over the State park system of such State
        designated by the Governor of that State as its sole
        representative for acceptance of lands under this provision,
        hereinafter referred to as the State, or to any political
        subdivision of such State, six thousand four hundred acres, and
        such additional acreage as may be needed for small roadside
        parks and rest sites of not more than ten acres each.
          (B) To any nonprofit corporation or nonprofit association,
        six hundred and forty acres.
          (C) No more than twenty-five thousand six hundred acres may
        be conveyed for recreational purposes under sections 869 to 869-
        4 of this title in any one State per calendar year. Should any
        State or political subdivision, however, fail to secure, in any
        one year, six thousand four hundred acres, not counting lands
        for small roadside parks and rest sites, conveyances may be
        made thereafter if pursuant to an application on file with the
        Secretary of the Interior on or before the last day of said
        year and to the extent that the conveyance would not have
        exceeded the limitations of said year.

        (ii) For public purposes other than recreation:
          (A) To any State or agency or instrumentality thereof, for
        any one program, six hundred and forty acres.
          (B) To any political subdivision of a State, six hundred and
        forty acres.
          (C) To any nonprofit corporation or nonprofit association,
        six hundred and forty acres.
    (c) Lands withdrawn in aid of functions of a department, agency,
      State, etc.; lands excepted from disposal
      Where the lands have been withdrawn in aid of a function of a
    Federal department or agency other than the Department of the
    Interior, or of a State, Territory, county, municipality, water
    district, or other local governmental subdivision or agency, the
    Secretary of the Interior may make disposals under sections 869 to
    869-4 of this title only with the consent of such Federal
    department or agency, or of such State, Territory, or local
    governmental unit. Nothing in sections 869 to 869-4 of this title
    shall be construed to apply to lands in any national forest,
    national park, or national monument, or national wildlife refuge,
    or to any Indian lands or lands set aside or held for the use or
    benefit of Indians, including lands over which jurisdiction has
    been transferred to the Department of the Interior by Executive
    order for the use of Indians, or, except insofar as sections 869 to
    869-4 of this title apply to leases of land to States and counties
    and to State and Federal instrumentalities and political
    subdivisions and to municipal corporations, to the revested Oregon
    and California Railroad grant lands and the reconveyed Coos Bay
    Wagon Road grant lands in the State of Oregon. Nor shall any
    disposition be made under sections 869 to 869-4 of this title for
    any use authorized under any other law, except for a use authorized
    under sections 682a to 682e (!1) of this title.

-SOURCE-
    (June 14, 1926, ch. 578, Sec. 1, 44 Stat. 741; June 4, 1954, ch.
    263, 68 Stat. 173; Pub. L. 86-66, Sec. 2, June 23, 1959, 73 Stat.
    110; Pub. L. 86-292, Sec. 1, Sept. 21, 1959, 73 Stat. 571; Pub. L.
    86-755, Sept. 13, 1960, 74 Stat. 899; Pub. L. 94-579, title II,
    Sec. 212(a), (b), Oct. 21, 1976, 90 Stat. 2759.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 682a to 682e of this title, referred to in subsec. (c),
    were repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
    1976, 90 Stat. 2787.

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a). Pub. L. 94-579, Sec. 212(a), inserted
    provisions requiring lands proposed to be disposed not to be of
    national significance nor more than reasonably necessary for the
    proposed use, provisions relating to proposals of over 640 acres,
    and provisions relating to participation by affected individuals.
      Subsec. (b)(1). Pub. L. 94-579, Sec. 212(b), in cl. (A) inserted
    reference to State political subdivision and struck out limitation
    of three sites, limitation of six sites for calendar years 1960,
    1961, and 1962, and proviso for additional sites where conveyances
    in one year did not meet the authorized number, in cl. (B)
    substituted "nonprofit corporation or nonprofit association" for
    "political subdivision of a State", and in cl. (C) substituted
    provisions relating to authorization for a calendar year, for
    provisions authorizing six hundred and forty acres to any nonprofit
    corporation or association.
      1960 - Subsec. (b)(i)(A). Pub. L. 86-755 inserted "or the State
    park agency or any other agency having jurisdiction over the State
    park system of said State designated by the Governor of that State
    as its sole representative for acceptance of lands under this
    provision," after "State" and inserted proviso.
      1959 - Subsec. (b). Pub. L. 86-292 substituted acreage
    limitations making special allowances to States for recreational
    areas for provision which limited conveyance to 640 acres to any
    one grantee in any one calendar year.
      Subsec. (c). Pub. L. 86-66 substituted provisions making sections
    869 to 869-4 of this title inapplicable, except insofar as those
    sections apply to leases of land to States and counties and to
    State and Federal instrumentalities and political subdivisions and
    to municipal corporations, to revested Oregon and California
    Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands
    in the State of Oregon, for provisions which made those sections
    inapplicable to the revested Oregon and California Railroad grant
    lands and reconveyed Coos Bay Wagon Road grant lands.
      1954 - Act June 4, 1954, divided provisions of act June 14, 1926,
    on which this section is based, into separate sections (now set out
    as this section and sections 869-1 to 869-4 of this title), and
    changed provisions generally to broaden authority of Secretary of
    the Interior to dispose of public lands for public purposes (1) by
    including provisions for disposal thereof to Territories (including
    Alaska), other political subdivisions, and nonprofit corporations
    and associations rather than to States, counties, and
    municipalities only, (2) by permitting the disposal thereof for
    "public" purposes, rather than merely for "recreational" purposes
    as theretofore, (3) by striking out "nonmineral" in describing the
    lands which may be so disposed of, (4) by inserting limitation
    provisions set out in subsecs. (b) and (c) of this section, (5) by
    amending and transferring to section 2 of that act (section 869-1
    of this title) provisions governing methods of, and conditions with
    respect to the, disposing of the lands for those purposes (see
    Prior Provisions note set out under section 869-1 of this title),
    including provision for the reservation of mineral deposits, (6) by
    amending and transferring to section 3 of that act (section 869-2
    of this title) provisions with respect to reversion of the lands to
    the United States in certain cases (see Prior Provisions note set
    out under section 869-2 of this title), (7) by enacting, as section
    4 of that act, provisions set out as section 869-3 of this title,
    and (8) by inserting provision in this section that disposals
    should be made "upon application by a duly qualified applicant"
    under section 869-1 of this title.

                     EFFECTIVE DATE OF 1960 AMENDMENT                 
      Pub. L. 86-755 provided that the amendment made by Pub. L. 86-755
    is effective Sept. 21, 1959.

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-648, Sec. 1, Nov. 10, 1988, 102 Stat. 3813, provided
    that: "This Act [amending section 869-2 of this title and enacting
    provisions set out as notes under section 869-2 of this title] may
    be cited as the 'Recreation and Public Purposes Amendment Act of
    1988'."

                                SHORT TITLE                            
      Act June 14, 1926, ch. 578, 44 Stat. 741, which enacted sections
    869 to 869-4 of this title, is popularly known as the "Recreation
    and Public Purposes Act".

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 869-1                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 869-1. Sale or lease to State or nonprofit organization;
      reservation of mineral deposits; termination of lease for nonuse

-STATUTE-
      The Secretary of the Interior may after due consideration as to
    the power value of the land, whether or not withdrawn therefor, (a)
    sell such land to the State, Territory, county, or other State,
    Territorial, or Federal instrumentality or political subdivision in
    which the lands are situated, or to a nearby municipal corporation
    in the same State or Territory, for the purpose for which the land
    has been classified, and conveyances of such land for historic-
    monument purposes or recreational purposes under this section
    shall be made without monetary consideration, while conveyances for
    any other purpose under this section shall be made at a price to be
    fixed by the Secretary of the Interior through appraisal or
    otherwise, after taking into consideration the purpose for which
    the lands are to be used, (b) lease such land to the State,
    Territory, county, or other State, Territorial, or Federal
    instrumentality or political subdivision in which the lands are
    situated, or to a nearby municipal corporation in the same State or
    Territory, for the purpose for which the land has been classified,
    at a reasonable annual rental, except that leases of such lands for
    recreational purposes shall be made without monetary consideration,
    for a period up to twenty-five years, and, at the discretion of the
    Secretary, with a privilege of renewal for a like period, (c) sell
    such land to a nonprofit corporation or nonprofit association, for
    the purpose for which the land has been classified, at a price to
    be fixed by the Secretary of the Interior through appraisal, after
    taking into consideration the purpose for which the lands are to be
    used, or (d) lease such land to a nonprofit corporation or
    nonprofit association at a reasonable annual rental, for a period
    up to twenty years, and, at the discretion of the Secretary, with a
    privilege of renewal for a like period. Each patent or lease so
    issued shall contain a reservation to the United States of all
    mineral deposits in the lands conveyed or leased and of the right
    to mine and remove the same, under applicable laws and regulations
    to be established by the Secretary. Each lease shall contain a
    provision for its termination upon a finding by the Secretary that
    the land has not been used by the lessee for the purpose specified
    in the lease for such period, not over five years, as may be
    specified in the lease, or that such land or any part thereof is
    being devoted to another use.

-SOURCE-
    (June 14, 1926, ch. 578, Sec. 2, as added June 4, 1954, ch. 263, 68
    Stat. 174; amended Pub. L. 89-457, Sec. 1, June 20, 1966, 80 Stat.
    210; Pub. L. 94-579, title II, Sec. 212(c), (d), Oct. 21, 1976, 90
    Stat. 2760.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were formerly
    contained in section 869 of this title. See 1954 Amendment note set
    out under that section. Those prior provisions did not require, as
    in this section, the Secretary of the Interior to take into account
    the possible power value of the lands, whether withdrawn therefor,
    or not, before authorizing any disposal of them under section 869
    of this title; did not provide, as in this section, for the sale or
    lease of those lands to Federal instrumentalities, to Territories
    and to political subdivisions other than States, counties, and
    municipalities, and to nonprofit corporations and associations; and
    did not provide, as in this section, that conveyances of that land
    for historic-monument purposes should be made without monetary
    consideration. See section 869 of this title.

                                AMENDMENTS                            
      1976 - Pub. L. 94-579 in cl. (a) inserted reference to
    recreational purposes and in cl. (b) inserted reference to leases
    for recreational purposes.
      1966 - Pub. L. 89-457 authorized an increase in the period of a
    lease under cl. (b) from twenty to twenty-five years.

                             SAVINGS PROVISION                         
      Amendment by Pub. L. 94-579 not to be construed as terminating
    any valid lease, permit, patent, etc., existing on Oct. 21, 1976,
    see section 701 of Pub. L. 94-579, set out as a note under section
    1701 of this title.

                             PERIOD OF LEASES                         
      Section 2 of Pub. L. 89-457 provided that: "Upon application by a
    lessee holding a lease under the Recreation and Public Purposes Act
    [sections 869 to 869-4 of this title] the Secretary of the Interior
    may enter into a new lease for a term not to exceed twenty-five
    years from the date of the new lease."

-End-

-CITE-
    43 USC Sec. 869-2                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 869-2. Conditions of transfer by grantee; solid waste disposal

-STATUTE-
    (a) Conditions of transfer by grantee
      Title to lands conveyed by the Government under sections 869 to
    869-4 of this title may not be transferred by the grantee or its
    successor except, with the consent of the Secretary of the
    Interior, to a transferee which would be a qualified grantee under
    section 869-1(a) or 869-1(c) of this title and subject to the
    acreage limitation contained in section 869(b) of this title. A
    grantee or its successor may not change the use specified in the
    conveyance to another or additional use except, with the consent of
    the Secretary, to a use for which such grantee or its successor
    could obtain a conveyance under sections 869 to 869-4 of this
    title. If at any time after the lands are conveyed by the
    Government, the grantee or its successor attempts to transfer title
    to or control over these lands to another or the lands are devoted
    to a use other than that for which the lands were conveyed, without
    the consent of the Secretary, title to the lands shall revert to
    the United States.
    (b) New disposal sites
      (1) Notwithstanding the provisions of subsection (a) of this
    section, if the Secretary receives an application for conveyance of
    land under sections 869 to 869-4 of this title for the express
    purpose of solid waste disposal or for another purpose which the
    Secretary finds may include the disposal, placement, or release of
    any hazardous substance, the Secretary may convey such land subject
    only to the provisions of this subsection.
      (2) Prior to issuance of any conveyance of land under this
    subsection the Secretary shall investigate the land covered by an
    application for such conveyance to determine whether or not any
    hazardous substance is present on such land. Such investigation
    shall include a review of any available records as to the use of
    such land and all appropriate analysis of the soil, water and air
    associated with such land. No land shall be conveyed under this
    subsection if such investigation indicates that any hazardous
    substance is present on such land.
      (3) No application for conveyance under this subsection shall be
    acted on by the Secretary until the applicant has furnished
    evidence, satisfactory to the Secretary, that a copy of the
    application and information concerning the proposed use of the land
    covered by the application has been provided to the Environmental
    Protection Agency and to all other State and Federal agencies with
    responsibility for enforcement of State and Federal laws applicable
    to lands used for the disposal, placement, or release of solid
    waste or any hazardous substance.
      (4) No application for conveyance under this subsection shall be
    acted on by the Secretary until the applicant has given a warranty
    that use of the land covered by the application will be consistent
    with all applicable State and Federal laws, including laws dealing
    with the disposal, placement, or release of hazardous substances,
    and that the applicant will hold the United States harmless from
    any liability that may arise out of any violation of any such law.
      (5) A conveyance under this subsection shall be made to the
    extent that the applicant has demonstrated to the Secretary that
    the land covered by an application meets all applicable State and
    local requirements and is appropriate in character and reasonable
    in acreage in order to meet an existing or reasonably anticipated
    need for solid waste disposal or for another proposed use that the
    Secretary finds may include the disposal, placement, or release of
    any hazardous substance.
      (6) A conveyance under this subsection shall be subject to the
    following conditions:
        (A) Except as otherwise provided in subparagraphs (B) and (D)
      of this paragraph, the document of conveyance shall provide that
      the lands conveyed under this subsection shall revert to the
      United States, unless substantially all of the lands have been
      used, on or before the date five years after the date of
      conveyance, for the purpose or purposes specified in the
      application, or for other use or uses authorized under subsection
      (a) of this section with the consent of the Secretary.
        (B) In the event that at any time after such conveyance any
      portion of such lands has not been used for the purpose or
      purposes specified in the application, and the party to whom such
      lands were conveyed by the Secretary shall transfer ownership of
      such unused portion to any other party, the party to whom such
      lands were conveyed by the Secretary shall be liable to pay the
      Secretary, on behalf of the United States, the fair market value
      of such transferred portion as of the date of such transfer,
      including the value of any improvements thereon. Subject to
      appropriations, all amounts received by the Secretary under this
      subparagraph shall be retained by the Secretary and used for the
      management of public lands and shall remain available until
      expended.
        (C) Pricing for conveyances of land under this subsection shall
      be in accordance with the provisions of section 869-1 of this
      title, except that no compensation shall be required for the
      inclusion of only the limited reverter specified in this
      paragraph.
        (D) Each patent issued under this subsection shall specify that
      no portion of the lands covered by such patent shall under any
      circumstances revert to the United States if such portion has
      been used for solid waste disposal or for any other purpose that
      the Secretary finds may result in the disposal, placement, or
      release of any hazardous substance.

      (7) For purposes of this section the term "hazardous substance"
    has the same meaning as such term has when used in the
    Comprehensive Environmental Response, Compensation, and Liability
    Act (42 U.S.C. 9601 et seq.).
    (c) Existing disposal sites
      (1) Upon the application or with the concurrence of any party to
    whom the Secretary, prior to November 10, 1988, conveyed land under
    sections 869 to 869-4 of this title, the Secretary may renounce the
    reversionary interests of the United States in such land, or
    portion thereof, if the Secretary finds that such land, or portion
    thereof, has been used for solid waste disposal or for any other
    purpose which the Secretary finds may result in the disposal,
    placement, or release of any hazardous substance, and the Secretary
    may rescind any portion of any patent or other instrument of
    conveyance inconsistent with such renunciation. After such
    renunciation, affected lands shall not under any circumstances
    revert to the United States by the operation of law, and shall
    cease to be subject to the provisions of subsection (a) of this
    section.
      (2) Upon the application or with the concurrence of a party to
    whom the Secretary, prior to November 10, 1988, leased lands
    pursuant to sections 869 to 869-4 of this title, the Secretary may
    convey in fee the lands covered by such lease or any portion
    thereof which have been used for solid waste disposal or for any
    other purpose that the Secretary finds may result in the disposal,
    placement, or release of any hazardous substance. Notwithstanding
    any other provision of sections 869 to 869-4 of this title, a
    patent issued pursuant to this paragraph shall not contain a
    reverter provision and the lands covered by such patent shall not
    under any circumstances revert to the United States by operation of
    law after the issuance of such patent and shall not be subject to
    the provisions of subsection (a) of this section.

-SOURCE-
    (June 14, 1926, ch. 578, Sec. 3, as added June 4, 1954, ch. 263, 68
    Stat. 175; amended Pub. L. 86-292, Sec. 2, Sept. 21, 1959, 73 Stat.
    571; Pub. L. 100-648, Sec. 2, Nov. 10, 1988, 102 Stat. 3813.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Comprehensive Environmental Response, Compensation, and
    Liability Act, referred to in subsec. (b)(7), probably means the
    Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as
    amended, which is classified principally to chapter 103 (Sec. 9601
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 9601 of Title 42 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      Prior provisions on the subject of reverter were formerly
    contained in section 869 of this title. See 1954 Amendment note set
    out under that section. Those prior provisions permanently
    restricted the lands conveyed to a single use, and did not provide,
    as in this section, for transfer by the original grantee or its
    successor.

                                AMENDMENTS                            
      1988 - Pub. L. 100-648 designated existing provision as subsec.
    (a) and added subsecs. (b) and (c).
      1959 - Pub. L. 86-292 struck out sentence which provided that
    this section should cease to be in effect as to any lands patented
    under sections 869 to 869-4 of this title twenty-five years after
    the issuance of patent for such lands.

                            SAVINGS PROVISIONS                        
      Section 3 of Pub. L. 100-648 provided that: "Nothing in this Act
    [amending section 869-2 of this title and enacting provisions set
    out as notes under sections 869 and 869-2 of this title] or the
    amendments made thereby shall be construed to affect the
    applicability and operation of the Comprehensive Environmental
    Response, Compensation[,] and Liability Act [of 1980] (42 U.S.C.
    9601 et seq.) as amended, and the Resource Conservation and
    Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as amended."

       CONGRESSIONAL REVIEW OF CONVEYANCE OF LAND OR RENUNCIATION OF
                          REVERSIONARY INTERESTS
      Section 4 of Pub. L. 100-648 provided that:
      "(a) The Secretary shall not make any conveyance of land or
    renunciation of reversionary interests under this Act [amending
    section 869-2 of this title and enacting provisions set out as
    notes under sections 869 and 869-2 of this title] until he has
    published in the Federal Register regulations implementing this Act
    and until sixty days (not counting days on which the House of
    Representatives or the Senate has adjourned for more than three
    days) after these regulations have been submitted to the Committee
    on Energy and Natural Resources of the Senate and the Committee on
    Interior and Insular Affairs of the House of Representatives.
    [Implementing regulations were published in the Federal Register
    July 23, 1992, 57 F.R. 32730.]
      "(b) During the first three years after enactment of this Act
    [Nov. 10, 1988] the Secretary shall not make any conveyance of land
    or renunciation of reversionary interests under this Act until
    thirty days (not counting days on which the House of
    Representatives or the Senate has adjourned for more than three
    days) after notice of intention to do so has been submitted to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Interior and Insular Affairs of the House of
    Representatives."

-End-

-CITE-
    43 USC Sec. 869-3                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 869-3. Authority for transfers; applicability of section 869-2
      to prior patents; termination of restrictions

-STATUTE-
      The Secretary may authorize transfers of title or changes in use
    in accordance with the provisions of section 869-2 of this title
    with respect to any patent heretofore issued under any Act upon
    application by a patentee qualified to obtain a conveyance under
    section 869-1(a) or 869-1(c) of this title. If the Secretary,
    pursuant to such an application, authorizes such transfer or use,
    all reverter provisions and other limitations on transfer or use,
    under sections 869 to 869-4 of this title or any other Act
    affecting the lands involved, shall cease to be in effect twenty-
    five years after the Secretary authorizes the transfer or use for
    a changed or additional purpose under the provisions of this
    section.

-SOURCE-
    (June 14, 1926, ch. 578, Sec. 4, as added June 4, 1954, ch. 263, 68
    Stat. 175.)

-End-

-CITE-
    43 USC Sec. 869-4                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 869-4. Disposition of moneys received from or on account of
      revested Oregon and California Railroad grant lands or reconveyed
      Coos Bay Wagon Road grant lands

-STATUTE-
      All moneys received from or on account of any revested Oregon and
    California Railroad grant lands or reconveyed Coos Bay Wagon Road
    grant lands under sections 869 to 869-4 of this title shall be
    deposited respectively in the Oregon and California land-grant fund
    and the Coos Bay Wagon Road grant fund, and shall be applied in the
    manner prescribed respectively by section 1181f of this title, and
    by sections 1181f-1 to 1181f-4 of this title.

-SOURCE-
    (June 14, 1926, ch. 578, Sec. 6, as added Pub. L. 86-66, Sec. 3,
    June 23, 1959, 73 Stat. 111.)

-End-

-CITE-
    43 USC Sec. 869a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 869a. Repealed. Pub. L. 86-66, Sec. 1, June 23, 1959, 73 Stat.
      110

-MISC1-
      Section, act Apr. 13, 1928, ch. 370, Secs. 1, 2, 45 Stat. 429,
    extended provisions of section 869 of this title to former Oregon
    and California Railroad grant lands revested in the United States
    and to former Coos Bay Wagon Road grant lands reconveyed to the
    United States.

-End-

-CITE-
    43 USC Sec. 870                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 870. Grants of land in aid of common or public schools;
      extension to those mineral in character; effect of leases

-STATUTE-
      Subject to the provisions of subsections (a), (b), and (c) of
    this section, the several grants to the States of numbered sections
    in place for the support or in aid of common or public schools be,
    and they are, extended to embrace numbered school sections mineral
    in character, unless land has been granted to and/or selected by
    and certified or approved, to any such State or States as indemnity
    or in lieu of any land so granted by numbered sections.
      (a) The grant of numbered mineral sections under this section
    shall be of the same effect as prior grants for the numbered
    nonmineral sections, and titles to such numbered mineral sections
    shall vest in the States at the time and in the manner and be
    subject to all the rights of adverse parties recognized by existing
    law in the grants of numbered nonmineral sections.
      (b) The additional grant made by this section is upon the express
    condition that all sales, grants, deeds, or patents for any of the
    lands so granted shall hereafter be subject to and contain a
    reservation to the State of all the coal and other minerals in the
    lands so sold, granted, deeded, or patented, together with the
    right to prospect for, mine, and remove the same. The coal and
    other mineral deposits in such lands not heretofore disposed of by
    the State shall be subject to lease by the State as the State
    legislature may direct, the proceeds and rentals and royalties
    therefrom to be utilized for the support or in aid of the common or
    public schools: Provided, That any lands or minerals hereafter
    disposed of contrary to the provisions of this section shall be
    forfeited to the United States by appropriate proceedings
    instituted by the Attorney General for that purpose in the United
    States district court for the district in which the property or
    some part thereof is located.
      (c) Except as provided in subsection (d) of this section, any
    lands included within the limits of existing reservations of or by
    the United States, or specifically reserved for water-power
    purposes, or included in any pending suit or proceeding in the
    courts of the United States, or subject to or included in any valid
    application, claim, or right initiated or held under any of the
    existing laws of the United States, unless or until such
    reservation, application, claim, or right is extinguished,
    relinquished, or canceled, and all lands in the Territory of
    Alaska, are excluded from the provisions of this section.
      (d)(1) Notwithstanding subsection (c) of this section, the fact
    that there is outstanding on any numbered school section, whether
    or not mineral in character, at the time of its survey a mineral
    lease or leases entered into by the United States, or an
    application therefor, shall not prevent the grant of such numbered
    school section to the State concerned as provided by this section
    and section 871 of this title.
      (2) Any such numbered school section which has been surveyed
    prior to July 11, 1956, and which has not been granted to the State
    concerned solely by reason of the fact that there was outstanding
    on it at the time of the survey a mineral lease or leases entered
    into by the United States, or an application therefor, is hereby
    granted by the United States to such State under this section as if
    it had not been so leased; and the State shall succeed the position
    of the United States as lessor under such lease or leases.
      (3) Any such numbered school section which is surveyed on or
    after July 11, 1956, and on which there is outstanding at the time
    of such survey a mineral lease or leases entered into by the United
    States, shall (unless excluded from the provisions of this section
    by subsection (c) of this section for a reason other than the
    existence of an outstanding lease) be granted to the State
    concerned immediately upon completion of such survey; and the State
    shall succeed to the position of the United States as lessor under
    such lease or leases.
      (4) The Secretary of the Interior shall, upon application by a
    State, issue patents to the State for the lands granted by this
    section and section 871 of this title, in accordance with section
    871a (!1) of this title. Such patent shall, if the lease is then
    outstanding, include a statement that the State succeeded to the
    position of the United States as lessor at the time the title
    vested in the State.

      (5) Where at the time rents, royalties, and bonuses accrue the
    lands or deposits covered by a single lease are owned in part by
    the State and in part by the United States, the rents, royalties,
    and bonuses shall be allocated between them in proportion to the
    acreage in said lease owned by each.
      (6) As used in this subsection, "lease" includes "permit" and
    "lessor" includes "grantor".

-SOURCE-
    (Jan. 25, 1927, ch. 57, Sec. 1, 44 Stat. 1026; May 2, 1932, ch.
    151, Sec. 1, 47 Stat. 140; Apr. 22, 1954, ch. 169, 68 Stat. 57;
    July 11, 1956, ch. 572, 70 Stat. 529.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 871a of this title, referred to in subsec. (d)(4), was
    repealed by Pub. L. 94-579, title VII, Sec. 705(a), Oct. 21, 1976,
    90 Stat. 2792.

-MISC1-
                                AMENDMENTS                            
      1956 - Subsec. (d). Act July 11, 1956, provided that numbered
    school sections under mineral leases may be granted to a State,
    whether or not the sections are mineral in character, and added
    subpar. (6).
      1954 - Subsec. (c). Act Apr. 22, 1954, Sec. 2, substituted
    "Except as provided in subsection (d) of this section, any" for
    "any".
      Subsec. (d). Act Apr. 22, 1954, Sec. 1, added subsec. (d).
      1932 - Subsec. (b). Act May 2, 1932, inserted "hereafter" in two
    places and "not heretofore disposed of by the State" after "mineral
    deposits in such lands".
      Subsec. (c). Act May 2, 1932, inserted "reservation" before
    "application".

                     EFFECTIVE DATE OF 1932 AMENDMENT                 
      Section 2 of act May 2, 1932, provided that: "This amendatory Act
    [amending this section] shall take effect as of January 25, 1927;
    and in any case in which a State has selected lieu lands since such
    date under the Act approved February 28, 1891 (26 Stat. 796)
    [sections 851 and 852 of this title], and still retains title
    thereto, such State may, within ninety days after the date of the
    enactment of this Act [May 2, 1932], relinquish to the United
    States all right, title, and interest in such lands and shall
    thereupon be entitled to all the benefits of the Act of January 25,
    1927 [sections 870 and 871 of this title], as amended by this Act."

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 871                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 871. Certain grants and laws unaffected

-STATUTE-
      Nothing contained in section 870 of this title is intended or
    shall be held or construed to increase, diminish, or affect the
    rights of States under grants other than for the support of common
    or public schools by numbered school sections in place, and said
    section shall not apply to indemnity or lieu selections or
    exchanges or the right after January 25, 1927, to select indemnity
    for numbered school sections in place lost to the State under the
    provisions of said section or any Acts, and all existing laws
    governing such grants and indemnity or lieu selections and
    exchanges are continued in full force and effect.

-SOURCE-
    (Jan. 25, 1927, ch. 57, Sec. 2, 44 Stat. 1027.)

-End-

-CITE-
    43 USC Sec. 871a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 871a. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act June 21, 1934, ch. 689, 48 Stat. 1185, authorized
    issuance of patents to numbered school sections granted for support
    of common schools.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 872                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 872. Conveyances to United States in connection with
      applications for amendment of patented entries or for exchange of
      land, etc.; withdrawal or rejection of applications;
      reconveyances

-STATUTE-
      Where a conveyance of land has been made or may hereafter be made
    to the United States in connection with an application for
    amendment of a patented entry or entries, or an exchange of lands,
    or for any other purpose, and the application in connection with
    which the conveyance was made is thereafter withdrawn or rejected,
    the Secretary of the Interior or such officer as he may designate
    is authorized and directed, if the deed of conveyance has been
    recorded, to execute a quitclaim deed of the conveyed land to the
    party or parties entitled thereto.

-SOURCE-
    (Apr. 28, 1930, ch. 219, Sec. 6, 46 Stat. 257; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior under this section, with
    respect to execution of quitclaim deeds for lands conveyed to
    United States in connection with exchange transactions involving
    lands under jurisdiction of Secretary of Agriculture, transferred
    to Secretary of Agriculture, see Pub. L. 86-509, June 11, 1960, 74
    Stat. 205, set out as a note under section 2201 of Title 7,
    Agriculture.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 873                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 20 - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES

-HEAD-
    Sec. 873. Lands granted for erecting public buildings; purpose of
      grant

-STATUTE-
      In any case in which public lands of the United States have been
    granted to a State, before May 16, 1958, for the purpose of
    erecting public buildings at the capital of such State for
    legislative, executive, and judicial purposes, the purpose of such
    grant shall be deemed to include construction, reconstruction,
    repair, renovation, and other permanent improvements of such public
    buildings, the acquisition of necessary land for such buildings,
    furnishings and equipment for such buildings, and the payment of
    principal and interest on bonds issued for any such purpose.

-SOURCE-
    (Pub. L. 85-411, May 16, 1958, 72 Stat. 117.)

-End-

-CITE-
    43 USC CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON
           ROADS                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
          CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS      

-MISC1-
    Sec.                                                     
    881.        Cost of survey of grants to railroads; payment.       
    882.        Surveyed lands taxable notwithstanding lien; provisos.
    883.        Collection of costs of surveying, etc.; reimbursement
                 of purchaser.                                        
    884.        Right of forfeiture of railroad grants not affected.  
    885.        Union Pacific Railroad lands.                         
    886.        Survey of lands within limits of railroad grants.     
    887.        Deposits for surveys of lands granted to railroads.   
    888.        Selection by railroads of lands in lieu of lands
                 entered subsequent to accrual of rights; title of
                 settlers.                                            
    889.        Rights of entrymen whose entries had not been admitted
                 to record.                                           
    890.        Homestead entries on railroad lands prior to
                 withdrawal or after restoration to market confirmed. 
    891.        Abandoned railroad lands; reentry.                    
    892.        Entries after expiration of grant.                    
    893.        Rights of permissive settlers on railroad lands
                 restored to public domain.                           
    894.        Adjustment of land grants to railroads.               
    895.        Cancellation of patents erroneously issued;
                 reconveyance.                                        
    896.        Erroneous cancellation of bona fide entries corrected.
    897.        Patents to purchasers from railroads; purchase money. 
    898.        Rights of purchasers from railroads of coterminous
                 lands not within grants.                             
    899.        Limitation of quantity to be conveyed.                
    900.        Suits to cancel patents to lands erroneously issued
                 under railroad or wagon-road grants.                 
    901.        Claims of bona fide purchasers; establishment of
                 rights.                                              
    902.        Cancellation; investigation before suit.              
    903.        Relief of settlers on lands granted in aid of wagon
                 roads.                                               
    904.        Forfeiture of unearned grants; restoration to public
                 domain.                                              
    905.        Homestead entries on forfeited lands.                 
    906.        Purchase by bona fide purchasers from grantees;
                 removal of crops and improvements.                   
    907.        Rights of original grantees to forfeited lands.       
    908.        Deposits by railroad companies for costs of surveying
                 and conveying unsurveyed lands granted.              
    909.        Forfeiture of grant on failure to make deposit.       
    910.        Right to extend public surveys over lands granted, and
                 other rights of United States, not affected.         
    911.        Regulations.                                          
    912.        Disposition of abandoned or forfeited railroad grants.
    913.        Conveyance by land grant railroads of portions of
                 rights of way to State, county, or municipality.     
    914.        Omitted.                                              

-End-

-CITE-
    43 USC Sec. 881                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 881. Cost of survey of grants to railroads; payment

-STATUTE-
      Before any land granted to any railroad company by the United
    States shall be conveyed to such company, or any persons entitled
    thereto under any of the acts incorporating or relating to said
    company, unless such company is exempted by law from the payment of
    such cost, there shall first be paid into the Treasury of the
    United States the cost of surveying, selecting, and conveying the
    same by the said company or persons in interest.

-SOURCE-
    (July 15, 1870, ch. 292, 16 Stat. 305; July 31, 1876, ch. 246, 19
    Stat. 121.)

-End-

-CITE-
    43 USC Sec. 882                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 882. Surveyed lands taxable notwithstanding lien; provisos

-STATUTE-
      No lands granted to any railroad corporation by any Act of
    Congress shall be exempt from taxation by States, Territories, and
    municipal corporations on account of the lien of the United States
    upon the same for the costs of surveying, selecting, and conveying
    the same, or because no patent has been issued therefor; but this
    provision shall not apply to lands unsurveyed: Provided, That any
    such land sold for taxes shall be taken by the purchaser subject to
    the lien for costs of surveying, selecting, and conveying, to be
    paid in such manner by the purchaser as the Secretary of the
    Interior may by rule provide and to all liens of the United States,
    all mortgages of the United States, and all rights of the United
    States in respect of such lands: Provided further, That sections
    882 to 885 of this title shall apply only to lands situated
    opposite to and coterminous with completed portions of said roads,
    and in organized counties: Provided further, That at any sale of
    lands under the provisions of sections 882 to 885 of this title the
    United States may become a preferred purchaser, and in such case
    the lands sold shall be restored to the public domain and disposed
    of as provided by the laws relating thereto.

-SOURCE-
    (July 10, 1886, ch. 764, Sec. 1, 24 Stat. 143.)

-End-

-CITE-
    43 USC Sec. 883                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 883. Collection of costs of surveying, etc.; reimbursement of
      purchaser

-STATUTE-
      If any railroad corporation required by law to pay the costs of
    surveying, selecting, or conveying any lands granted to such
    company or for its use and benefit by Act of Congress shall for
    thirty days neglect or refuse to pay any such costs after demand
    for payment thereof by the Secretary of the Interior, he shall
    notify the Attorney General, who shall at once commence proceedings
    to collect the same. But when any sum shall be collected of such
    railroad company as costs of surveying, selecting, and conveying
    any tract of land which shall have been purchased under the
    provisions of section 882 of this title, the Secretary of the
    Interior shall out of such collections reimburse said purchaser,
    his heirs or assigns, the amount of money paid by him as the costs
    of such surveying, selecting, and conveying.

-SOURCE-
    (July 10, 1886, ch. 764, Sec. 2, 24 Stat. 143.)

-End-

-CITE-
    43 USC Sec. 884                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 884. Right of forfeiture of railroad grants not affected

-STATUTE-
      Sections 882 to 885 of this title shall not affect the right of
    the Government to declare or enforce a forfeiture of any lands so
    granted; but all the rights of the United States to said lands or
    to any interest therein shall be and remain as if said sections had
    not passed, except as to the lien mentioned in section 882 of this
    title.

-SOURCE-
    (July 10, 1886, ch. 764, Sec. 3, 24 Stat. 143.)

-End-

-CITE-
    43 USC Sec. 885                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 885. Union Pacific Railroad lands

-STATUTE-
      The costs of surveying, selecting, and conveying lands granted to
    the Union Pacific Railroad Company shall become due and payable at
    and on the demand therefor made by the Secretary of the Interior as
    provided in section 883 of this title, and nothing in sections 882
    to 885 of this title shall be construed or taken in any wise to
    affect or impair the right of Congress at any time further to
    alter, amend, or repeal the Act of July 2, 1864, chapter 216, as in
    the opinion of Congress, justice or the public welfare may require,
    or to impair or waive any right or remedy in the premises existing
    on July 10, 1886, in favor of the United States. Sections 882 to
    885 of this title shall be subject to alteration, amendment, or
    repeal.

-SOURCE-
    (July 10, 1886, ch. 764, Sec. 4, 24 Stat. 143.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 2, 1864, referred to in text, is act July 2, 1864,
    ch. 216, 13 Stat. 357, which enacted section 942-3 of this title
    and first paragraph of former section 83 of Title 45, Railroads.
    For complete classification of this Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 886                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 886. Survey of lands within limits of railroad grants

-STATUTE-
      For the survey of the public lands lying within the limits of
    land grants made by Congress to aid in the construction of
    railroads, and the selection therein of such lands as are granted
    therefor, to enable the Secretary of the Interior to carry out the
    provisions of section 894 of this title, the sum of $100,000
    heretofore appropriated is made a continuing appropriation for the
    survey of lands within the limits of railroad land grants, and any
    money which shall be expended of such appropriation and reimbursed
    and paid into the Treasury is reappropriated, and said sum shall
    remain a continuing appropriation, and so often as any part of the
    same shall, after being expended, be reimbursed by any railroad
    company as hereinafter provided, the same shall be again available
    for the purposes aforesaid: Provided, That any portion of said sum
    expended for surveying such lands shall be reimbursed by the
    respective companies or parties in interest for whose benefit the
    lands are granted, according to the provisions of section 881 of
    this title: And provided further, That whenever there shall have
    been reimbursed and paid into the Treasury of the United States, by
    the respective companies or parties in interest, any part of said
    appropriation expended for surveys within such grants, there shall
    be immediately available, out of any money in the Treasury not
    otherwise appropriated, an amount equal to the amount so
    reimbursed, and the same shall be available for the survey of the
    public lands lying within the limits of the railroad land grants
    made by Congress, until all of said lands shall have been surveyed:
    Provided, That nothing herein contained shall be construed to
    prevent the use, within the limits of any railroad land grant made
    by Congress, of any part of any regular appropriation for surveying
    the public lands: Provided, That no part of the foregoing money
    shall be used for any land embraced in any grant to the State of
    Florida: And provided further, That the provisions of law requiring
    reimbursements to be made to the United States by railroad
    corporations claiming such grants shall apply equally to the
    successors of such railroad corporations acquiring title to their
    lands and other property, under decree of foreclosure of any
    mortgage authorized by Congress.

-SOURCE-
    (Mar. 2, 1895, ch. 189, Sec. 1, 28 Stat. 937; Pub. L. 96-470, title
    I, Sec. 108(b), Oct. 19, 1980, 94 Stat. 2239.)

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-470 struck out provision requiring Secretary of
    the Interior to report to each regular session of Congress what has
    been done under this section.

                              APPROPRIATIONS                          
      Effective July 1, 1935, the continuing appropriation provided for
    in this section was repealed by act June 26, 1934, ch. 756, Sec. 1,
    48 Stat. 1225.

-End-

-CITE-
    43 USC Sec. 887                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 887. Deposits for surveys of lands granted to railroads

-STATUTE-
      When any railroad company claiming a grant of land under any Act
    of Congress, desiring to secure the survey of any unsurveyed lands
    within the limits of its grant, shall file an application therefor
    in writing with such officer as the Secretary of the Interior may
    designate, and deposit in a proper United States depository to the
    credit of the United States a sum sufficient to pay for such survey
    and for the examination thereof pursuant to law and the rules and
    regulations of the Department of the Interior under the direction
    of the Secretary of the Interior or such officer as he may
    designate, it shall thereupon be the duty of the Secretary or such
    officer, or the Director of the United States Geological Survey, as
    the case may be, to cause said lands to be surveyed.
      For any deposits made by any railroad company hereunder,
    certificates shall be issued, which may be used by such railroad
    company, its successors or assigns, to the same extent as cash is
    now allowed in payment of entries of public lands under existing
    law and regulations for any public lands of the United States in
    the States where the surveys were made, or for any survey or office
    fees due the United States from such railroad company on account of
    surveys of lands within its grant. The Secretary of the Interior
    shall provide such rules and regulations as may be necessary for
    carrying out the foregoing provisions.

-SOURCE-
    (Feb. 27, 1899, ch. 205, 30 Stat. 892; Mar. 3, 1925, ch. 462, 43
    Stat. 1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946,
    11 F.R. 7876, 60 Stat. 1100; Pub. L. 102-154, title I, Nov. 13,
    1991, 105 Stat. 1000.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted for "Geological
    Survey" in first undesignated paragraph pursuant to provision of
    title I of Pub. L. 102-154, set out as a note under section 31 of
    this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Supervisor of Surveys," changed to "such officer as the
    Secretary of the Interior may designate," and two references to
    "Commissioner of the General Land Office," changed to "Secretary of
    the Interior or such officer as he may designate," and "Secretary
    or such officer," respectively, on authority of section 403 of
    Reorg. Plan No. 3 of 1946. See note set out under section 1 of this
    title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 888                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 888. Selection by railroads of lands in lieu of lands entered
      subsequent to accrual of rights; title of settlers

-STATUTE-
      In the adjustment of all railroad land grants, whether made
    directly to any railroad company or to any State for railroad
    purposes, if any of the lands granted be found in the possession of
    an actual settler whose entry or filing has been allowed under the
    preemption or homestead laws of the United States subsequent to the
    time at which, by the decision of the land office, the right of
    said road was declared to have attached to such lands, the
    grantees, upon a proper relinquishment of the lands so entered or
    filed for, shall be entitled to select an equal quantity of other
    lands in lieu thereof from any of the public lands not mineral and
    within the limits of the grant not otherwise appropriated at the
    date of selection, to which they shall receive title the same as
    though originally granted. And any such entries or filings thus
    relieved from conflict may be perfected into complete title as if
    such lands had not been granted: Provided, That nothing herein
    contained shall in any manner be so construed as to enlarge or
    extend any grant to any such railroad or to extend to lands
    reserved in any land grant made for railroad purposes: And provided
    further, That this section shall not be construed so as in any
    manner to confirm or legalize any decision or ruling of the
    Interior Department under which lands have been certified to any
    railroad company when such lands have been entered by a preemption
    or homestead settler after the location of the line of the road and
    prior to the notice to the local land office of the withdrawal of
    such lands from market.

-SOURCE-
    (June 22, 1874, ch. 400, 18 Stat. 194.)

-End-

-CITE-
    43 USC Sec. 889                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 889. Rights of entrymen whose entries had not been admitted to
      record

-STATUTE-
      The privileges granted by section 888 of this title are extended
    (subject to the provisos, limitations, and restrictions thereof) to
    all persons entitled to the right of homestead or preemption under
    the laws of the United States, who have resided upon and improved
    for five years lands granted to any railroad company, but whose
    entries or filings have not for any cause been admitted to record.

-SOURCE-
    (Aug. 29, 1890, ch. 819, 26 Stat. 369.)

-End-

-CITE-
    43 USC Sec. 890                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 890. Homestead entries on railroad lands prior to withdrawal
      or after restoration to market confirmed

-STATUTE-
      All preemption and homestead entries, or entries in compliance
    with any law of the United States, of the public lands, made in
    good faith, by actual settlers, upon tracts of land of not more
    than one hundred and sixty acres each, within the limits of any
    land grant, prior to the time when notice of the withdrawal of the
    lands embraced in such grant was received at the local land office
    of the district in which such lands are situated, or after their
    restoration to market by order of the Bureau of Land Management,
    and where the preemption and homestead laws have been complied
    with, and proper proofs thereof have been made by the parties
    holding such tracts or parcels, shall be confirmed, and patents for
    the same shall issue to the parties entitled thereto.

-SOURCE-
    (Apr. 21, 1876, ch. 72, Sec. 1, 19 Stat. 35; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
    set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 891                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 891. Abandoned railroad lands; reentry

-STATUTE-
      When at the time of such withdrawal as aforesaid, valid
    preemption or homestead claims existed upon any lands within the
    limits of any such grants which afterward were abandoned, and,
    under the decisions and rulings of the Land Department, were
    reentered by preemption or homestead claimants who have complied
    with the laws governing preemption or homestead entries, and shall
    make the proper proofs required under such laws, such entries shall
    be deemed valid, and patents shall issue therefor to the person
    entitled thereto.

-SOURCE-
    (Apr. 21, 1876, ch. 72, Sec. 2, 19 Stat. 35.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 892                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 892. Entries after expiration of grant

-STATUTE-
      All such preemption and homestead entries which may have been
    made by permission of the Land Department, or in pursuance of the
    rules and instructions thereof, within the limits of any land grant
    at a time subsequent to expiration of such grant, shall be deemed
    valid, and a compliance with the laws and the making of the proof
    required shall entitle the holder of such claim to a patent
    therefor.

-SOURCE-
    (Apr. 21, 1876, ch. 72, Sec. 3, 19 Stat. 36.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 893                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 893. Rights of permissive settlers on railroad lands restored
      to public domain

-STATUTE-
      All persons who shall have settled and made valuable and
    permanent improvements upon any odd-numbered section of land within
    any railroad withdrawal in good faith and with the permission or
    license of the railroad company for whose benefit the same shall
    have been made, and with the expectation of purchasing of such
    company the land so settled upon, which land so settled upon and
    improved, may, for any cause, be restored to the public domain, and
    who, at the time of such restoration, may not be entitled to enter
    and acquire title to such land under the homestead laws of the
    United States, shall be permitted, at any time within three months
    after such restoration, and under such rules and regulations as the
    Secretary of the Interior, or such officer as he may designate, may
    prescribe, to purchase not to exceed one hundred and sixty acres in
    extent of the same by legal subdivisions, at the price of $2.50 per
    acre, and to receive patents therefor.

-SOURCE-
    (Jan. 13, 1881, ch. 19, 21 Stat. 315; Mar. 3, 1891, ch. 561, Secs.
    1, 4, 26 Stat. 1095, 1097; Mar. 3, 1893, ch. 208, 27 Stat. 593;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior, or such officer as he may designate,"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 894                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 894. Adjustment of land grants to railroads

-STATUTE-
      The Secretary of the Interior is authorized and directed as of
    March 3, 1887, to adjust, in accordance with the decisions of the
    Supreme Court, each of the railroad land grants made by Congress to
    aid in the construction of railroads and theretofore unadjusted.

-SOURCE-
    (Mar. 3, 1887, ch. 376, Sec. 1, 24 Stat. 556.)

-End-

-CITE-
    43 USC Sec. 895                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 895. Cancellation of patents erroneously issued; reconveyance

-STATUTE-
      If it shall appear, upon the completion of such adjustments,
    respectively, or sooner, that lands were, from any cause, prior to
    March 3, 1887, erroneously certified or patented, by the United
    States, to or for the use or benefit of any company claiming by,
    through, or under grant from the United States, to aid in the
    construction of a railroad, it shall be the duty of the Secretary
    of the Interior to thereupon demand from such company a
    relinquishment or reconveyance to the United States of all such
    lands, whether within granted or indemnity limits; and if such
    company shall neglect or fail to so reconvey such lands to the
    United States within ninety days after the aforesaid demand shall
    have been made, it shall thereupon be the duty of the Attorney
    General to commence and prosecute in the proper courts the
    necessary proceedings to cancel all patents, certification, or
    other evidence of title prior to March 3, 1887, issued for such
    lands, and to restore the title thereof to the United States.

-SOURCE-
    (Mar. 3, 1887, ch. 376, Sec. 2, 24 Stat. 556.)

-End-

-CITE-
    43 USC Sec. 896                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 896. Erroneous cancellation of bona fide entries corrected

-STATUTE-
      If, in the adjustment of said grants, it shall appear that the
    homestead or preemption entry of any bona fide settler has been
    erroneously canceled on account of any railroad grant or the
    withdrawal of public lands from market, such settler upon
    application shall be reinstated in all his rights and allowed to
    perfect his entry by complying with the public-land laws: Provided,
    That he has not located another claim or made an entry in lieu of
    the one so erroneously canceled: And provided also, That he did not
    voluntarily abandon said original entry: And provided further, That
    if any of said settlers do not renew their application to be
    reinstated within a reasonable time, to be fixed by the Secretary
    of the Interior, then all such unclaimed lands shall be disposed of
    under the public-land laws, with priority of right given to bona
    fide purchasers of said unclaimed lands, if any, and if there be no
    such purchasers, then to bona fide settlers residing thereon.

-SOURCE-
    (Mar. 3, 1887, ch. 376, Sec. 3, 24 Stat. 557.)

-End-

-CITE-
    43 USC Sec. 897                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 897. Patents to purchasers from railroads; purchase money

-STATUTE-
      As to all lands, except those mentioned in section 896 of this
    title, which have been so erroneously certified or patented as
    aforesaid, and which have been sold by the grantee company to
    citizens of the United States, or to persons who have declared
    their intention to become such citizens, the person or persons so
    purchasing in good faith, his heirs or assigns, shall be entitled
    to the land so purchased, upon making proof of the fact of such
    purchase at the proper land office, within such time and under such
    rules as may be prescribed by the Secretary of the Interior, after
    the grants respectively shall have been adjusted; and patents of
    the United States shall issue therefor, and shall relate back to
    the date of the original certification or patenting, and the
    Secretary of the Interior, on behalf of the United States, shall
    demand payment from the company which has so disposed of such lands
    of an amount equal to the Government price of similar lands; and in
    case of neglect or refusal of such company to make payment as
    hereafter specified, within ninety days after the demand shall have
    been made, the Attorney General shall cause suit or suits to be
    brought against such company for the said amount: Provided, That
    nothing in sections 894 to 899 of this title shall prevent any
    purchaser of lands erroneously withdrawn, certified, or patented as
    aforesaid from recovering the purchase money therefor from the
    grantee company, less the amount paid to the United States by such
    company as by said sections required: And provided, That a mortgage
    or pledge of said lands by the company shall not be considered as a
    sale for the purpose of said sections, nor shall said sections be
    construed as a declaration of forfeiture of any portion of any land
    grant for conditions broken, or as authorizing an entry for the
    same, or as a waiver of any rights that the United States may have
    on account of any breach of said conditions. Provided further, That
    where such purchasers, their heirs or assigns, have paid only a
    portion of the purchase price to the company, which is less than
    the Government price of similar lands, they shall be required,
    before the delivery of patent for their lands, to pay to the
    Government a sum equal to the difference between the portion of the
    purchase price so paid and the Government price, and in such case
    the amount demanded from the company shall be the amount paid to it
    by such purchaser.

-SOURCE-
    (Mar. 3, 1887, ch. 376, Sec. 4, 24 Stat. 557; Feb. 12, 1896, ch.
    18, 29 Stat. 6.)

-End-

-CITE-
    43 USC Sec. 898                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 898. Rights of purchasers from railroads of coterminous lands
      not within grants

-STATUTE-
      Where any said company shall have sold to citizens of the United
    States, or to persons who have declared their intention to become
    such citizens, as a part of its grant, lands not conveyed to or for
    the use of such company, said lands being the numbered sections
    prescribed in the grant, and being coterminous with the constructed
    parts of said road, and where the lands so sold are for any reason
    excepted from the operation of the grant to said company, it shall
    be lawful for the bona fide purchaser thereof from said company to
    make payment to the United States for said lands at the ordinary
    Government price for like lands, and thereupon patents shall issue
    therefor to the said bona fide purchaser, his heirs or assigns:
    Provided, That all lands shall be excepted from the provisions of
    this section which at the date of such sales were in the bona fide
    occupation of adverse claimants under the preemption or homestead
    laws of the United States, and whose claims and occupation have not
    since been voluntarily abandoned, as to which excepted lands the
    said preemption and homestead claimants shall be permitted to
    perfect their proofs and entries and receive patents therefor:
    Provided further, That this section shall not apply to lands
    settled upon subsequent to the 1st day of December, 1882, by
    persons claiming to enter the same under the settlement laws of the
    United States, as to which lands the parties claiming the same as
    aforesaid shall be entitled to prove up and enter as in other like
    cases.

-SOURCE-
    (Mar. 3, 1887, ch. 376, Sec. 5, 24 Stat. 557.)

-End-

-CITE-
    43 USC Sec. 899                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 899. Limitation of quantity to be conveyed

-STATUTE-
      No more lands shall be certified or conveyed to any State or to
    any corporation or individual, for the benefit of either of the
    companies herein mentioned, where it shall appear to the Secretary
    of the Interior that such transfers may create an excess over the
    quantity of lands to which such State, corporation, or individual
    would be rightfully entitled.

-SOURCE-
    (Mar. 3, 1887, ch. 376, Sec. 7, 24 Stat. 558.)

-End-

-CITE-
    43 USC Sec. 900                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 900. Suits to cancel patents to lands erroneously issued under
      railroad or wagon-road grants

-STATUTE-
      Suits by the United States to vacate and annul any patent to
    lands erroneously issued under a railroad or wagon-road grant shall
    only be brought within six years after the date of the issuance of
    such patents. But no patent to any lands held by a bona fide
    purchaser shall be vacated or annulled, but the right and title of
    such purchaser is hereby confirmed: Provided, That no suit shall be
    brought or maintained, nor shall recovery be had for lands or the
    value thereof, that were certified or patented in lieu of other
    lands covered by a grant which were lost or relinquished by the
    grantee in consequence of the failure of the Government or its
    officers to withdraw the same from sale or entry.

-SOURCE-
    (Mar. 2, 1896, ch. 39, Sec. 1, 29 Stat. 42.)

-End-

-CITE-
    43 USC Sec. 901                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 901. Claims of bona fide purchasers; establishment of rights

-STATUTE-
      If any person claiming to be a bona fide purchaser of any lands
    erroneously patented or certified shall present his claim to the
    Secretary of the Interior prior to the institution of a suit to
    cancel a patent or certification, and if it shall appear that he is
    a bona fide purchaser, the Secretary of the Interior shall request
    that suit be brought in such case against the patentee, or the
    corporation, company, person, or association of persons for whose
    benefit the certification was made, for the value of said land,
    which in no case shall be more than the minimum Government price
    thereof, and the title of such claimant shall stand confirmed. An
    adverse decision by the Secretary of the Interior on the bona fides
    of such claimant shall not be conclusive of his rights, and if such
    claimant, or one claiming to be a bona fide purchaser, but who has
    not submitted his claim to the Secretary of the Interior, is made a
    party to such suit, and if found by the court to be a bona fide
    purchaser, the court shall decree a confirmation of the title, and
    shall render a decree in behalf of the United States against the
    patentee, corporation, company, person, or association of persons
    for whose benefit the certification was made for the value of the
    land as hereinbefore provided. Any bona fide purchaser of lands
    patented or certified to a railroad company, and who is not made a
    party to such suit, and who has not submitted his claim to the
    Secretary of the Interior, may establish his right as such bona
    fide purchaser in any United States court having jurisdiction of
    the subject matter, or at his option, as prescribed in sections 896
    and 897 of this title.

-SOURCE-
    (Mar. 2, 1896, ch. 39, Sec. 2, 29 Stat. 43.)

-End-

-CITE-
    43 USC Sec. 902                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 902. Cancellation; investigation before suit

-STATUTE-
      If at any time prior to the institution of suit by the Attorney
    General to cancel any patent or certification of lands erroneously
    patented or certified a claim or statement is presented to the
    Secretary of the Interior by or on behalf of any person or persons,
    corporation or corporations, claiming that such person or persons,
    corporation or corporations, is a bona fide purchaser or are bona
    fide purchasers of any patented or certified land by deed or
    contract or otherwise, from or through the original patentee or
    corporation to which patent or certification was issued, no suit or
    action shall be brought to cancel or annul the patent or
    certification for said land until such claim is investigated in
    said Department of the Interior; and if it shall appear that such
    person or corporation is a bona fide purchaser as aforesaid, or
    that such persons or corporations are such bona fide purchasers,
    then no such suit shall be instituted and the title of such
    claimant or claimants shall stand confirmed; but the Secretary of
    the Interior shall request that suit be brought in such case
    against the patentee, or the corporation, company, person, or
    association of persons for whose benefit the patent was issued or
    certification was made for the value of the land as hereinbefore
    specified.

-SOURCE-
    (Mar. 2, 1896, ch. 39, Sec. 3, 29 Stat. 43.)

-End-

-CITE-
    43 USC Sec. 903                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 903. Relief of settlers on lands granted in aid of wagon roads

-STATUTE-
      The provision of section 888 of this title and all statutes
    amendatory thereof or supplementary thereto, including sections 894
    to 899 of this title, as modified or supplemented by sections 900
    to 902 of this title, shall apply to grants of land in aid of the
    construction of wagon roads.

-SOURCE-
    (July 1, 1902, ch. 1386, 32 Stat. 733.)

-End-

-CITE-
    43 USC Sec. 904                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 904. Forfeiture of unearned grants; restoration to public
      domain

-STATUTE-
      There is forfeited to the United States, and the United States
    resumes the title thereto, all lands granted prior to September 29,
    1890, to any State or to any corporation to aid in the construction
    of a railroad opposite to and coterminous with the portion of any
    such railroad not on that date completed, and in operation, for the
    construction or benefit of which such lands were granted; and all
    such lands are declared to be a part of the public domain:
    Provided, That sections 904 to 907 of this title shall not be
    construed as forfeiting the right-of-way or station grounds of any
    railroad company granted prior to September 29, 1890.

-SOURCE-
    (Sept. 29, 1890, ch. 1040, Sec. 1, 26 Stat. 496.)

-End-

-CITE-
    43 USC Sec. 905                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 905. Homestead entries on forfeited lands

-STATUTE-
      All persons who, on September 29, 1890, were actual settlers in
    good faith on any of the lands forfeited by section 904 of this
    title and were otherwise qualified, on making due claim on said
    lands under the homestead law within six months after the date of
    the promulgation by the Commissioner of the General Land Office of
    the instructions to the officers of the local land offices, for
    their direction in the disposition of said lands, shall be entitled
    to a preference right to enter the same under the provisions of the
    homestead law and sections 904 to 907 of this title, and shall be
    regarded as such actual settlers from the date of actual settlement
    or occupation; and any person who prior to September 29, 1890, has
    not had the benefit of the homestead or preemption law, or who has
    failed from any cause to perfect the title to a tract of land
    theretofore entered by him under either of said laws, may make a
    second homestead entry under the provisions of sections 904 to 907
    of this title. The Secretary of the Interior shall make such rules
    as will secure to such actual settlers these rights: Provided, That
    nothing herein shall extend any time or enlarge any rights given by
    sections 904 to 907 of this title to any railroad company.

-SOURCE-
    (Sept. 29, 1890, ch. 1040, Sec. 2, 26 Stat. 496; Feb. 18, 1891, ch.
    244, 26 Stat. 764.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Office of Commissioner of General Land Office abolished and
    functions transferred to Secretary of the Interior, or that officer
    as he may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff.
    July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. See note set out under
    section 1 of this title.

-End-

-CITE-
    43 USC Sec. 906                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 906. Purchase by bona fide purchasers from grantees; removal
      of crops and improvements

-STATUTE-
      In all cases where persons being citizens of the United States,
    or who have declared their intentions to become such, in accordance
    with the naturalization laws of the United States, are in
    possession of any of the lands affected by any such grant and
    resumed by and restored to the United States, under deed, written
    contract with, or license from, the State or corporation to which
    such grant was made, or its assignees, executed prior to January 1,
    1888, or where persons may have settled said lands with bona fide
    intent to secure title thereto by purchase from the State or
    corporation when earned by compliance with the conditions or
    requirements of the granting Acts of Congress they shall be
    entitled to purchase the same from the United States, in quantities
    not exceeding three hundred and twenty acres to any one such
    person, at the rate of $1.25 per acre, at any time prior to January
    1, 1899, and on making said payments to receive patents therefor,
    and where any such person in actual possession of any such lands
    and having improved the same prior to the 1st day of January, 1890,
    under deed, written contract, or license as aforesaid, or his
    assignor, has made partial or full payments to said railroad
    company prior to said date, on account of the purchase price of
    said lands from it, on proof of the amount of such payments he
    shall be entitled to have the same, to the extent and amount of
    $1.25 per acre, if so much has been paid, and not more, credited to
    him on account of and as part of the purchase price herein provided
    to be paid the United States for said lands, or such persons may
    elect to abandon their purchases and make claim on said lands under
    the homestead law and as provided in section 905 of this title:
    Provided, That in all cases where parties, persons, or
    corporations, with the permission of such State or corporation, or
    its assignees, are in the possession of and have made improvements
    upon any of the lands resumed and restored, and are not entitled to
    enter the same under the provisions of sections 904 to 907 of this
    title, such parties, persons, or corporations shall have six months
    in which to remove any growing crop, and within which time they
    shall also be entitled to remove all buildings and other movable
    improvements from said lands: Provided further, That the provisions
    of this section shall not apply to any lands situated in the State
    of Iowa on which any person in good faith has made or asserted the
    right to make a preemption or homestead settlement: And provided
    further, That nothing in sections 904 to 907 of this title
    contained shall be construed as limiting the rights granted to
    purchasers or settlers by sections 894 to 899 of this title, or as
    repealing, altering, or amending said sections, nor as in any
    manner affecting any cause of action existing in favor of any
    purchaser against his grantor for breach of any covenants of title.
      Actual residence upon the lands by persons claiming the right to
    purchase the same shall not be required where such lands have been
    fenced, cultivated, or otherwise improved by such claimants, and
    such persons shall be permitted to purchase two or more tracts of
    such lands by legal subdivisions, whether contiguous or not, but
    not exceeding three hundred and twenty acres in the aggregate.
      Nothing herein contained shall be so construed as to interfere
    with any adverse claim that may have attached to the lands or any
    part thereof.

-SOURCE-
    (Sept. 29, 1890, ch. 1040, Sec. 3, 26 Stat. 496; Feb. 18, 1891, ch.
    244, 26 Stat. 764; June 25, 1892, ch. 133, 27 Stat. 59; Jan. 31,
    1893, ch. 54, 27 Stat. 427; Dec. 12, 1893, ch. 1, 28 Stat. 15; Jan.
    23, 1896, ch. 8, 29 Stat. 4; Feb. 18, 1897, ch. 250, 29 Stat. 535.)

-End-

-CITE-
    43 USC Sec. 907                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 907. Rights of original grantees to forfeited lands

-STATUTE-
      No lands declared forfeited to the United States by sections 904
    to 907 of this title shall by reason of such forfeiture inure to
    the benefit of any State or corporation to which lands may have
    been granted by Congress, except as therein otherwise provided; nor
    shall said sections be construed to enlarge the area of land
    originally covered by any such grant, or to confer any right upon
    any State, corporation, or person to lands which were excepted from
    such grant. Nor shall the moiety of the lands granted to any
    railroad company on account of a main and a branch line
    appertaining to uncompleted road, and forfeited by section 904 of
    this title, within the conflicting limits of the grants for such
    main and branch lines, when but one of such lines has been
    completed, inure by virtue of the forfeiture declared to the
    benefit of the completed line.

-SOURCE-
    (Sept. 29, 1890, ch. 1040, Sec. 6, 26 Stat. 498.)

-End-

-CITE-
    43 USC Sec. 908                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 908. Deposits by railroad companies for costs of surveying and
      conveying unsurveyed lands granted

-STATUTE-
      To enable the Secretary of the Interior to complete the
    adjustment of land grants made by Congress to aid in the
    construction of railroads, and to subject the lands granted to
    taxation by States, Territories, and municipal authorities, any
    railroad corporation required by law to pay the costs of surveying,
    selecting, or conveying any lands granted to such company or
    corporation, or for its use and benefit, by any Act of Congress, is
    required, within ninety days from demand by the Secretary of the
    Interior, to deposit in a proper United States depository to the
    credit of the United States a sum sufficient to pay the cost of
    surveying, selecting, and conveying any of the unsurveyed lands
    granted to such company, or for its use and benefit, under any Act
    of Congress: Provided further, That the Secretary of the Interior
    shall determine and specify in the notice or demand to such company
    the amount of the required deposit, and may, in his discretion,
    demand a sum sufficient to cover the cost of the survey, selection,
    and conveyance of the entire area granted to any company, or for
    its use and benefit, then unsurveyed, or for such townships or
    fractional townships as he may prescribe and designate in the
    notice or demand to such company, as aforesaid: And provided
    further, That the amount deposited shall, subject to the rules and
    regulations of the Department of the Interior, under the direction
    of the Secretary of the Interior or such officer as he may
    designate, be disbursed for the surveying, including office and
    field work, selection, and conveyance of the lands granted and
    designated in the notice of the Secretary of the Interior, as
    aforesaid: And provided further, That in the event the money
    deposited by any railroad corporation under the provisions of
    sections 908 to 911 of this title shall exceed the cost of said
    surveys, the said excess thereof shall be repaid to the corporation
    so depositing the same, or to its assigns.

-SOURCE-
    (June 25, 1910, ch. 406, Sec. 1, 36 Stat. 834; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-MISC1-
                              APPROPRIATIONS                          
      Effective July 1, 1935, the continuing appropriation provided for
    in this section was repealed by act June 26, 1934, ch. 756, Sec. 1,
    48 Stat. 1225.

-End-

-CITE-
    43 USC Sec. 909                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 909. Forfeiture of grant on failure to make deposit

-STATUTE-
      If any railroad corporation required by law to pay the costs of
    surveying, selecting, or conveying any lands granted to such
    corporation, or for its use and benefit, by any Act of Congress,
    shall, for ninety days from notice or demand by the Secretary of
    the Interior, as provided by section 908 of this title, neglect or
    refuse to deposit an amount sufficient to meet the expense of
    surveying, selecting, and conveying the unsurveyed lands granted to
    such company, or for its use and benefit, by any Act of Congress,
    and designated in the notice or demand by the Secretary of the
    Interior, as aforesaid, the rights, title, and interests of such
    company, and all those claiming by, through, or under it, in and to
    the unsurveyed lands designated in the notice of the Secretary, as
    aforesaid, shall cease and forfeit to the United States; and the
    Secretary of the Interior shall notify the Attorney General, who
    shall at once commence proceedings to declare the forfeiture and to
    restore the lands forfeited to the public domain.

-SOURCE-
    (June 25, 1910, ch. 406, Sec. 2, 36 Stat. 834.)

-End-

-CITE-
    43 USC Sec. 910                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 910. Right to extend public surveys over lands granted, and
      other rights of United States, not affected

-STATUTE-
      Sections 908 to 911 of this title shall not affect the right of
    the Secretary of the Interior to cause the public surveys to be
    extended over any lands granted to any railroad or corporation by
    any Act of Congress in the manner on June 25, 1910, otherwise
    provided by law, nor shall any claim, right, interest, or demand of
    the Government of the United States be waived or annulled by the
    provisions thereof: Provided, That all granted lands surveyed under
    the provisions of said sections shall be subject to taxation by
    States, Territories, and municipal authorities, and the right of
    the Government to reimburse itself for the survey, selection, and
    conveyance of such lands otherwise provided by law shall remain in
    full force and effect.

-SOURCE-
    (June 25, 1910, ch. 406, Sec. 3, 36 Stat. 834.)

-End-

-CITE-
    43 USC Sec. 911                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 911. Regulations

-STATUTE-
      The Secretary of the Interior shall prescribe such rules and
    regulations as will be necessary to the carrying out of the
    provisions of sections 908 to 910 of this title.

-SOURCE-
    (June 25, 1910, ch. 406, Sec. 4, 36 Stat. 835.)

-End-

-CITE-
    43 USC Sec. 912                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 912. Disposition of abandoned or forfeited railroad grants

-STATUTE-
      Whenever public lands of the United States have been or may be
    granted to any railroad company for use as a right of way for its
    railroad or as sites for railroad structures of any kind, and use
    and occupancy of said lands for such purposes has ceased or shall
    hereafter cease, whether by forfeiture or by abandonment by said
    railroad company declared or decreed by a court of competent
    jurisdiction or by Act of Congress, then and thereupon all right,
    title, interest, and estate of the United States in said lands
    shall, except such part thereof as may be embraced in a public
    highway legally established within one year after the date of said
    decree or forfeiture or abandonment be transferred to and vested in
    any person, firm, or corporation, assigns, or successors in title
    and interest to whom or to which title of the United States may
    have been or may be granted, conveying or purporting to convey the
    whole of the legal subdivision or subdivisions traversed or
    occupied by such railroad or railroad structures of any kind as
    aforesaid, except lands within a municipality the title to which,
    upon forfeiture or abandonment, as herein provided, shall vest in
    such municipality, and this by virtue of the patent thereto and
    without the necessity of any other or further conveyance or
    assurance of any kind or nature whatsoever: Provided, That this
    section shall not affect conveyances made by any railroad company
    of portions of its right of way if such conveyance be among those
    which have been or may after March 8, 1922, and before such
    forfeiture or abandonment be validated and confirmed by any Act of
    Congress; nor shall this section affect any public highway on said
    right of way on March 8, 1922: Provided further, That the transfer
    of such lands shall be subject to and contain reservations in favor
    of the United States of all oil, gas, and other minerals in the
    land so transferred and conveyed, with the right to prospect for,
    mine, and remove same.

-SOURCE-
    (Mar. 8, 1922, ch. 94, 42 Stat. 414.)

-End-

-CITE-
    43 USC Sec. 913                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 913. Conveyance by land grant railroads of portions of rights
      of way to State, county, or municipality

-STATUTE-
      All railroad companies to which grants for rights of way through
    the public lands have been made by Congress, or their successors in
    interest or assigns, are authorized to convey to any State, county,
    or municipality any portion of such right of way to be used as a
    public highway or street: Provided, That no such conveyance shall
    have the effect to diminish the right of way of such railroad
    company to a less width than 50 feet on each side of the center of
    the main track of the railroad as now established and maintained.

-SOURCE-
    (May 25, 1920, ch. 197, 41 Stat. 621.)

-End-

-CITE-
    43 USC Sec. 914                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21 - GRANTS IN AID OF RAILROADS AND WAGON ROADS

-HEAD-
    Sec. 914. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 18, 1874, ch. 305, 18 Stat. 80, provided for
    issuance of patents for lands granted State of Oregon prior to June
    18, 1874, upon certificate of Governor that wagon roads, in aid of
    which lands were granted, had been built.

-End-

-CITE-
    43 USC CHAPTER 21A - FORFEITURE OF NORTHERN PACIFIC
           RAILROAD INDEMNITY LAND GRANTS                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21A - FORFEITURE OF NORTHERN PACIFIC RAILROAD INDEMNITY LAND
                   GRANTS                        

-HEAD-
      CHAPTER 21A - FORFEITURE OF NORTHERN PACIFIC RAILROAD INDEMNITY
                                LAND GRANTS

-End-

-CITE-
    43 USC Secs. 921 to 929                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 21A - FORFEITURE OF NORTHERN PACIFIC RAILROAD INDEMNITY LAND
                   GRANTS                        

-HEAD-
    Secs. 921 to 929. Omitted

-COD-
                               CODIFICATION                           
      Section 921, act June 25, 1929, ch. 41, Sec. 1, 46 Stat. 41,
    related to forfeiture of any and all lands within indemnity limits
    of land grants to the Northern Pacific Railroad.
      Section 922, act June 25, 1929, ch. 41, Sec. 2, 46 Stat. 42,
    related to forfeiture of all unsatisfied indemnity selection
    rights.
      Section 923, act June 25, 1929, ch. 41, Sec. 3, 46 Stat. 42,
    related to effect of provisions of this chapter on various prior
    statutory provisions affecting the railroad.
      Section 924, act June 25, 1929, ch. 41, Sec. 4, 46 Stat. 42,
    related to effect of provisions of this chapter on title to rights
    of way actually in use by railroad.
      Section 925, act June 25, 1929, ch. 41, Sec. 5, 46 Stat. 42,
    authorized Attorney General to institute and prosecute all suits
    affecting title to lands.
      Section 926, act June 25, 1929, ch. 41, Sec. 6, 46 Stat. 43,
    related to restitution by railroads of lands which were not earned
    or erroneously credited.
      Section 927, act June 25, 1929, ch. 41, Sec. 7, 46 Stat. 43,
    related to jurisdiction of suits.
      Section 928, act June 25, 1929, ch. 41, Sec. 8, 46 Stat. 44,
    related to reports and recommendations to Congress concerning final
    determinations in such actions.
      Section 929, act June 25, 1929, ch. 41, Sec. 9, 46 Stat. 44,
    related to withholding of approval of adjustments of land grants
    pending final determination of actions.

-End-

-CITE-
    43 USC CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN
           PUBLIC LANDS                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
      CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS  

-MISC1-
    Sec.                                                     
    931.        Navigable rivers as public highways.                  
    931a.       Authority of Attorney General to grant easements and
                 rights-of-way to States, etc.                        
    931b.       Repealed.                                             
    931c.       Permits, leases, or easements; authorization to grant;
                 payment; limitation.                                 
    931d.       Additional authority of department or agency head.    
    932, 933.   Repealed.                                             
    934.        Right of way through public lands granted to
                 railroads.                                           
    935.        Several roads through canyons.                        
    936.        Condemnation of private land.                         
    937.        Filing profile of road; forfeiture of rights.         
    938.        Lands excepted.                                       
    939.        Alteration, amendment, or repeal.                     
    940.        Forfeiture of rights where railroad not constructed in
                 five years after location.                           
    941.        Railroad stations on rights of way granted.           
    942.        Omitted.                                              
    942-1.      Rights of way in Alaska; railroad rights of way;
                 reservations; water transportation connections; State
                 title to submerged lands; Federal repossession as
                 trustee; "navigable waters" defined; posting
                 schedules of rates; changes in rates.                
    942-2.      Rights of several roads through canyons.              
    942-3.      Condemnation of land.                                 
    942-4.      Filing preliminary survey, map and profile of road.   
    942-5.      Filing map and profile of road section; forfeiture of
                 rights; reversion of grant.                          
    942-6.      Rights of way for Alaskan wagon roads, wire rope,
                 aerial, or other tramways; reservations; filing
                 preliminary survey and map of location; alteration,
                 amendment, repeal, or grant of equal rights;
                 forfeiture of rights; reversion of grant; liens.     
    942-7.      Military park, Indian or other reservation.           
    942-8.      Reservation of right of alteration, amendment, or
                 repeal; assignment of right of way.                  
    942-9.      Map location of road.                                 
    943.        Right of way for railroads; reserved lands in
                 Minnesota.                                           
    944.        Right of way in Oklahoma and Arizona.                 
    945.        Reservation in patents of right of way for ditches or
                 canals.                                              
    945a.       Compensation for rights-of-way for certain reclamation
                 projects.                                            
    945b.       Jurisdiction; procedure.                              
    946.        Right of way to canal ditch companies and irrigation
                 or drainage districts for irrigation or drainage
                 purposes and operation and maintenance of reservoirs,
                 canals, and laterals.                                
    947.        Map; damages to settlers.                             
    948.        Application to existing and future canals.            
    949.        Use for canal or ditch only.                          
    950.        Right of way to canal and ditch companies for
                 irrigation purposes; additional grants.              
    951.        Right of way for water transportation, domestic
                 purposes, or development of power.                   
    952.        Reservoir sites for water for livestock.              
    953.        Declaratory statement as to reservoirs.               
    954.        Survey; map of reservoirs.                            
    955.        Amendment, alteration, or repeal.                     
    956.        Right of way for tramroads, canals, or reservoirs.    
    957.        Right of way to electric power companies.             
    958.        Rights of way for wagon roads or railroads.           
    959.        Rights of way for electrical plants, etc.             
    961.        Rights-of-way through public lands, Indian, and other
                 reservations for power and communications facilities.
    962.        Right of way in Colorado and Wyoming to pipeline
                 companies.                                           
    963.        Applications for Colorado and Wyoming pipeline right
                 of way.                                              
    964.        Limit of time for completion of Colorado and Wyoming
                 pipelines; forfeiture.                               
    965.        Restriction on use of Colorado and Wyoming pipeline
                 right of way.                                        
    966.        Right of way in Arkansas to pipe-line companies.      
    967.        Applications for Arkansas pipeline right of way.      
    968.        Restriction on use of Arkansas pipeline right of way. 
    969.        Forfeiture of Arkansas pipeline right of way for
                 nonuser, etc.                                        
    970.        Forfeiture of Arkansas pipeline right of way for
                 violation of antitrust law.                          
    971.        Bathhouses, hotels, etc., adjacent to mineral,
                 medicinal, etc., springs on public lands.            
    971a.       Alaskan lands within highway, telephone, and pipeline
                 withdrawals; disposal; amendment of land description
                 of claim or entry on adjoining lands.                
    971b.       Sale of restored Alaskan lands; preference rights;
                 consent of Federal agency.                           
    971c.       Utilization or occupancy of Alaskan easements; consent
                 of agency.                                           
    971d.       Effect on valid existing Alaskan rights.              
    971e.       Definition of restored Alaskan lands.                 
    975 to 975g. Repealed.                                            

-End-

-CITE-
    43 USC Sec. 931                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 931. Navigable rivers as public highways

-STATUTE-
      All navigable rivers, within the territory occupied by the public
    lands, shall remain and be deemed public highways; and, in all
    cases where the opposite banks of any streams not navigable belong
    to different persons, the stream and the bed thereof shall become
    common to both.

-SOURCE-
    (R.S. Sec. 2476.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2476 derived from acts May 18, 1796, ch. 29, Sec. 9, 1
    Stat. 468; Mar. 3, 1803, ch. 27, Sec. 17, 2 Stat. 235.

-End-

-CITE-
    43 USC Sec. 931a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 931a. Authority of Attorney General to grant easements and
      rights-of-way to States, etc.

-STATUTE-
      The Attorney General, whenever he deems it advantageous to the
    Government and upon such terms and conditions as he deems
    advisable, is authorized on behalf of the United States to grant to
    any State, or any agency or political subdivision thereof,
    easements in and rights-of-way over lands belonging to the United
    States which are under his supervision and control. Such grant may
    include the use of such easements or rights-of-way by public
    utilities to the extent authorized and under the conditions imposed
    by the laws of such State relating to use of public highways. Such
    partial, concurrent, or exclusive jurisdiction over the areas
    covered by such easements or rights-of-way, as the Attorney General
    deems necessary or desirable, is ceded to such State. The Attorney
    General is authorized to accept or secure on behalf of the United
    States from the State in which is situated any land conveyed in
    exchange for any such easement or right-of-way, such jurisdiction
    as he may deem necessary or desirable over the land so acquired.

-SOURCE-
    (May 9, 1941, ch. 94, 55 Stat. 183.)

-End-

-CITE-
    43 USC Sec. 931b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 931b. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.
      641

-MISC1-
      Section, act July 24, 1946, ch. 596, Sec. 7, 60 Stat. 643,
    authorized Secretary of War to grant easements and rights-of-way to
    States, etc. See section 2668 of Title 10, Armed Forces.

-End-

-CITE-
    43 USC Sec. 931c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 931c. Permits, leases, or easements; authorization to grant;
      payment; limitation

-STATUTE-
      The head of any department or agency of the Government of the
    United States having jurisdiction over public lands and national
    forests, except national parks and monuments, of the United States
    is authorized to grant permits, leases, or easements, in return for
    the payment of a price representing the fair market value of such
    permit, lease, or easement, to be fixed by such head of such
    department or agency through appraisal, for a period not to exceed
    thirty years from the date of any such permit, lease, or easement
    to States, counties, cities, towns, townships, municipal
    corporations, or other public agencies for the purpose of
    constructing and maintaining on such lands public buildings or
    other public works. In the event such lands cease to be used for
    the purpose for which such permit, lease, or easement was granted,
    the same shall thereupon terminate.

-SOURCE-
    (Sept. 3, 1954, ch. 1255, Sec. 1, 68 Stat. 1146.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

                          EXISTING RIGHTS-OF-WAY                      
      Provisions of section 706(a) of Pub. L. 94-579, except as
    pertaining to rights-of-way, not to be construed as affecting the
    authority of the Secretary of Agriculture under this section, see
    section 706(b) of Pub. L. 94-579, set out as a note under section
    1701 of this title.

-End-

-CITE-
    43 USC Sec. 931d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 931d. Additional authority of department or agency head

-STATUTE-
      The authority conferred by section 931c of this title shall be in
    addition to, and not in derogation of any authority heretofore
    conferred upon the head of any department or agency of the
    Government of the United States to grant permits, leases,
    easements, or rights-of-way.

-SOURCE-
    (Sept. 3, 1954, ch. 1255, Sec. 2, 68 Stat. 1146.)

-End-

-CITE-
    43 USC Sec. 932                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 932. Repealed. Pub. L. 94-579, title VII, Sec. 706(a), Oct.
      21, 1976, 90 Stat. 2793

-MISC1-
      Section, R.S. Sec. 2477, authorized rights of way for
    construction of highways over public lands not reserved for public
    uses.

                         EFFECTIVE DATE OF REPEAL                     
      Section 706(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

                    REGULATIONS AFFECTING RIGHTS-OF-WAY                
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec.
    108], Sept. 30, 1996, 110 Stat. 3009-181, 3009-200, provided that:
    "No final rule or regulation of any agency of the Federal
    Government pertaining to the recognition, management, or validity
    of a right-of-way pursuant to Revised Statute 2477 ([former] 43
    U.S.C. 932) shall take effect unless expressly authorized by an Act
    of Congress subsequent to the date of enactment of this Act [Sept.
    30, 1996]."

-End-

-CITE-
    43 USC Sec. 933                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 933. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-
      Section, act July 5, 1884, ch. 214, Sec. 6, 23 Stat. 104, related
    to powers of Secretary of War to permit extension of roads across
    military reservations, landing of ferries, erection of bridges, and
    driving of livestock. See sections 4777 and 9777 of Title 10, Armed
    Forces.

-End-

-CITE-
    43 USC Sec. 934                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 934. Right of way through public lands granted to railroads

-STATUTE-
      The right of way through the public lands of the United States is
    granted to any railroad company duly organized under the laws of
    any State or Territory, except the District of Columbia, or by the
    Congress of the United States, which shall have filed with the
    Secretary of the Interior a copy of its articles of incorporation,
    and due proofs of its organization under the same, to the extent of
    one hundred feet on each side of the central line of said road;
    also the right to take, from the public lands adjacent to the line
    of said road, material, earth, stone, and timber necessary for the
    construction of said railroad; also ground adjacent to such right
    of way for station buildings, depots, machine shops, side tracks,
    turnouts, and water stations, not to exceed in amount twenty acres
    for each station, to the extent of one station for each ten miles
    of its road.

-SOURCE-
    (Mar. 3, 1875, ch. 152, Sec. 1, 18 Stat. 482.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 935                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 935. Several roads through canyons

-STATUTE-
      Any railroad company whose right of way, or whose track or
    roadbed upon such right of way, passes through any canyon, pass, or
    defile, shall not prevent any other railroad company from the use
    and occupancy of the said canyon, pass, or defile, for the purposes
    of its road, in common with the road first located, on the crossing
    of other railroads at grade. And the location of such right of way
    through any canyon, pass, or defile shall not cause the disuse of
    any wagon or other public highway located therein on March 3, 1875,
    nor prevent the location through the same of any such wagon road or
    highway where such road or highway may be necessary for the public
    accommodation; and where any change in the location of such wagon
    road is necessary to permit the passage of such railroad through
    any canyon, pass, or defile, said railroad company shall before
    entering upon the ground occupied by such wagon road, cause the
    same to be reconstructed at its own expense in the most favorable
    location, and in as perfect a manner as the original road:
    Provided, That such expenses shall be equitably divided between any
    number of railroad companies occupying and using the same canyon,
    pass, or defile.

-SOURCE-
    (Mar. 3, 1875, ch. 152, Sec. 2, 18 Stat. 482.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 936                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 936. Condemnation of private land

-STATUTE-
      The legislature of the proper Territory may provide for the
    manner in which private lands and possessory claims on the public
    lands of the United States may be condemned; and where such
    provision shall not have been made, such condemnation may be made
    in accordance with section 3 of the act entitled "An Act to amend
    an Act entitled 'An Act to aid in the construction of a railroad
    and telegraph line from the Missouri River to the Pacific Ocean,
    and to secure to the Government the use of the same for postal,
    military, and other purposes, approved July 1, 1862,' " approved
    July 2, 1864 [43 U.S.C. 942-3].

-SOURCE-
    (Mar. 3, 1875, ch. 152, Sec. 3, 18 Stat. 482.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 937                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 937. Filing profile of road; forfeiture of rights

-STATUTE-
      Any railroad company desiring to secure the benefits of sections
    934 to 939 of this title, shall, within twelve months after the
    location of any section of twenty miles of its road, if the same be
    upon surveyed lands, and, if upon unsurveyed lands, within twelve
    months after the survey thereof by the United States, file with the
    officer, as the Secretary of the Interior may designate, of the
    land office for the district where such land is located a profile
    of its road; and upon approval thereof by the Secretary of the
    Interior the same shall be noted upon the plats in said office; and
    thereafter all such lands over which such right of way shall pass
    shall be disposed of subject to such right of way: Provided, That
    if any section of said road shall not be completed within five
    years after the location of said section, the rights herein granted
    shall be forfeited as to any such uncompleted section of said road.

-SOURCE-
    (Mar. 3, 1875, ch. 152, Sec. 4, 18 Stat. 483; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district land
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 938                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 938. Lands excepted

-STATUTE-
      Sections 934 to 939 of this title shall not apply to any lands
    within the limits of any military, park, or Indian reservation, or
    other lands especially reserved from sale, unless such right of way
    shall be provided for by treaty-stipulation or by Act of Congress
    passed prior to March 3, 1875.

-SOURCE-
    (Mar. 3, 1875, ch. 152, Sec. 5, 18 Stat. 483.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 939                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 939. Alteration, amendment, or repeal

-STATUTE-
      Congress reserves the right at any time to alter, amend, or
    repeal sections 934 to 939 of this title, or any part thereof.

-SOURCE-
    (Mar. 3, 1875, ch. 152, Sec. 6, 18 Stat. 483.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 940                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 940. Forfeiture of rights where railroad not constructed in
      five years after location

-STATUTE-
      Each and every grant of right of way and station grounds made
    prior to February 25, 1909, to any railroad corporation under
    sections 934 to 939 of this title, where such railroad had not been
    constructed and the period of five years next following the
    location of said road, or any section thereof, had on that date
    expired, is declared forfeited to the United States, to the extent
    of any portion of such located line then remaining unconstructed,
    and the United States resumes the full title to the lands covered
    thereby free and discharged from such easement, and the forfeiture
    declared shall, without need of further assurance or conveyance,
    inure to the benefit of any owner or owners of land conveyed by the
    United States prior to such date subject to any such grant of right
    of way or station grounds: Provided, That no right of way on which
    construction was progressing in good faith on February 25, 1909,
    shall be in any wise affected, validated, or invalidated, by the
    provisions of this section.

-SOURCE-
    (June 26, 1906, ch. 3350, 34 Stat. 482; Feb. 25, 1909, ch. 191, 35
    Stat. 647.)

-End-

-CITE-
    43 USC Sec. 941                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 941. Railroad stations on rights of way granted

-STATUTE-
      All railroad companies operating railroads through the
    Territories of the United States over a right of way obtained under
    any grant or Act of Congress giving to said railroad companies the
    right of way over the public lands of the United States shall be
    required to establish and maintain passenger stations and freight
    depots at or within one-fourth of a mile of the boundary limits of
    all town sites established prior to August 8, 1894, in said
    Territories on the line of said railroads by authority of the
    Interior Department.

-SOURCE-
    (Aug. 8, 1894, ch. 236, Sec. 1, 28 Stat. 263.)

-End-

-CITE-
    43 USC Sec. 942                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942. Omitted

-COD-
                               CODIFICATION                           
      Section, act Aug. 8, 1894, ch. 236, Sec. 2, 28 Stat. 263,
    required railroad companies to establish within three months after
    Aug. 8, 1894, passenger and freight stations in all towns.

-End-

-CITE-
    43 USC Sec. 942-1                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-1. Rights of way in Alaska; railroad rights of way;
      reservations; water transportation connections; State title to
      submerged lands; Federal repossession as trustee; "navigable
      waters" defined; posting schedules of rates; changes in rates

-STATUTE-
      The right of way through the lands of the United States in Alaska
    is granted to any railroad company, duly organized under the laws
    of any State or Territory or by the Congress of the United States,
    which may on and after May 14, 1898, file for record with the
    Secretary of the Interior a copy of its articles of incorporation
    and due proofs of its organization under the same, to the extent of
    one hundred feet on each side of the center line of said road; also
    the right to take from the lands of the United States adjacent to
    the line of said road, material, earth, stone, and timber necessary
    for the construction of said railroad; also the right to take for
    railroad uses, subject to the reservation of all minerals and coal
    therein, public lands adjacent to said right of way for station
    buildings, depots, machine shops, side tracks, turn-outs, water
    stations, and terminals, and other legitimate railroad purposes,
    not to exceed in amount twenty acres for each station, to the
    extent of one station for each ten miles of its road, excepting at
    terminals and junction points, which may include additional forty
    acres, to be limited on navigable waters to eighty rods on the
    shore line, and with the right to use such additional ground as may
    in the opinion of the Secretary of the Interior be necessary where
    there are heavy cuts or fills: Provided, That nothing herein
    contained shall be so construed as to give to such railroad
    company, its lessees, grantees, or assigns the ownership or use of
    minerals, including coal, within the limits of its right of way, or
    of the lands granted: Provided further, That all mining operations
    prosecuted or undertaken within the limits of such right of way or
    of the lands granted shall under rules and regulations to be
    prescribed by the Secretary of the Interior, be so conducted as not
    to injure or interfere with the property or operations of the road
    over its said lands or right of way. And when such railway shall
    connect with any navigable stream or tide water such company shall
    have power to construct and maintain necessary piers and wharves
    for connection with water transportation, subject to the
    supervision of the Secretary of the Treasury: Provided, That
    nothing in sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9
    of this title and sections 607a and 615a of title 16 contained
    shall be construed as impairing in any degree the title of any
    State that may hereafter be erected out of the Territory of Alaska,
    or any part thereof, to tide lands and beds of any of its navigable
    waters, or the right of such State to regulate the use thereof, nor
    the right of the United States to resume possession of such lands,
    it being declared that all such rights shall continue to be held by
    the United States in trust for the people of any State or States
    which may on and after May 14, 1898, be erected out of said
    Territory. The term "navigable waters," as herein used, shall be
    held to include all tidal waters up to the line of ordinary high
    tide and all nontidal waters navigable in fact up to the line of
    ordinary high-water mark. All charges for the transportation of
    freight and passengers on railroads in Alaska shall be printed and
    posted as required by section 10762 (!1) of title 49, and such
    rates shall be subject to revision and modification by the
    Secretary of the Interior.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 2, 30 Stat. 409.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 687a and 687a-2 to 687a-5 of this title, referred to in
    text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),
    704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.
      Section 10762 of title 49, referred to in text, was omitted in
    the general amendment of subtitle IV of Title 49, Transportation,
    by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat.
    804. Previously, "section 10762 of title 49" was substituted in
    text for "section 6 of an Act to regulate commerce as amended on
    March second, eighteen hundred and eighty-nine [49 U.S.C. 6]" on
    authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.
    1466, the first section of which enacted subtitle IV of Title 49.
      Section was formerly classified to section 411 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                                SHORT TITLE                            
      Sections 942-1 to 942-9 of this title are popularly known as the
    "Alaska Right of Way Act".

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959. 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 942-2                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-2. Rights of several roads through canyons

-STATUTE-
      Any railroad company whose right of way, or whose track or
    roadbed upon such right of way, passes through any canyon, pass, or
    defile shall not prevent any other railroad company from the use
    and occupancy of said canyon, pass, or defile for the purposes of
    its road, in common with the road first located, or the crossing of
    other railroads at grade; and the location of such right of way
    through any canyon, pass, or defile shall not cause the disuse of
    any tramway, wagon road, or other public highway now located
    therein, nor prevent the location through the same of any such
    tramway, wagon road, or highway where such tramway, wagon road, or
    highway may be necessary for the public accommodation; and where
    any change in the location of such tramway, wagon road, or highway
    is necessary to permit the passage of such railroad through any
    canyon, pass, or defile, said railroad company shall, before
    entering upon the ground occupied by such tramway, wagon road, or
    highway, cause the same to be reconstructed at its own expense in
    the most favorable location, and in as perfect a manner as the
    original road or tramway: Provided, That such expenses shall be
    equitably divided between any number of railroad companies
    occupying and using the same canyon, pass, or defile, and that
    where the space is limited the United States district court shall
    require the road first constructed to allow any other railroad or
    tramway to pass over its track or tracks through such canyon, pass,
    or defile on such equitable basis as the said court may prescribe;
    and all shippers shall be entitled to equal accommodations as to
    the movement of their freight and without discrimination in favor
    of any person or corporation: Provided, That nothing herein shall
    be construed as depriving Congress of the right to regulate the
    charges for freight, passengers and wharfage.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 3, 30 Stat. 410.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 412 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 942-3                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-3. Condemnation of land

-STATUTE-
      Where any company, the right of way to which is granted by
    sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of this
    title and sections 607a and 615a of title 16, shall in the course
    of construction find it necessary to pass over private lands or
    possessory claims on lands of the United States, condemnation of a
    right of way across the same may be made in the following manner:
    In case the owner or claimant of such lands or premises and such
    company can not agree as to the damages, the amount shall be
    determined by the appraisal of three disinterested commissioners,
    who may be appointed upon application by any party to any judge of
    a court of record in Alaska; and said commissioners, in their
    assessments of damages, shall appraise such premises at what would
    have been the value thereof if the road had not been built; and
    upon return into court of such appraisement, and upon the payment
    to the clerk thereof of the amount so awarded by the commissioners
    for the use and benefit of the owner thereof, said premises shall
    be deemed to be taken by said company, which shall thereby acquire
    full title to the same for the purposes aforesaid. And either party
    feeling aggrieved by said assessment may, within thirty days, file
    an appeal therefrom, and demand a jury of twelve men to estimate
    the damage sustained; but such appeal shall not interfere with the
    rights of said company to enter upon the premises taken, or to do
    any act necessary in the construction of its road. And said party
    appealing shall give bonds with sufficient surety or sureties for
    the payment of any costs that may arise upon such appeal. And in
    case the party appealing does not obtain a more favorable verdict,
    such party shall pay the whole cost incurred by the appellee, as
    well as its own. And the payment into court for the use of the
    owner of claimant, of a sum equal to that finally awarded shall be
    held to vest in said company the title of said land, and the right
    to use and occupy the same for the construction, maintaining and
    operating of the road of said company. And in case any of the lands
    to be taken as aforesaid shall be held by any person residing
    without the Territory, or subject to any legal disability, the
    court may appoint a proper person who shall give bonds with
    sufficient surety or sureties, for the faithful execution of his
    trust, and who may represent in court the person disqualified or
    absent as aforesaid, when the same proceeding shall be had in
    reference to the appraisement of the premises to be taken, and with
    the same effect as has been already described. And the title of the
    company to the land taken by virtue of this section shall not be
    affected nor impaired by reason of any failure by any guardian to
    discharge faithfully his trust. And in case it shall be necessary
    for the said company to enter upon lands which are unoccupied, and
    of which there is no apparent owner or claimant, it may proceed to
    take and use the same for the purpose of its said railroad, and may
    institute proceedings in the manner described for the purpose of
    ascertaining the value of, and acquiring a title to, the same; and
    the court may determine the kind of notice to be served on such
    owner or owners, and may in its discretion appoint an agent or
    guardian to represent such owner or owners in case of his or their
    incapacity or nonappearance. But in case no claimant shall appear
    within six years from the time of the opening of said road across
    any land, all claims to damages against said company shall be
    barred. It shall be competent for the legal guardian of any infant,
    or any other person under guardianship, to agree with the said
    company as to damages sustained by reason of the taking of any
    lands of any such person under disability, as aforesaid, for the
    use as aforesaid; and upon such agreement being made, and approved
    by the court having supervision of the official acts of said
    guardian, and said guardian shall have full power to make and
    execute a conveyance thereof to the said company which shall vest
    the title thereto in the said company.

-SOURCE-
    (July 2, 1864, ch. 216, Sec. 3, 13 Stat. 357; May 14, 1898, ch.
    299, Sec. 4, 30 Stat. 410.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 687a and 687a-2 to 687a-5 of this title, referred to in
    text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),
    704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-
                               CODIFICATION                           
      The first sentence of this section to the colon is from section 4
    of act May 14, 1898, which, as originally enacted, provided that
    the condemnation might be made in accordance with section 3 of act
    July 2, 1864. The remainder of this section is from section 3 of
    act July 2, 1864, incorporated herein for convenience of reference.
    The proviso of section 4 of act May 14, 1898, is classified to
    section 942-4 of this title.
      Section was formerly classified to section 413 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 942-4                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-4. Filing preliminary survey, map and profile of road

-STATUTE-
      Any company mentioned in sections 687a, 687a-2 to 687a-5,(!1) and
    942-1 to 942-9 of this title and sections 607a and 615a of title
    16, by filing with the Secretary of the Interior a preliminary
    actual survey and plat of its proposed route, shall have the right
    at any time within one year thereafter to file the map and profile
    of definite location and such preliminary survey and plat shall
    during the said period of one year from the time of filing the same
    have the effect to render all the lands on which said preliminary
    survey and plat shall pass subject to the right of way mentioned in
    section 942-3 of this title.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 4, 30 Stat. 410.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 687a and 687a-2 to 687a-5 of this title, referred to in
    text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),
    704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-
                               CODIFICATION                           
      Section is comprised of the proviso of section 4 of act May 14,
    1898. The remainder of section 4 of act May 14, 1898, is classified
    to section 942-3 of this title.
      Section was formerly classified to section 414 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

                  EXTENSION OF TIME TO COMPLETE RAILROAD              
      The time of the Western Alaska Construction Company to comply
    with the provisions of this section and section 942-6 of this
    title, in acquiring and completing its railroad, was extended by
    act Apr. 9, 1904, ch. 1165, 33 Stat. 165.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 942-5                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-5. Filing map and profile of road section; forfeiture of
      rights; reversion of grant

-STATUTE-
      Any company desiring to secure the benefits of sections 687a,
    687a-2 to 687a-5,(!1) and 942-1 to 942-9 of this title and sections
    607a and 615a of title 16, shall, within twelve months after filing
    the preliminary map of location of its road as hereinbefore
    prescribed, whether upon surveyed or unsurveyed lands, file with
    such officer as the Secretary of the Interior may designate of the
    land office for the district where such land is located a map and
    profile of at least a twenty-mile section of its road or a profile
    of its entire road if less than twenty miles, as definitely fixed;
    and shall thereafter each year definitely locate and file a map of
    such location as aforesaid of not less than twenty miles additional
    of its line of road until the entire road has been thus definitely
    located, and upon approval thereof by the Secretary of the Interior
    the same shall be noted upon the records of said office, and
    thereafter all such lands over which such right of way shall pass
    shall be disposed of subject to each right of way: Provided, That
    if any section of said road shall not be completed within one year
    after the definite location of said section so approved, or if the
    map of definite location be not filed within one year as herein
    required, or if the entire road shall not be completed within four
    years from the filing of the map of definite location, the rights
    herein granted shall be forfeited as to any such uncompleted
    section of said road, and thereupon shall revert to the United
    States without further action or declaration, the notation of such
    uncompleted section upon the records of the land office shall be
    canceled, and the reservations of such lands for the purposes of
    said right of way, stations, and terminals shall cease and become
    null and void without further action.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 5, 30 Stat. 410; 1946 Reorg. Plan. No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 687a and 687a-2 to 687a-5 of this title, referred to in
    text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),
    704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 415 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Such officer as the Secretary of the Interior may designate"
    substituted in text for "register" on authority of section 403 of
    Reorg. Plan No. 3 of 1946, which abolished all registers of
    district land offices and transferred functions of register of
    district land office to Secretary of the Interior. See section 403
    of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 942-6                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-6. Rights of way for Alaskan wagon roads, wire rope,
      aerial, or other tramways; reservations; filing preliminary
      survey and map of location; alteration, amendment, repeal, or
      grant of equal rights; forfeiture of rights; reversion of grant;
      liens

-STATUTE-
      The Secretary of the Interior is authorized to issue a permit, by
    instrument in writing, in conformity with and subject to the
    restrictions herein contained, unto any responsible person,
    company, or corporation, for a right of way over the public domain
    in Alaska, not to exceed one hundred feet in width, and ground for
    station and other necessary purposes not to exceed five acres for
    each station for each five miles of road, to construct wagon roads
    and wire rope, aerial, or other tramways, and the privilege of
    taking all necessary material from the public domain in said
    district for the construction of such wagon roads or tramways,
    together with the right, subject to supervision and at rates to be
    approved by said Secretary, to levy and collect toll or freight and
    passenger charges on passengers, animals, freight, or vehicles
    passing over the same for a period not exceeding twenty years, and
    said Secretary is also authorized to sell to the owner or owners of
    any such wagon road or tramway, upon the completion thereof, not to
    exceed twenty acres of public land at each terminus at $1.25 per
    acre, such lands when located at or near tide water not to extend
    more than forty rods in width along the shore line and the title
    thereto to be upon such expressed conditions as in his judgment may
    be necessary to protect the public interest, and all minerals,
    including coal, in such right of way or station grounds shall be
    reserved to the United States: Provided, That such lands may be
    located concurrently with the line of such road or tramway, and the
    plat of preliminary survey and the map of definite location shall
    be filed as in the case of railroads and subject to the same
    conditions and limitations: Provided further, That such rights of
    way and privileges shall only be enjoyed by or granted to citizens
    of the United States or companies or corporations organized under
    the laws of a State or Territory; and such rights and privileges
    shall be held subject to the right of Congress to alter, amend,
    repeal, or grant equal rights to others on contiguous or parallel
    routes. And no right to construct a wagon road on which toll may be
    collected shall be granted unless it shall first be made to appear
    to the satisfaction of the Secretary of the Interior that the
    public convenience requires the construction of such proposed road,
    and that the expense of making the same available and convenient
    for public travel will not be less on an average than $500 per
    mile: Provided, That if the proposed line of road in any case shall
    be located over any road or trail in common use for public travel,
    the Secretary of the Interior shall decline to grant such right of
    way, if, in his opinion, the interests of the public would be
    injuriously affected thereby. Nor shall any right to collect toll
    upon any wagon road in Alaska be granted or inure to any person,
    corporation, or company until it shall be made to appear to the
    satisfaction of said Secretary that at least an average of $500 per
    mile has been actually expended in constructing such road: and all
    persons are prohibited from collecting or attempting to collect
    toll over any wagon road in Alaska, unless such person or the
    company or person for whom he acts shall at the time and place the
    collection is made or attempted to be made possess written
    authority, signed by the Secretary of the Interior, authorizing the
    collection and specifying the rates of toll: Provided, That
    accurate printed copies of said written authority from the
    Secretary of the Interior, including toll, freight, and passenger
    charges thereby approved, shall be kept constantly and
    conspicuously posted at each station where toll is demanded or
    collected. And any person, corporation, or company collecting or
    attempting to collect toll without such written authority from the
    Secretary of the Interior, or failing to keep the same posted as
    herein required, shall be deemed guilty of a misdemeanor, and on
    conviction thereof shall be fined for each offense not less than
    $50 nor more than $500, and in default of payment of such fine and
    costs of prosecution shall be imprisoned in jail not exceeding
    ninety days, or until such fine and costs of prosecution shall have
    been paid.
      Any person, corporation, or company qualified to construct a
    wagon road or tramway under the provisions of this section that may
    prior to May 14, 1898, have constructed not less than one mile of
    road, at a cost of not less than $500 per mile, or one-half mile of
    tramway at a cost of not less than $500, shall have the prior right
    to apply for such right of way and for lands at stations and
    terminals and to obtain the same pursuant to the provisions of this
    section over and along the line hitherto constructed or actually
    being improved by the applicant, including wharves connected
    therewith. If any party to whom license has been granted to
    construct such wagon road or tramway shall, for the period of one
    year, fail, neglect, or refuse to complete the same, the rights
    herein granted shall be forfeited as to any such uncompleted
    section of said wagon road or tramway, and thereupon shall revert
    to the United States without further action or declaration, the
    notation of such uncompleted section upon the records of the land
    office shall be cancelled, and the reservations of such lands for
    the purposes of said right of way shall cease and become null and
    void, without further action. And if such road or tramway shall not
    be kept in good condition for use, the Secretary of the Interior
    may prohibit the collection of toll thereon pending the making of
    necessary repairs.
      All mortgages executed by any company acquiring a right of way
    under sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of
    this title and sections 607a and 615a of title 16, upon any portion
    of its road that may be constructed in Alaska, shall be recorded
    with the Secretary of the Interior, and the record thereof shall be
    notice of their execution, and shall be a lien upon all the rights
    and property of said company as therein expressed, and such
    mortgage shall also be recorded in the office of the secretary of
    the Territory of Alaska and in the office of the secretary of the
    State or Territory wherein such company is organized. All lawful
    claims of laborers, contractors, subcontractors, or materialmen,
    for labor performed or material furnished in the construction of
    the railroad, tramway, or wagon road shall be a first lien thereon
    and take precedence of any mortgage or other lien.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 6, 30 Stat. 411.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 687a and 687a-2 to 687a-5 of this title, referred to in
    third par., were repealed by Pub. L. 94-579, title VII, Secs.
    703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 416 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

                       ADMISSION OF ALASKA AS STATE                   
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 399, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 942-7                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-7. Military park, Indian or other reservation

-STATUTE-
      Sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of this
    title and sections 607a and 615a of title 16 shall not apply to any
    lands within the limits of any military park, Indian, or other
    reservation unless such right of way shall be provided for by Act
    of Congress.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 7, 30 Stat. 412.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 687a and 687a-2 to 687a-5 of this title, referred to in
    text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),
    704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 417 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 942-8                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-8. Reservation of right of alteration, amendment, or
      repeal; assignment of right of way

-STATUTE-
      Congress reserves the right at any time to alter, amend, or
    repeal sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of
    this title and sections 607a and 615a of title 16 or any part
    thereof; and the right of way herein authorized shall not be
    assigned or transferred in any form whatever prior to the
    construction and completion of at least one-fourth of the proposed
    mileage of such railroad, wagon road, or tramway, as indicated by
    the map of definite location, except by mortgages or other liens
    that may be given or secured thereon to aid in the construction
    thereof: Provided, That where within ninety days after May 14,
    1898, proof is made to the satisfaction of the Secretary of the
    Interior that actual surveys, evidenced by designated monuments,
    were made, and the line of a railroad, wagon road, or tramway
    located thereby, or that actual construction was commenced on the
    line of any railroad, wagon road, or tramway, prior to January 21,
    1898, the rights to inure hereunder shall, if the terms of said
    sections are complied with as to such railroad, wagon road, or
    tramway, relate back to the date when such survey or construction
    was commenced; and in all conflicts relative to the right-of-way or
    other privilege of said sections the person, company, or
    corporation having been first in time in actual survey or
    construction, as the case may be, shall be deemed first in right.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 8, 30 Stat. 412.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 687a and 687a-2 to 687a-5 of this title, referred to in
    text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),
    704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 418 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 942-9                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 942-9. Map location of road

-STATUTE-
      The map and profile of definite location of such railroad, wagon
    road, or tramway, to be filed as hereinbefore provided, shall, when
    the line passes over surveyed lands, indicate the location of the
    road by reference to section or other established survey corners,
    and where such line passes over unsurveyed lands the location
    thereon shall be indicated by courses and distances and by
    references to natural objects and permanent monuments in such
    manner that the location of the road may be readily determined by
    reference to descriptions given in connection with said profile
    map.

-SOURCE-
    (May 14, 1898, ch. 299, Sec. 9, 30 Stat. 413.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 419 of Title 48,
    Territories and Insular Possessions.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 943                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 943. Right of way for railroads; reserved lands in Minnesota

-STATUTE-
      All lands in the State of Minnesota described in and withdrawn
    from sale by the proclamations of the President of the United
    States for the reason that said lands would be required for or
    subject to flowage in the construction of dams, reservoirs, and
    other works proposed to be erected for the improvement of the
    navigation of the Mississippi River and certain of its tributaries,
    are declared to be, and to have been at all times prior to February
    27, 1901, subject to the provisions of sections 934 to 939 of this
    title as fully, effectually, and to the same extent as though said
    lands had not been described in said proclamations, or withdrawn
    from sale thereby, but had remained with the body of public lands
    subject to private entry and sale: Provided, however, That any and
    all parts of said lands acquired by any railroad company under said
    sections shall at all times be subject to the right of flowage
    which at any time may become necessary in the construction or
    maintenance of dams, reservoirs, or other works which may be
    constructed or erected by or under the authority of the United
    States for the improvement of the navigation of the Mississippi
    River and its tributaries: Provided further, That the railroad
    companies availing themselves of this section shall, in addition to
    filing the maps required by law on February 27, 1901, to be filed,
    also file maps of definite location with elevation of rail of their
    lines of railroad over said water-reserve lands in the office of
    the Secretary of the Army; and no location shall be permitted which
    takes for right of way or stations or interferes with submergence
    of lands needed for the use of the reservoir system, existing on
    February 27, 1901, or in the construction of dams or other works,
    or any proposed or probable extension of the same, or which will
    obstruct or increase the cost of the present or prospective
    reservoir system: Provided further, That the plan for the location
    and construction of any such railway, or any part thereof, shall be
    first submitted to the Secretary of the Army and approved by him
    and by the Chief of Engineers of the United States Army.

-SOURCE-
    (Feb. 27, 1901, ch. 614, 31 Stat. 815; July 26, 1947, ch. 343,
    title II, Sec. 205(a), 61 Stat. 501.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-CHANGE-
                              CHANGE OF NAME                          
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted "Title 10, Armed Forces" which in sections 3010 to 3013
    continued Department of the Army under administrative supervision
    of Secretary of the Army.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 944                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 944. Right of way in Oklahoma and Arizona

-STATUTE-
      Where, under sections 934 to 939 of this title, or under special
    Acts of Congress, or under the laws of the former Territories of
    Oklahoma and Arizona, railroads have been constructed and were on
    June 26, 1906, in operation in Oklahoma or Arizona which passed
    through any of the lands theretofore reserved for said Territories,
    such lands shall be disposed of subject to such railroad right or
    easement, but only to the extent of the right of way conferred by
    the said sections for such railroad purposes.

-SOURCE-
    (June 26, 1906, ch. 3548, 34 Stat. 481.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 945                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 945. Reservation in patents of right of way for ditches or
      canals

-STATUTE-
      In all patents for lands taken up after August 30, 1890, under
    any of the land laws of the United States or on entries or claims
    validated by this Act, west of the one hundredth meridian, it shall
    be expressed that there is reserved from the lands in said patent
    described a right of way thereon for ditches or canals constructed
    by the authority of the United States.

-SOURCE-
    (Aug. 30, 1890, ch. 837, Sec. 1, 26 Stat. 391.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The land laws of the United States, referred to in text, are
    classified generally to this title.
      This Act, referred to in text, is act Aug. 30, 1890, ch. 837, 26
    Stat. 371, which enacted sections 212 and 945 of this title,
    section 861a of former Title 10, The Army, section 446 of Title 16,
    Conservation, sections 497, 601, and 651 of former Title 31, Money
    and Finance, section 887 of Title 33, Navigation and Navigable
    Waters, section 120 of former Title 40, Public Buildings, Property,
    and Works, and amended sections 321 and 662 of this title. For
    complete classification of this Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 945a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 945a. Compensation for rights-of-way for certain reclamation
      projects

-STATUTE-
      Notwithstanding the existence of any reservation of right-of-way
    to the United States for canals under section 945 of this title, or
    any State statute, the Secretary of the Interior shall pay just
    compensation, including severance damages, to the owners of private
    land utilized for ditches or canals in connection with any
    reclamation project, or any unit or any division of a reclamation
    project, provided the construction of said ditches or canals
    commenced after January 1, 1961, and such compensation shall be
    paid notwithstanding the execution of any agreements or any
    judgments entered in any condemnation proceeding, prior to
    September 2, 1964.

-SOURCE-
    (Pub. L. 88-561, Sec. 1, Sept. 2, 1964, 78 Stat. 808; Pub. L. 89-
    624, Oct. 4, 1966, 80 Stat. 873.)

-MISC1-
                                AMENDMENTS                            
      1966 - Pub. L. 89-624 inserted "to the United States" and "or any
    State statute,".

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      Section 3 of Pub. L. 88-561 as added by Pub. L. 89-624 provided
    that: "The amendment made by this Act [enacting section 945b of
    this title and amending this section] shall apply to any
    condemnation action pending in any district court of the United
    States on the date of enactment of this Act [Oct. 4, 1966] and to
    any such action instituted after that date."

-End-

-CITE-
    43 USC Sec. 945b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 945b. Jurisdiction; procedure

-STATUTE-
      Jurisdiction of an action brought by the United States or the
    landowner for the determination of just compensation pursuant to
    section 945a of this title is hereby conferred on the United States
    district court in the district in which any such land is situated,
    without limitation to the amount of compensation sought by such
    suit. The procedure for such an action shall be governed by the
    Federal Rules of Civil Procedure for the condemnation of real and
    personal property.

-SOURCE-
    (Pub. L. 88-561, Sec. 2, as added Pub. L. 89-624, Oct. 4, 1966, 80
    Stat. 874.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure for the condemnation of real
    and personal property, referred to in text, means rule 71A of the
    Federal Rules of Civil Procedure, set out in the Appendix to Title
    28, Judiciary and Judicial Procedure.

-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to Federal condemnation actions pending in any
    district court of the United States on or after Oct. 4, 1966, see
    section 3 of Pub. L. 88-561, as added by Pub. L. 89-624, set out as
    an Effective Date of 1966 Amendment note under section 945a of this
    title.

-End-

-CITE-
    43 USC Sec. 946                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 946. Right of way to canal ditch companies and irrigation or
      drainage districts for irrigation or drainage purposes and
      operation and maintenance of reservoirs, canals, and laterals

-STATUTE-
      The right of way through the public lands and reservations of the
    United States is granted to any canal ditch company, irrigation or
    drainage district formed for the purpose of irrigation or drainage,
    and duly organized under the laws of any State or Territory, and
    which shall have filed, or may hereafter file, with the Secretary
    of the Interior a copy of its articles of incorporation or, if not
    a private corporation, a copy of the law under which the same is
    formed and due proof of its organization under the same, to the
    extent of the ground occupied by the water of any reservoir and of
    any canals and laterals and fifty feet on each side of the marginal
    limits thereof, and, upon presentation of satisfactory showing by
    the applicant, such additional rights of way as the Secretary of
    the Interior may deem necessary for the proper operation and
    maintenance of said reservoirs, canals, and laterals; also the
    right to take from the public lands adjacent to the line of the
    canal or ditch, material, earth, and stone necessary for the
    construction of such canal or ditch: Provided, That no such right
    of way shall be so located as to interfere with the proper
    occupation by the Government of any such reservation, and all maps
    of location shall be subject to the approval of the department of
    the Government having jurisdiction of such reservation; and the
    privilege herein granted shall not be construed to interfere with
    the control of water for irrigation and other purposes under
    authority of the respective States or Territories.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 18, 26 Stat. 1101; Mar. 4, 1917, ch.
    184, Sec. 1, 39 Stat. 1197; May 28, 1926, ch. 409, 44 Stat. 668.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                                AMENDMENTS                            
      1926 - Act May 28, 1926, substituted "canal ditch company,
    irrigation or drainage district" for "canal or ditch company or
    drainage district" and inserted "or, if not a private corporation,
    a copy of the law under which the same is formed" after "articles
    of incorporation" and ", and, upon presentation of satisfactory
    showing by the applicant, such additional right of way as the
    Secretary of the Interior may deem necessary for the proper
    operation and maintenance of said reservoirs, canals, and laterals"
    after "marginal limits thereof".
      1917 - Act Mar. 4, 1917, inserted "or drainage district," after
    "any canal or ditch company," and "or drainage," after "for the
    purpose of irrigation".

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 947                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 947. Map; damages to settlers

-STATUTE-
      Any canal or ditch company desiring to secure the benefits of
    sections 946 to 949 of this title shall, within twelve months after
    the location of ten miles of its canal, if the same be upon
    surveyed lands, and if upon unsurveyed lands, within twelve months
    after the survey thereof by the United States, file with the
    officer, as the Secretary of the Interior may designate, of the
    land office for the district where such land is located a map of
    its canal or ditch and reservoir; and upon the approval thereof by
    the Secretary of the Interior the same shall be noted upon the
    plats in said office, and thereafter all such lands over which such
    rights of way shall pass shall be disposed of subject to such right
    of way. Whenever any person or corporation, in the construction of
    any canal, ditch, or reservoir, injures or damages the possession
    of any settler on the public domain, the party committing such
    injury or damage shall be liable to the party injured for such
    injury or damage.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 19, 26 Stat. 1102; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district land
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 948                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 948. Application to existing and future canals

-STATUTE-
      The provisions of sections 946 to 949 of this title shall apply
    to all canals, ditches, or reservoirs, heretofore or hereafter
    constructed, whether constructed by corporations, individuals, or
    association of individuals, on the filing of the certificates and
    maps therein provided for. If such ditch, canal, or reservoir has
    been or shall be constructed by an individual or association of
    individuals, it shall be sufficient for such individual or
    association of individuals to file with the Secretary of the
    Interior, and with the officer, as the Secretary of the Interior
    may designate, of the land office where said land is located, a map
    of the line of such canal, ditch, or reservoir, as in case of a
    corporation, with the name of the individual owner or owners
    thereof, together with the articles of association, if any there
    be. Plats filed before March 3, 1891, shall have the benefits of
    sections 946 to 949 of this title from the date of their filing, as
    though filed thereunder: Provided, That if any section of said
    canal or ditch shall not be completed within five years after the
    location of said section, the rights therein granted shall be
    forfeited as to any uncompleted section of said canal, ditch, or
    reservoir, to the extent that the same is not completed at the date
    of the forfeiture.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 20, 26 Stat. 1102; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district lands
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 949                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 949. Use for canal or ditch only

-STATUTE-
      Nothing in sections 946 to 949 of this title shall authorize such
    canal or ditch company to occupy such right of way except for the
    purpose of said canal or ditch, and then only so far as may be
    necessary for the construction, maintenance, and care of said canal
    or ditch.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 21, 26 Stat. 1102.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 950                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 950. Right of way to canal and ditch companies for irrigation
      purposes; additional grants

-STATUTE-
      In addition to the rights of way granted by sections 946 to 949
    of this title, and subject to the conditions and restrictions
    therein contained, the Secretary of the Interior is authorized to
    grant permits or easements for not to exceed five acres of ground
    adjoining the right of way at each of the locations, to be
    determined by the Secretary of the Interior, to be used for the
    erection thereon of dwellings or other buildings or corrals for the
    convenience of those engaged in the care and management of the
    works provided for by said sections: Provided, That this section
    shall not apply to lands within national forests.

-SOURCE-
    (Mar. 1, 1921, ch. 93, 41 Stat. 1194.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 951                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 951. Right of way for water transportation, domestic purposes,
      or development of power

-STATUTE-
      Rights of way for ditches, canals, or reservoirs heretofore or
    hereafter approved under the provisions of sections 946 to 949 of
    this title may be used for purposes of a public nature; and said
    rights of way may be used for purposes of water transportation, for
    domestic purposes, or for the development of power, as subsidiary
    to the main purpose of irrigation or drainage.

-SOURCE-
    (May 11, 1898, ch. 292, Sec. 2, 30 Stat. 404; Mar. 4, 1917, ch.
    184, Sec. 2, 39 Stat. 1197.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 952                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 952. Reservoir sites for water for livestock

-STATUTE-
      Any person, livestock company, or transportation corporation
    engaged in breeding, grazing, driving, or transporting livestock
    may construct reservoirs upon unoccupied public lands of the United
    States, not mineral or otherwise reserved, for the purpose of
    furnishing water to such livestock, and shall have control of such
    reservoir, under regulations prescribed by the Secretary of the
    Interior, and the lands upon which the same is constructed, not
    exceeding one hundred and sixty acres, so long as such reservoir is
    maintained and water kept therein for such purposes: Provided, That
    such reservoir shall not be fenced and shall be open to the free
    use of any person desiring to water animals of any kind.
      The Secretary of the Interior, in his discretion, under such
    rules, regulations, and conditions as he may prescribe, upon
    application by such person, company, or corporation, may grant
    permission to fence such reservoirs in order to protect livestock,
    to conserve water, and to preserve its quality and conditions:
    Provided, That such reservoir shall be open to the free use of any
    person desiring to water animals of any kind; but any fence,
    erected under the authority hereof, shall be immediately removed on
    the order of the Secretary.

-SOURCE-
    (Jan. 13, 1897, ch. 11, Sec. 1, 29 Stat. 484; Mar. 3, 1923, ch.
    219, 42 Stat. 1437.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 953                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 953. Declaratory statement as to reservoirs

-STATUTE-
      Any person, livestock company, or corporation desiring to avail
    themselves of the provisions of sections 952 to 955 of this title
    shall file a declaratory statement in the United States land office
    in the district where the land is situated, which statement shall
    describe the land where such reservoir is to be or has been
    constructed; shall state what business such corporation is engaged
    in; specify the capacity of the reservoir in gallons, and whether
    such company, person, or corporation has filed upon other reservoir
    sites within the same county; and if so, how many.

-SOURCE-
    (Jan. 13, 1897, ch. 11, Sec. 2, 29 Stat. 484.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 954                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 954. Survey; map of reservoirs

-STATUTE-
      At any time after the completion of such reservoir or reservoirs,
    which shall be constructed and completed within two years after
    filing such declaratory statement, such person, company, or
    corporation shall have the same accurately surveyed, as hereinafter
    provided, and shall file in the United States land office in the
    district in which such reservoir is located a map or plat showing
    the location of such reservoir, which map or plat shall be
    transmitted by the officer, as the Secretary of the Interior may
    designate, of said United States land office to the Secretary of
    the Interior and approved by him, and thereafter such land shall be
    reserved from sale by the Secretary of the Interior so long as such
    reservoir is kept in repair and water kept therein.

-SOURCE-
    (Jan. 13, 1897, ch. 11, Sec. 3, 29 Stat. 484; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district land
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 955                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 955. Amendment, alteration, or repeal

-STATUTE-
      Congress may at any time amend, alter, or repeal sections 952 to
    955 of this title.

-SOURCE-
    (Jan. 13, 1897, ch. 11, Sec. 4, 29 Stat. 484.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 956                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 956. Right of way for tramroads, canals, or reservoirs

-STATUTE-
      The Secretary of the Interior is authorized and empowered, under
    general regulations to be fixed by him, to permit the use of the
    right of way through the public lands of the United States, not
    within the limits of any national forest, park, military or Indian
    reservation, for tramroads, canals, or reservoirs to the extent of
    the ground occupied by the water of the canals and reservoirs and
    fifty feet on each side of the marginal limits thereof, or fifty
    feet on each side of the center line of the tramroad, by any
    citizen or any association of citizens of the United States engaged
    in the business of mining or quarrying or of cutting timber and
    manufacturing lumber or for the purposes of furnishing water for
    domestic, public, and other beneficial uses.

-SOURCE-
    (Jan. 21, 1895, ch. 37, Sec. 1, 28 Stat. 635; May 11, 1898, ch.
    292, Sec. 1, 30 Stat. 404; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 957                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 957. Right of way to electric power companies

-STATUTE-
      The Secretary of the Interior is authorized and empowered, under
    general regulations to be fixed by him, to permit the use of right
    of way to the extent of twenty-five feet, together with the use of
    necessary ground, not exceeding forty acres, upon the public lands
    and national forests of the United States by any citizen or
    association of citizens of the United States for the purposes of
    generating, manufacturing, or distributing electric power.

-SOURCE-
    (Jan. 21, 1895, ch. 37, Sec. 2, as added May 14, 1896, ch. 179, 29
    Stat. 120; amended Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-COD-
                               CODIFICATION                           
      The words "national forests" substituted in text for "forest
    reservations" pursuant to act Mar. 4, 1907, which changed the
    designation of forest reserves to national forests.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 958                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 958. Rights of way for wagon roads or railroads

-STATUTE-
      In the form provided by existing law the Secretary of the
    Interior may file and approve surveys and plats of any right of way
    for a wagon road, railroad, or other highway over and across any
    reservoir site when in his judgment the public interests will not
    be injuriously affected thereby.

-SOURCE-
    (Mar. 3, 1899, ch. 427, Sec. 1, 30 Stat. 1233.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 959                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 959. Rights of way for electrical plants, etc.

-STATUTE-
      The Secretary of the Interior is authorized and empowered, under
    general regulations to be fixed by him, to permit the use of rights
    of way through the public lands, forest and other reservations of
    the United States, and the Yosemite, Sequoia, and General Grant
    national parks, California, for electrical plants, poles, and lines
    for the generation and distribution of electrical power, and for
    telephone and telegraph purposes, and for canals, ditches, pipes
    and pipe lines, flumes, tunnels, or other water conduits, and for
    water plants, dams, and reservoirs used to promote irrigation or
    mining or quarrying, or the manufacturing or cutting of timber or
    lumber, or the supplying of water for domestic, public, or any
    other beneficial uses to the extent of the ground occupied by such
    canals, ditches, flumes, tunnels, reservoirs, or other water
    conduits or water plants, or electrical or other works permitted
    hereunder, and not to exceed fifty feet on each side of the
    marginal limits thereof, or not to exceed fifty feet on each side
    of the center line of such pipes and pipe lines, electrical,
    telegraph, and telephone lines and poles, by any citizen,
    association, or corporation of the United States, where it is
    intended by such to exercise the use permitted hereunder or any one
    or more of the purposes herein named: Provided, That such permits
    shall be allowed within or through any of said parks or any forest,
    military, Indian, or other reservation only upon the approval of
    the chief officer of the Department under whose supervision such
    park or reservation falls and upon a finding by him that the same
    is not incompatible with the public interest: Provided further,
    That all permits given hereunder for telegraph and telephone
    purposes shall be subject to the provisions of title 65 of the
    Revised Statutes of the United States, and amendments thereto,
    regulating rights of way for telegraph companies over the public
    domain: And provided further, That any permission given by the
    Secretary of the Interior under the provisions of this section may
    be revoked by him or his successor in his discretion, and shall not
    be held to confer any right, or easement, or interest in, to, or
    over any public land, reservation, or park.

-SOURCE-
    (Feb. 15, 1901, ch. 372, 31 Stat. 790.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title 65 of the Revised Statutes of the United States, and
    amendments thereto, referred to in text, which consisted of R.S.
    Secs. 5263 to 5269, was classified to sections 1 to 6 and 8 of
    Title 47, Telegraphs, Telephones, and Radiotelegraphs, and was
    repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327.

-COD-
                               CODIFICATION                           
      Section, insofar as it relates to rights-of-way through public
    lands, forest, and reservations, and the Yosemite, Sequoia, and
    General Grant National Parks is also set out as section 79 of Title
    16, Conservation, and insofar as it related to rights-of-way
    through national forests was set out as section 522 of Title 16
    which was omitted from the Code.

-MISC1-
                   GENERAL GRANT NATIONAL PARK ABOLISHED               
      Act Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, which is
    classified to section 80a of Title 16, Conservation, abolished the
    General Grant National Park and added the lands to the Kings Canyon
    National Park as the General Grant grove section.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 961                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 961.(!1) Rights-of-way through public lands, Indian, and other
      reservations for power and communications facilities

-STATUTE-

-STATUTE-
      The head of the department having jurisdiction over the lands be,
    and he is, authorized and empowered, under general regulations to
    be fixed by him, to grant an easement for rights-of-way, for a
    period not exceeding fifty years from the date of the issuance of
    such grant, over, across, and upon the public lands and
    reservations of the United States for electrical poles and lines
    for the transmission and distribution of electrical power, and for
    poles and lines for communication purposes, and for radio,
    television, and other forms of communication transmitting, relay,
    and receiving structures and facilities, to the extent of two
    hundred feet on each side of the center line of such lines and
    poles and not to exceed four hundred feet by four hundred feet for
    radio, television, and other forms of communication transmitting,
    relay, and receiving structures and facilities, to any citizen,
    association, or corporation of the United States, where it is
    intended by such to exercise the right-of-way herein granted for
    any one or more of the purposes herein named: Provided, That such
    right-of-way shall be allowed within or through any Indian or any
    other reservation only upon the approval of the chief officer of
    the department under whose supervision or control such reservation
    falls, and upon a finding by him that the same is not incompatible
    with the public interest: Provided further, That all or any part of
    such right-of-way may be forfeited and annulled by declaration of
    the head of the department having jurisdiction over the lands for
    nonuse for a period of two years or for abandonment.
      Any citizen, association, or corporation of the United States to
    whom there was issued, prior to March 4, 1911, a permit for any of
    the purposes specified herein under any existing law may obtain the
    benefit of this section upon the same terms and conditions as shall
    be required of citizens, associations, or corporations thereafter
    making application under the provisions of this section.

-SOURCE-
    (Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66
    Stat. 95.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-COD-
                               CODIFICATION                           
      Act Mar. 4, 1911, as it applies to rights of way in national
    parks, national forests, military, and other reservations, is also
    classified to sections 5, 420, and 523 of Title 16, Conservation.

-MISC1-
                                AMENDMENTS                            
      1952 - Act May 27, 1952, inserted reference to rights-of-way for
    radio, television, and other forms of communication, and increased
    from 40 feet to 400 feet the maximum width of rights-of-way for
    lines and poles.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-FOOTNOTE-
    (!1) There is no section 960 in this title.

-End-

-CITE-
    43 USC Sec. 962                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 962. Right of way in Colorado and Wyoming to pipeline
      companies

-STATUTE-
      The right of way through the public lands of the United States
    situate in the State of Colorado and in the State of Wyoming
    outside of the boundary lines of the Yellowstone National Park is
    granted to any pipe-line company or corporation formed for the
    purpose of transporting oils, crude or refined, which shall have
    filed or may hereafter file with the Secretary of the Interior a
    copy of its articles of incorporation, and due proofs of its
    organization under the same, to the extent of the ground occupied
    by said pipe line and twenty-five feet on each side of the center
    line of the same; also the right to take from the public lands
    adjacent to the line of said pipe line, material, earth, and stone
    necessary for the construction of said pipe line.

-SOURCE-
    (May 21, 1896, ch. 212, Sec. 1, 29 Stat. 127.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                                SHORT TITLE                            
      Sections 962 to 965 of this title are popularly known as the "Oil
    Pipe Line Act".

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 963                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 963. Applications for Colorado and Wyoming pipeline right of
      way

-STATUTE-
      Any company or corporation desiring to secure the benefits of
    sections 962 to 965 of this title shall, within twelve months after
    the location of ten miles of the pipeline, if the same be upon
    surveyed lands and if the same be upon unsurveyed lands, within
    twelve months after the survey thereof by the United States, file
    with the officer, as the Secretary of the Interior may designate,
    of the land office for the district where such land is located a
    map of its line, and upon the approval thereof by the Secretary of
    the Interior the same shall be noted upon the plats in said office,
    and thereafter all such lands over which such right of way shall
    pass shall be disposed of subject to such right of way.

-SOURCE-
    (May 21, 1896, ch. 212, Sec. 2, 29 Stat. 127; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district land
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 964                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 964. Limit of time for completion of Colorado and Wyoming
      pipelines; forfeiture

-STATUTE-
      If any section of said pipe line shall not be completed within
    five years after the location of said section, the right granted in
    sections 962 to 965 of this title shall be forfeited, as to any
    incomplete section of said pipe line, to the extent that the same
    is not completed at the date of the forfeiture.

-SOURCE-
    (May 21, 1896, ch. 212, Sec. 3, 29 Stat. 127.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 965                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 965. Restriction on use of Colorado and Wyoming pipeline right
      of way

-STATUTE-
      Nothing in sections 962 to 965 of this title shall authorize the
    use of such right of way except for the pipe line, and then only so
    far as may be necessary for its construction, maintenance, and
    care.

-SOURCE-
    (May 21, 1896, ch. 212, Sec. 4, 29 Stat. 127.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 966                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 966. Right of way in Arkansas to pipe-line companies

-STATUTE-
      A right of way through the public lands of the United States in
    the State of Arkansas is granted for pipe-line purposes to any
    citizen of the United States or any company or corporation
    authorized by its charter to transport oil, crude or refined, or
    natural gas which shall have filed or may hereafter file with the
    Secretary of the Interior a copy of its articles of incorporation,
    and due proof of organization under the same, to the extent of the
    ground occupied by the said pipe line and ten feet on each side of
    the center line of same.

-SOURCE-
    (Apr. 12, 1910, ch. 155, Sec. 1, 36 Stat. 296.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 967                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 967. Applications for Arkansas pipeline right of way

-STATUTE-
      Any citizen of the United States, company, or corporation
    desiring to secure the benefits of sections 966 to 970 of this
    title shall within twelve months after the location of ten miles of
    the pipe line, if the same be upon surveyed land, and if the same
    be upon unsurveyed lands within twelve months after the survey
    thereof by the United States, file with the officer, as the
    Secretary of the Interior may designate, of the land office for the
    district where such land is located a map of its lines, and upon
    the approval thereof by the Secretary of the Interior, the same
    shall be noted upon the plats in said office, and thereafter all
    such land over which such line shall pass shall be disposed of
    subject to such right of way.

-SOURCE-
    (Apr. 12, 1910, ch. 155, Sec. 2, 36 Stat. 296; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district land
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 968                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 968. Restriction on use of Arkansas pipeline right of way

-STATUTE-
      Nothing in sections 966 to 970 of this title shall authorize the
    use of such right of way except for the pipe line, and then only so
    far as may be necessary for its construction, maintenance, and
    care.

-SOURCE-
    (Apr. 12, 1910, ch. 155, Sec. 3, 36 Stat. 296.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 969                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 969. Forfeiture of Arkansas pipeline right of way for nonuser,
      etc.

-STATUTE-
      If any section of said pipe line shall not be completed within
    one year after the approval by the Secretary of the Interior of
    said section, or if any section of said pipe line shall be
    abandoned or shall not be used for a period of two years, the right
    of way granted in sections 966 to 970 of this title as to any
    uncompleted, abandoned, or unused section of said pipe line shall
    be forfeited to the extent that the same is not completed or is
    abandoned or unused at the date of the forfeiture, without further
    action or declaration on the part of the Government or any
    proceedings or judgment of any court.

-SOURCE-
    (Apr. 12, 1910, ch. 155, Sec. 4, 36 Stat. 296.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under and through the public lands and lands in the National Forest
    System.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 970                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 970. Forfeiture of Arkansas pipeline right of way for
      violation of antitrust law

-STATUTE-
      If any citizen, company, or corporation taking advantage of the
    benefits of sections 966 to 970 of this title shall violate the Act
    of July 2, 1890, entitled "An Act to protect trade and commerce
    against unlawful restraints and monopolies", (commonly known as the
    Sherman antitrust act), or any amendment thereof, the right of way
    granted in sections 966 to 970 of this title shall be forfeited
    without further action or declaration on the part of the Government
    or any proceedings or judgment of any court.

-SOURCE-
    (Apr. 12, 1910, ch. 155, Sec. 5, 36 Stat. 296.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
    insofar as applicable to the issuance of rights-of-way over, upon,
    under, and through the public lands and lands in the National
    Forest System.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 2, 1890, referred to in text, is act July 2, 1890,
    ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which
    is classified to sections 1 to 7 of Title 15, Commerce and Trade.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 1 of Title 15 and Tables.

-MISC1-
                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
    rights-of-way not to be construed as terminating any valid lease,
    permit, patent, etc., existing on Oct. 21, 1976, see section 701 of
    Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-
    43 USC Sec. 971                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 971. Bathhouses, hotels, etc., adjacent to mineral, medicinal,
      etc., springs on public lands

-STATUTE-
      The Secretary of the Interior, upon such terms and under such
    regulations as he may deem proper, may permit responsible persons
    or associations to use and occupy, for the erection of bathhouses,
    hotels, or other improvements for the accommodation of the public,
    suitable spaces or tracts of land near or adjacent to mineral,
    medicinal, or other springs which are located upon unreserved
    public lands or public lands which have been withdrawn for the
    protection of such springs: Provided, That permits or leases
    hereunder shall be for periods not exceeding twenty years.

-SOURCE-
    (Mar. 3, 1925, ch. 458, 43 Stat. 1133.)

-End-

-CITE-
    43 USC Sec. 971a                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 971a. Alaskan lands within highway, telephone, and pipeline
      withdrawals; disposal; amendment of land description of claim or
      entry on adjoining lands

-STATUTE-
      Upon revocation of a withdrawal for highways, telephone lines, or
    pipelines, in Alaska, the lands involved shall be subject to
    disposal only under laws specified by the Secretary of the
    Interior, subject to easements as established by the Secretary.
    Notwithstanding any statutory limitation on the area which may be
    included in an unpatented claim or entry, the Secretary may permit
    the amendment of the land description of a claim or entry on
    adjoining lands to include the restored lands.

-SOURCE-
    (Aug. 1, 1956, ch. 848, Sec. 1, 70 Stat. 898.)

-COD-
                               CODIFICATION                           
      This section was formerly classified to section 420 of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 971b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 971b. Sale of restored Alaskan lands; preference rights;
      consent of Federal agency

-STATUTE-
      The Secretary may sell such restored lands for not less than
    their appraised value, giving an appropriate preference right to
    the holders of adjoining claims or entries and to owners of
    adjoining private lands. If such lands are under the jurisdiction
    of a Federal department or agency other than the Department of the
    Interior, any sale thereof shall be made only with the consent of
    such department or agency.

-SOURCE-
    (Aug. 1, 1956, ch. 848, Sec. 2, 70 Stat. 898.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 420a of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 971c                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 971c. Utilization or occupancy of Alaskan easements; consent
      of agency

-STATUTE-
      Lands in Alaska within an easement established under sections
    971a to 971e of this title by the Secretary of the Interior may not
    be utilized or occupied without the permission of the Secretary, or
    an officer or agency designated by him. If the lands crossed by an
    easement established under sections 971a to 971e of this title are
    under the jurisdiction of a Federal department or agency other than
    the Department of the Interior, or of a State, Territory, or other
    government subdivision or agency, such permission may be granted
    only with the consent of such department, agency, or other
    governmental unit.

-SOURCE-
    (Aug. 1, 1956, ch. 848, Sec. 3, 70 Stat. 898.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 420b of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 971d                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 971d. Effect on valid existing Alaskan rights

-STATUTE-
      Nothing in sections 971a to 971e of this title shall affect
    adversely any valid existing rights.

-SOURCE-
    (Aug. 1, 1956, ch. 848, Sec. 4, 70 Stat. 898.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 420c of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 971e                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 971e. Definition of restored Alaskan lands

-STATUTE-
      For the purposes of sections 971a to 971e of this title, the
    words "restored lands" include, without limiting the meaning
    thereof, those lands at Big Delta and Tok Junctions that are
    withdrawn by public land orders numbered 808 and 975 and that lie
    between the centerline of the Richardson and Glenn Highways and the
    land included within United States surveys 2727, 2728, 2770, 2771,
    2772, 2773, 2774, 2723, 2724, 2725, and 2726.

-SOURCE-
    (Aug. 1, 1956, ch. 848, Sec. 5, as added Pub. L. 86-512, June 11,
    1960, 74 Stat. 207.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 420d of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Secs. 975, 975a                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Secs. 975, 975a. Repealed. Pub. L. 97-468, title VI, Sec.
      615(a)(1), Jan. 14, 1983, 96 Stat. 2577

-MISC1-
      Section 975, acts Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 305;
    Apr. 10, 1926, ch. 114, 44 Stat. 239; Aug. 4, 1955, ch. 554, 69
    Stat. 494; Nov. 1, 1978, Pub. L. 95-565, Sec. 4(a), 92 Stat. 2399;
    Oct. 10, 1980, Pub. L. 96-423, Sec. 15, 94 Stat. 1817, related to
    location, construction, and operation of Alaska Railroad and powers
    and duties of President in connection therewith, and security
    officers. Section was comprised of first and second paragraphs of
    section 1 of act Mar. 12, 1914. The first paragraph was included in
    the Act as originally enacted in 1914 and the second paragraph was
    added in 1980 by Pub. L. 96-423. Amendment of section 1 of act Mar.
    12, 1914, by act Mar. 29, 1940, ch. 74, 54 Stat. 80, relating to
    Mount McKinley National Park, and providing for accommodations for
    visitors and residents, was set out as section 353a of Title 16,
    Conservation. Section was formerly classified to section 301 of
    Title 48, Territories and Insular Possessions.
      Section 975a, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,
    related to telegraph and telephone lines in Alaska. Section was
    comprised of original second paragraph of section 1 of act Mar. 12,
    1914. Section was formerly classified to section 302 of Title 48.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective on date of transfer of Alaska Railroad to State
    [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads,
    see section 615(a) of Pub. L. 97-468.

            RENTAL OF ALASKA RAILROAD LANDS; REPORT TO CONGRESS        
      Pub. L. 95-611, Sec. 6, Nov. 8, 1978, 92 Stat. 3090, authorized
    the Secretary of Transportation to conduct an investigation and
    study to determine equitable rates to be charged for the rental of
    Alaska Railroad lands, required submission by the Secretary of a
    report on the results of such study to the Congress not later than
    one year after Nov. 8, 1978, and provided that, prior to 180 days
    after the receipt by Congress of such report, rental charges on
    lands rented by the Alaska Railroad were not to be increased by
    more than 100 per centum of the amount charged for such land on
    Jan. 1, 1977.

                              APPROPRIATIONS                          
      Section 2 of act Mar. 12, 1914, which provided that the cost of
    the work authorized by sections 975 to 975g should not exceed
    $35,000,000, and that in executing the authority granted by those
    sections the President should not expend nor obligate the United
    States to expend more than that sum, and also appropriated the sum
    of $1,000,000 to be used for carrying out the provisions of those
    sections, to continue available until expended, was repealed by
    section 615(a)(1) of Pub. L. 97-468.

-End-

-CITE-
    43 USC Sec. 975b                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Sec. 975b. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.
      21, 1976, 90 Stat. 2792

-MISC1-
      Section, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,
    authorized the President to withdraw, locate, and dispose of lands
    for town-site purposes along Alaskan railroad lines. Section was
    comprised of original fourth paragraph of act Mar. 12, 1914.
    Section was formerly classified to section 303 of Title 48,
    Territories and Insular Possessions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 704(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 975c to 975g                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-
    Secs. 975c to 975g. Repealed. Pub. L. 97-468, title VI, Sec.
      615(a)(1), Jan. 14, 1983, 96 Stat. 2577

-MISC1-
      Section 975c, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,
    related to terminals, stations, and rights of way in Alaska.
    Section was comprised of part of the last paragraph of section 1 of
    act Mar. 12, 1914. Section was formerly classified to section 304
    of Title 48, Territories and Insular Possessions.
      Section 975d, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,
    required Alaskan patents to contain reserve for right of way.
    Section was comprised of part of the last paragraph of section 1 of
    act Mar. 12, 1914. Section was formerly classified to section 305
    of Title 48.
      Section 975e, act Mar. 12, 1914, ch. 37, Sec. 3, 38 Stat. 307,
    related to disposition of proceeds of lease or sale of public lands
    in Alaska. Section was formerly classified to section 306 of Title
    48.
      Section 975f, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,
    related to authority of President as to Alaska Railroad,
    telegraphs, telephones, etc. Section was comprised of the third
    paragraph of section 1 of act Mar. 12, 1914. Section was formerly
    classified to section 307 of Title 48.
      Section 975g, act Mar. 12, 1914, ch. 37, Sec. 4, 38 Stat. 307,
    required officers, agents, etc., to make annual report as to Alaska
    Railroad, telegraphs, telephones, etc., to President for
    transmittal to Congress. Section was formerly classified to section
    308 of Title 48.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective on date of transfer of Alaska Railroad to State
    [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads,
    see section 615(a) of Pub. L. 97-468.

-EXEC-
                         EXECUTIVE ORDER NO. 11107                     
      Ex. Ord. No. 11107, Apr. 26, 1963, 28 F.R. 4225, which authorized
    the Secretary of the Interior to operate the Alaska Railroad and,
    subject to authority of the Interstate Commerce Commission,
    establish rates, was superseded by Ex. Ord. No. 12434, July 19,
    1983, 48 F.R. 33229, formerly set out below.

                         EXECUTIVE ORDER NO. 12434                     
      Ex. Ord. No. 12434, July 19, 1983, 48 F.R. 33229, related to the
    authority of the Secretary of Transportation to operate and
    administer the Alaska Railroad and to determine procedures for
    establishing rates for the Alaska Railroad, and to the authority of
    the Secretary of Transportation and Interstate Commerce Commission
    with respect to such rates. The Alaska Railroad was transferred to
    the State of Alaska on Jan. 5, 1985, and the State of Alaska has
    established the Alaska Railroad Corporation to manage and operate
    the Alaska Railroad.

-End-

-CITE-
    43 USC CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
             CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS         

-MISC1-
    Sec.                                                     
    981.        Indemnity to States on sale of lands.                 
    982.        Grant to States to aid in construction of levees and
                 drains.                                              
    983.        Lists and plats of lands, for governors of States.    
    984.        Legal subdivisions mostly wet and unfit for
                 cultivation.                                         
    985.        Omitted.                                              
    986.        Selection of lands confirmed.                         
    987.        Lands to be certified to State within one year.       
    988.        Act extended to Minnesota and Oregon.                 
    989.        Homestead entries by purchasers from Missouri of lands
                 declared not to be swamp lands.                      
    990.        Grant to Missouri.                                    
    991.        Title of purchasers of unconfirmed lands in Arkansas
                 confirmed.                                           
    992.        Sale of erroneously designated water-covered areas in
                 Arkansas.                                            
    993.        Sale of lands in Louisiana; preference rights;
                 application for purchase; appraisal; payment for
                 land.                                                
    994.        Sale of lands in Wisconsin.                           

-End-

-CITE-
    43 USC Sec. 981                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 981. Indemnity to States on sale of lands

-STATUTE-
      Upon proof by the authorized agent of the State, before the
    Secretary of the Interior or such officer as he may designate, that
    any of the lands purchased by any person from the United States,
    prior to March 2, 1855, were "swamp lands", within the true intent
    and meaning of the Act entitled "An Act to enable the State of
    Arkansas and other States to reclaim the swamp lands within their
    limits", approved September 28, 1850, the purchase money shall be
    paid over to the State wherein said land is situate; and when the
    lands have been located by warrant or scrip, the said State shall
    be authorized to locate a like quantity of any of the public lands
    subject to entry, at $1.25 per acre, or less, and patents shall
    issue therefor. The decision of the Secretary or such officer shall
    be first approved by the Secretary of the Interior.

-SOURCE-
    (R.S. Sec. 2482; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act approved September 28, 1850, referred to in text, is act
    Sept. 28, 1850, ch. 84, 9 Stat. 519, which is not classified to the
    Code.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2482 derived from act Mar. 2, 1855, ch. 147, Sec. 2, 10
    Stat. 634, 635.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946, which
    abolished General Land Office and Commissioner thereof and
    transferred functions of General Land Office to a new agency in
    Department of the Interior to be known as Bureau of Land
    Management. See section 403 of Reorg. Plan No. 3 of 1946, set out
    as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 982                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 982. Grant to States to aid in construction of levees and
      drains

-STATUTE-
      To enable the several States (but not including the States of
    Kansas, Nebraska, and Nevada) to construct the necessary levees and
    drains, to reclaim the swamp and overflowed lands therein - the
    whole of the swamp and overflowed lands, made unfit thereby for
    cultivation, and remaining unsold on or after the 28th day of
    September, A.D. 1850, are granted and belong to the several States
    respectively, in which said lands are situated: Provided, however,
    That said grant of swamp and overflowed lands, as to the States of
    California, Minnesota, and Oregon, is subject to the limitations,
    restrictions and conditions hereinafter named and specified in this
    chapter, as applicable to said three last-named States
    respectively.

-SOURCE-
    (R.S. Sec. 2479.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2479 derived from acts Sept. 28, 1850, ch. 84, Secs. 1,
    4, 9 Stat. 520; Mar. 12, 1860, ch. 5, Sec. 1, 12 Stat. 3; Feb. 19,
    1874, ch. 30, 18 Stat. 16.

-MISC1-
                      GRANTS NOT TO EXTEND TO ALASKA                  
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.
      Land grant under Alaska Statehood provisions in lieu of grant of
    land under this section (declared not to extend to Alaska), see
    section 6(l) of Pub. L. 85-508, set out as a note preceding section
    21 of Title 48.

-End-

-CITE-
    43 USC Sec. 983                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 983. Lists and plats of lands, for governors of States

-STATUTE-
      It shall be the duty of the Secretary of the Interior, to make
    accurate lists and plats of all such lands, and transmit the same
    to the governors of the several States in which such lands may lie,
    and at the request of the governor of any State in which said swamp
    and overflowed lands may be, to cause patents to be issued to said
    State therefor, conveying to said State the fee simple of said
    land.
      The proceeds of said lands, whether from sale or by direct
    appropriation in kind, shall be applied exclusively, as far as
    necessary, to the reclaiming said lands, by means of levees and
    drains.

-SOURCE-
    (R.S. Sec. 2480.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2480 derived from act Sept. 28, 1850, ch. 84, Sec. 2, 9
    Stat. 519.

-End-

-CITE-
    43 USC Sec. 984                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 984. Legal subdivisions mostly wet and unfit for cultivation

-STATUTE-
      In making out lists and plats of the lands aforesaid all legal
    subdivisions, the greater part whereof is wet and unfit for
    cultivation, shall be included in said lists and plats, but when
    the greater part of a subdivision is not of that character, the
    whole of it shall be excluded therefrom.

-SOURCE-
    (R.S. Sec. 2481.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2481 derived from act Sept. 28, 1850, ch. 84, Sec. 3, 9
    Stat. 519.

-End-

-CITE-
    43 USC Sec. 985                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 985. Omitted

-COD-
                               CODIFICATION                           
      Section, R.S. Sec. 2483, authorized the issuance of patents to
    purchasers or locators who have made entries on public lands
    claimed as swamp lands.

-End-

-CITE-
    43 USC Sec. 986                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 986. Selection of lands confirmed

-STATUTE-
      All land selected and reported to the General Land Office as
    swamp and overflowed land by the several States entitled to the
    provisions of said Act of September 28, 1850, prior to March 3,
    A.D. 1857, are confirmed to said States respectively so far as the
    same remained vacant and unappropriated and not interfered with by
    an actual settlement under any law of the United States.

-SOURCE-
    (R.S. Sec. 2484.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2484 derived from act Mar. 3, 1857, ch. 117, 11 Stat.
    251.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      General Land Office and office of Commissioner of General Land
    Office abolished by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July
    16, 1946, 11 F.R. 7876, 60 Stat. 1100. Functions of former
    transferred to Bureau of Land Management, and functions of latter
    transferred to Secretary of the Interior or that officer as he may
    designate, by that Plan. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 987                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 987. Lands to be certified to State within one year

-STATUTE-
      It shall be the duty of the Commissioner of the General Land
    Office, to certify over to the State of California as swamp and
    overflowed lands, all the lands represented as such upon the
    approved township surveys and plats, whether made before or after
    the 23d day of July 1866, under the authority of the United States.
      The Supervisor of Surveys shall under the direction of the
    Commissioner of the General Land Office, examine the segregation
    maps and surveys of the swamp and overflowed lands, made by said
    State; and where he shall find them to conform to the system of
    surveys adopted by the United States, he shall construct and
    approve township plats accordingly, and forward to the General Land
    Office for approval.
      In segregating large bodies of land, notoriously and obviously
    swamp and overflowed, it shall not be necessary to subdivide the
    same, but to run the exterior lines of such body of land.
      In case such State surveys are found not to be in accordance with
    the system of United States surveys, and in such other townships as
    no survey has been made by the United States, the commissioner
    shall direct the Supervisor of Surveys to make segregation surveys,
    upon application by the governor of said State, within one year of
    such application, of all the swamp and overflowed land in such
    townships, and to report the same to the General Land Office,
    representing and describing what land was swamp and overflowed,
    under the grant, according to the best evidence he can obtain.
      If the authorities of said State, shall claim as swamp and
    overflowed, any land not represented as such upon the map or in the
    returns of the surveyors, the character of such land at the date of
    the grant September 28, 1850, and the right to the same shall be
    determined by testimony, to be taken before the Supervisor of
    Surveys, who shall decide the same, subject to the approval of the
    Commissioner of the General Land Office.

-SOURCE-
    (R.S. Sec. 2488; Mar. 3, 1925, ch. 462, 43 Stat. 1144.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2488 derived from act July 23, 1866, ch. 219, Sec. 4,
    14 Stat. 219.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Offices of Commissioner of General Land Office and Supervisor of
    Surveys, and General Land Office abolished by Reorg. Plan No. 3 of
    1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.
    Functions of Commissioner and Supervisor transferred to Secretary
    of the Interior or those officers as he may designate, and
    functions of General Land Office transferred by Bureau of Land
    Management, by that plan. See section 403 of Reorg. Plan No. 3 of
    1946, set out as a note under section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 988                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 988. Act extended to Minnesota and Oregon

-STATUTE-
      The provisions of sections 982 to 984 of this title are extended
    to the States of Minnesota and Oregon: Provided, That the grant
    shall not include any lands which the Government of the United
    States may have sold or disposed of under any law, enacted prior to
    March 12, 1860, prior to the confirmation of title to be made under
    the authority of said sections - and the selections to be made from
    lands already surveyed in each of the States last named, under the
    authority of said sections, shall have been made within two years
    from the adjournment of the legislature of each State, at its next
    session after the 12th day of March, A. D. 1860 - and as to all
    lands surveyed or to be surveyed, thereafter, within two years from
    such adjournment, at the next session after notice by the Secretary
    of the Interior to the governor of the State, that the surveys have
    been completed and confirmed.

-SOURCE-
    (R.S. Sec. 2490.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2490 derived from act Mar. 12, 1860, ch. 5, Secs. 1, 2,
    12 Stat. 3.

-End-

-CITE-
    43 USC Sec. 989                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 989. Homestead entries by purchasers from Missouri of lands
      declared not to be swamp lands

-STATUTE-
      In all cases in the State of Missouri where lands have, prior to
    February 23, 1875, been selected and claimed as swamp and
    overflowed lands by said State, and the various counties therein,
    by virtue of any Act of Congress, and said lands have been withheld
    from market in consequence thereof by the General Government, and
    the said State and counties have sold said lands to actual
    settlers, and said settlers have improved the same to the value of
    $100; said settlers, their heirs, assigns, and legal
    representatives, who have continued to reside thereon, shall have
    priority of right to homestead all such lands as may be rejected by
    the United States as not being in fact swamp and overflowed lands;
    and it shall be the duty of the Secretary of the Interior to make
    such rules and regulations as may be necessary to carry into effect
    the provisions of this section: Provided, That nothing herein
    contained shall prejudice the rights of any person who may have
    made actual settlement upon such lands under the preemption or
    homestead laws prior to February 23, 1875.

-SOURCE-
    (Feb. 23, 1875, ch. 99, 18 Stat. 334; Mar. 3, 1891, ch. 561, Sec.
    4, 26 Stat. 1097.)

-End-

-CITE-
    43 USC Sec. 990                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 990. Grant to Missouri

-STATUTE-
      All lands in the State of Missouri selected as swamp and
    overflowed lands, and regularly reported as such to the General
    Land Office, and on March 3, 1877, withheld from market as such, so
    far as the same remain vacant and unappropriated and not interfered
    with by any preemption, homestead, or other claim under any law of
    the United States, and the claim whereto has not been on said date
    rejected by the Commissioner of the General Land Office, or other
    competent authority, are confirmed to said State, and all title
    thereto vested in said State: and it is made the duty of the
    Secretary of the Interior to cause patents to issue for the same.

-SOURCE-
    (Mar. 3, 1877, ch. 116, 19 Stat. 395.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      General Land Office and office of its Commissioner abolished by
    Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, which transferred functions of former to
    Bureau of Land Management, and transferred functions of latter to
    Secretary of the Interior or that officer as he may designate. See
    section 403 of Reorg. Plan No. 3 of 1946, set out as a note under
    section 1 of this title.

-End-

-CITE-
    43 USC Sec. 991                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 991. Title of purchasers of unconfirmed lands in Arkansas
      confirmed

-STATUTE-
      The title of all persons who had, on April 29, 1898, purchased
    from the State of Arkansas any unconfirmed swamp land and held
    deeds for the same, is confirmed and made valid as against any
    claim or right of the United States, and without the payment by
    said persons, their heirs or assigns, of any sum whatever to the
    United States or to the State or Arkansas.
      The State of Arkansas does hereby relinquish and quitclaim to the
    United States all lands prior to April 29, 1898, confirmed,
    certified, or patented to the State which have been entered under
    the public land laws; and does cede, relinquish, and quitclaim to
    the United States all right, title, and interest under the Acts of
    September 28, 1850, March 2, 1855, and March 3, 1857, in and to all
    lands in the State which have been heretofore granted, confirmed,
    certified, or patented by the United States under any other Acts,
    and the title to such lands is confirmed in the grantees, their
    heirs, successors, or assigns, anything in this section or any
    other Act to the contrary notwithstanding: Provided, That this
    section shall be of no force or effect until the State of Arkansas
    shall have accepted and approved the conditions, limitations, and
    provisions herein contained by an act of the general assembly or by
    an instrument in writing duly executed by the governor under the
    authority conferred upon him by the legislature of said State, and
    filed with the Secretary of the Treasury and the Secretary of the
    Interior within one year from April 29, 1898: Provided further,
    That whereas the General Assembly of the State of Arkansas did, on
    the 10th day of March, 1897, accept and approve the conditions,
    limitations, and provisions herein contained before April 29, 1898,
    making the same effective and conclusive, therefore this section
    shall be in full force and effect from and after April 29, 1898.

-SOURCE-
    (Apr. 29, 1898, ch. 229, Secs. 3, 4, 30 Stat. 368.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in text, are classified
    generally to this title.
      Act of September 28, 1850, referred to in text, is act Sept. 28,
    1850, ch. 84, 9 Stat. 519, which is not classified to the Code.
      Act of March 2, 1855, referred to in text, is act Mar. 2, 1855,
    ch. 147, 10 Stat. 634, which is not classified to the Code.
      Act of March 3, 1857, referred to in text, is act Mar. 3, 1857,
    ch. 117, 11 Stat. 251, which is not classified to the Code.

-End-

-CITE-
    43 USC Sec. 992                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 992. Sale of erroneously designated water-covered areas in
      Arkansas

-STATUTE-
      The Secretary of the Interior, in his judgment and discretion, is
    authorized to sell, in the manner hereinafter provided in this
    section, any of those public lands situated in the State of
    Arkansas which were originally erroneously meandered and shown upon
    the official plats as water-covered areas, and which are not
    lawfully appropriated by a qualified settler or entryman claiming
    under the public land laws.
      Any citizen of the United States who in good faith under color of
    title or claiming as a riparian owner, prior to September 21, 1922,
    placed valuable improvements upon or reduced to cultivation any of
    the lands subject to the operation of this section, shall have a
    preferred right to file in the office of the officer, as the
    Secretary of the Interior may designate, of the United States land
    office of the district in which the lands are situated, an
    application to purchase the lands thus improved by them at any time
    within ninety days from September 21, 1922, if the lands have been
    surveyed and plats filed in the United States land office;
    otherwise within ninety days from the filing of such plats. Every
    such application must be accompanied with satisfactory proof that
    the applicant is entitled to such preference right and that the
    lands which he applies to purchase are not in the legal possession
    of an adverse claimant.
      Upon the filing of an application to purchase any lands subject
    to the operation of this section, together with the required proof,
    the Secretary of the Interior shall cause the lands described in
    said application to be appraised, said appraisal to be on the basis
    of the value of such lands at the date of appraisal, exclusive of
    any increased value resulting from the development or improvement
    thereof for agricultural purposes by the applicant or his
    predecessor in interest, but inclusive of the stumpage value of any
    timber cut or removed by the applicant or his predecessor in
    interest.
      An applicant who applies to purchase lands under the provisions
    of this section, in order to be entitled to receive a patent must
    within thirty days from receipt of notice of appraisal by the
    Secretary of the Interior pay to the officer, as the Secretary of
    the Interior may designate, of the United States land office of the
    district in which the lands are situated the appraised price of the
    lands, and thereupon a patent shall issue to said applicant for
    such lands as the Secretary of the Interior shall determine that
    such applicant is entitled to purchase under this section. The
    proceeds derived by the Government from the sale of lands hereunder
    shall be covered into the United States Treasury and applied as
    provided by law for the disposal of the proceeds from the sale of
    public lands.
      The Secretary of the Interior is authorized to prescribe all
    necessary rules and regulations for administering the provisions of
    this section and determining conflicting claims arising hereunder.

-SOURCE-
    (Sept. 21, 1922, ch. 362, Secs. 1-5, 42 Stat. 992; 1946 Reorg. Plan
    No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in text, are classified
    generally to this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district land
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 993                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 993. Sale of lands in Louisiana; preference rights;
      application for purchase; appraisal; payment for land

-STATUTE-
      The Secretary of the Interior, in his judgment and discretion, is
    hereby authorized to sell, in the manner hereinafter provided, in
    this section, any of those lands situated in the State of Louisiana
    which were originally erroneously meandered and shown upon the
    official plats as water-covered areas, and which are not lawfully
    appropriated by a qualified settler or entryman claiming under the
    public land laws.
      Any citizen of the United States who, or whose ancestors in title
    in good faith under color of title or claiming as a riparian owner,
    prior to February 19, 1925, placed valuable improvements upon or
    reduced to cultivation any of the lands subject to the operation of
    this section, shall have a preferred right to file in the office of
    the officer, as the Secretary of the Interior may designate, of the
    United States land office of the district in which the lands are
    situated, an application to purchase the lands thus improved by
    them at any time within ninety days from February 19, 1925, if the
    lands have been surveyed and plats filed in the United States land
    office; otherwise within ninety days from official notice to such
    claimant of the filing of such plats. Every such application must
    be accompanied with satisfactory proof that the applicant is
    entitled to such preference right and that the lands which he
    applies to purchase are not in the legal possession of an adverse
    claimant or in the actual possession of a person or persons who
    have improved the property and who have attempted to enter same in
    compliance with the laws and regulations of the United States land
    office.
      Upon the filing of an application to purchase any lands subject
    to the operation of this section, together with the required proof,
    the Secretary of the Interior shall cause the lands described in
    said application to be appraised, said appraisal to be on the basis
    of the value of such lands at the date of appraisal, exclusive of
    any increased value resulting from the development or improvement
    thereof for agricultural purposes by the applicant or his
    predecessor in interest, but inclusive of the stumpage value of any
    timber cut or removed by the applicant or his predecessor in
    interest.
      An applicant who applies to purchase lands under the provisions
    of this section, in order to be entitled to receive a patent, must
    within six months from receipt of notice of appraisal by the
    Secretary of the Interior pay to the officer, as the Secretary of
    the Interior may designate, of the United States land office of the
    district in which the lands are situated, the appraised price of
    the lands, and thereupon a patent shall issue to said applicant for
    such lands as the Secretary of the Interior shall determine that
    such applicant is entitled to purchase under this section. The
    proceeds derived by the Government from the sale of the lands
    hereunder shall be covered into the United States Treasury and
    applied as provided by law for the disposal of the proceeds from
    the sale of public lands.
      The Secretary of the Interior is authorized to prescribe all
    necessary rules and regulations for administering the provisions of
    this section and determining conflicting claims arising hereunder.
      All purchases made and patents issued under the provisions of
    this section shall be subject to and contain a reservation to the
    United States of all the coal, oil, gas, and other minerals in the
    lands so purchased and patented, together with the right to
    prospect for, mine, and remove the same.

-SOURCE-
    (Feb. 19, 1925, ch. 268, Secs. 1, 2, 43 Stat. 951, 952; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in text, are classified
    generally to this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register" on authority of section 403 of Reorg.
    Plan No. 3 of 1946, which abolished all registers of district land
    offices and transferred functions of register of district land
    office to Secretary of the Interior. See section 403 of Reorg. Plan
    No. 3 of 1946, set out as a note under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 994                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 23 - GRANTS OF SWAMP AND OVERFLOWED LANDS

-HEAD-
    Sec. 994. Sale of lands in Wisconsin

-STATUTE-
      The Secretary of the Interior, in his judgment and discretion, is
    authorized to sell, in the manner hereinafter provided in this
    section, any of those lands situated in the State of Wisconsin
    which were originally erroneously meandered and shown upon the
    official plats as water-covered areas, and which are not lawfully
    appropriated by a qualified settler or entryman claiming under the
    public land laws.
      Any owner in good faith of land shown by the official public land
    surveys to be bounded in whole or in part by such erroneously
    meandered area, and who acquired title to such land prior to
    February 27, 1925, or any citizen of the United States who in good
    faith under color of title or claiming as a riparian owner had,
    prior to said date, placed valuable improvements upon or reduced to
    cultivation any of the lands subject to the operation of this
    section, shall have a preferred right to file in the office of the
    officer, as the Secretary of the Interior may designate, of the
    United States land office of the district in which the lands are
    situated, an application to purchase the lands thus improved by
    them at any time within ninety days from said date if the lands
    have been surveyed and plats filed in the United States land
    office; otherwise within ninety days from the filing of such plats.
    Every such application must be accompanied with satisfactory proof
    that the applicant is entitled to such preference right and that
    the lands which he applies to purchase are not in the legal
    possession of an adverse claimant under the public land laws.
      In event such erroneously meandered land is bounded by two or
    more tracts of land held in private ownership with apparent
    riparian rights indicated by the official township plat of survey
    at date of disposal of title by the United States, the Secretary of
    the Interior or such officer as he may designate shall have
    discretionary power to cause such meandered area, when surveyed, to
    be divided into such tracts or lots as will permit a fair division
    of such meandered area among the owners of such surrounding or
    adjacent tracts under the provisions of this section. In
    administering the provisions of this section, where there shall
    exist a conflict of claims falling within its operation, if any
    claimant shall have placed valuable improvements upon the land
    involved, or shall have reduced the same to cultivation, then to
    the extent of such improvements or cultivation, such claimant shall
    be given preference in adjustment of such conflict: Provided, That
    no preference right of entry under this section shall be recognized
    for a greater area than one hundred and sixty acres, in one body,
    to any one applicant, whether an individual, an association, or a
    corporation: Provided further, That this section shall not be
    construed as in any manner abridging the existing rights of any
    settler or entryman under the public land laws.
      Upon the filing of an application to purchase any lands subject
    to the operation of this section, together with the required proof,
    the Secretary of the Interior shall cause the lands described in
    said application to be appraised, said appraisal to be on the basis
    of the value of such lands at the date of appraisal, exclusive of
    any increased value resulting from the development or improvement
    thereof for agricultural purposes by the applicant or his
    predecessor in interest, but inclusive of the stumpage value of any
    timber cut or removed by the applicant or his predecessor in
    interest.
      An applicant who applies to purchase lands under the provisions
    of this section, in order to be entitled to receive a patent, must
    within thirty days from receipt of notice of appraisal by the
    Secretary of the Interior pay to the officer, as the Secretary of
    the Interior may designate, of the United States land office of the
    district in which the lands are situated the appraisal price of the
    lands, and thereupon a patent shall issue to said applicant for
    such lands as the Secretary of the Interior shall determine that
    such applicant is entitled to purchase under this section. The
    proceeds derived by the Government from the sale of lands under
    this section shall be covered into the United States Treasury and
    applied as provided by law for the disposal of the proceeds from
    the sale of public lands.
      The Secretary of the Interior is authorized to prescribe all
    necessary rules and regulations for administering the provisions of
    this section and determining conflicting claims arising thereunder.

-SOURCE-
    (Feb. 27, 1925, ch. 363, Secs. 1-6, 43 Stat. 1013, 1014; 1946
    Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60
    Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in text, are classified
    generally to this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Officer, as the Secretary of the Interior may designate"
    substituted for "register", and "Secretary of the Interior or such
    officer as he may designate" substituted for "Commissioner of the
    General Land Office" on authority of section 403 of Reorg. Plan No.
    3 of 1946, which abolished all registers of district land offices
    and General Land Office and Commissioner thereof, and transferred
    functions of register of district land office to Secretary of the
    Interior and functions of General Land Office to a new agency in
    Department of the Interior to be known as Bureau of Land
    Management. See section 403 of Reorg. Plan No. 3 of 1946, set out
    as a note under section 1 of this title.

-End-

-CITE-
    43 USC CHAPTER 24 - DRAINAGE UNDER STATE LAWS               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 24 - DRAINAGE UNDER STATE LAWS

-HEAD-
                  CHAPTER 24 - DRAINAGE UNDER STATE LAWS              

-End-

-CITE-
    43 USC Secs. 1021 to 1034                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 24 - DRAINAGE UNDER STATE LAWS

-HEAD-
    Secs. 1021 to 1034. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1021, act May 20, 1908, ch. 181, Sec. 1, 35 Stat. 169,
    subjected all lands in Minnesota to State laws for drainage for
    agricultural purposes.
      Section 1022, acts May 20, 1908, ch. 181, Sec. 2, 35 Stat. 169;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, authorized apportionment of
    drainage works.
      Section 1023, act May 20, 1908, ch. 181, Sec. 3, 35 Stat. 170,
    authorized sale of unentered lands or any lands covered by an
    unpatented entry for enforcement of charges.
      Section 1024, acts May 20, 1908, ch. 181, Sec. 4, 35 Stat. 170;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, authorized certification of
    statement of sale for any unentered lands or any lands covered by
    an unpatented entry.
      Section 1025, acts May 20, 1908, ch. 181, Sec. 5, 35 Stat. 170;
    Sept. 5, 1916, ch. 437, 39 Stat. 722; Oct. 28, 1921, ch. 114, Sec.
    1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to procedure for issuance of patents to purchasers of
    unentered lands.
      Section 1026, acts May 20, 1908, ch. 181, Sec. 6, 35 Stat. 170;
    Sept. 5, 1916, ch. 437, 39 Stat. 723; Oct. 28, 1921, ch. 114, Sec.
    1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, related to procedure for issuance of patents to purchasers of
    entered lands.
      Section 1027, acts May 20, 1908, ch. 181, Sec. 7, 35 Stat. 171;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, required all notices under
    drainage laws to be supplied to land offices and entrymen.
      Section 1028, act Mar. 3, 1919, ch. 113, 40 Stat. 1321, validated
    and confirmed prior erroneous cash entries on Chippewa Indian lands
    in Minnesota ceded under act Jan. 14, 1880, ch. 24, 25 Stat. 642.
      Section 1029, Pub. L. 85-387, Sec. 1, May 1, 1958, 72 Stat. 99,
    related to transfer of public lands in Minnesota.
      Section 1030, Pub. L. 85-387, Sec. 2, May 1, 1958, 72 Stat. 100,
    related to issuance of patents to State for such lands.
      Section 1031, Pub. L. 85-387, Sec. 3, May 1, 1958, 72 Stat. 100,
    related to validity of existing claims on patented lands.
      Section 1032, Pub. L. 85-387, Sec. 4, May 1, 1958, 72 Stat. 100,
    related to imposition of liens or assessments on Federal or Indian
    lands.
      Section 1033, Pub. L. 85-387, Sec. 5, May 1, 1958, 72 Stat. 100,
    related to consent of Indians prior to exercise of authority by
    Secretary.
      Section 1034, Pub. L. 85-387, Sec. 6, May 1, 1958, 72 Stat. 101,
    authorized promulgation of rules and regulations.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 1041 to 1048                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 24 - DRAINAGE UNDER STATE LAWS

-HEAD-
    Secs. 1041 to 1048. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1041, act Jan. 17, 1920, ch. 47, Sec. 1, 41 Stat. 392,
    subjected lands in Arkansas to State laws relating to organization,
    government, and regulation of drainage districts.
      Section 1042, acts Jan. 17, 1920, ch. 47, Sec. 2, 41 Stat. 392;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, authorized construction and
    maintenance of canals, ditches, etc.
      Section 1043, acts Jan. 17, 1920, ch. 47, Sec. 3, 41 Stat. 393;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to legally assessed
    liens against unentered public lands.
      Section 1044, acts Jan. 17, 1920, ch. 47, Sec. 4, 41 Stat. 393;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to excess of price of
    lands sold to enforce liens of assessment.
      Section 1045, acts Jan. 17, 1920, ch. 47, Sec. 5, 41 Stat. 393;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to procedure for
    issuance of patents to purchasers of unentered lands.
      Section 1046, acts Jan. 17, 1920, ch. 47, Sec. 6, 41 Stat. 393;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, related to procedure for
    issuance of patents to purchasers of entered lands.
      Section 1047, acts Jan. 17, 1920, ch. 47, Sec. 7, 41 Stat. 394;
    Oct. 28, 1921, ch. 114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch.
    462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100, required all notices under
    drainage laws to be supplied to land offices and entrymen.
      Section 1048, act Jan. 17, 1920, ch. 47, Sec. 8, 41 Stat. 394,
    provided for nonapplicability of provisions to lands involved in
    suits by United States to quiet title.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY;
           OBSTRUCTING SETTLEMENT OR TRANSIT               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
        CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                           SETTLEMENT OR TRANSIT

-MISC1-
    Sec.                                                     
    1061.       Inclosure of or assertion of right to public lands
                 without title.                                       
    1062.       Suits for violations of law.                          
    1063.       Obstruction of settlement on or transit over public
                 lands.                                               
    1064.       Violations of chapter; punishment.                    
    1065.       Summary removal of inclosures.                        
    1066.       Permission of Secretary to sue.                       

-End-

-CITE-
    43 USC Sec. 1061                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1061. Inclosure of or assertion of right to public lands
      without title

-STATUTE-
      All inclosures of any public lands in any State or Territory of
    the United States, heretofore or to be hereafter made, erected, or
    constructed by any person, party, association, or corporation, to
    any of which land included within the inclosure the person, party,
    association, or corporation making or controlling the inclosure had
    no claim or color of title made or acquired in good faith, or an
    asserted right thereto by or under claim, made in good faith with a
    view to entry thereof at the proper land office under the general
    laws of the United States at the time any such inclosure was or
    shall be made, are declared to be unlawful, and the maintenance,
    erection, construction, or control of any such inclosure is
    forbidden and prohibited; and the assertion of a right to the
    exclusive use and occupancy of any part of the public lands of the
    United States in any State or any of the Territories of the United
    States, without claim, color of title, or asserted right as above
    specified as to inclosure, is likewise declared unlawful, and
    prohibited.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 1, 23 Stat. 321.)

-End-

-CITE-
    43 USC Sec. 1062                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1062. Suits for violations of law

-STATUTE-
      It shall be the duty of the United States attorney for the proper
    district, on affidavit filed with him by any citizen of the United
    States that section 1061 of this title is being violated showing a
    description of the land inclosed with reasonable certainty, not
    necessarily by metes and bounds nor by governmental subdivisions of
    surveyed lands, but only so that the inclosure may be identified,
    and the persons guilty of the violation as nearly as may be, and by
    description, if the name cannot on reasonable inquiry be
    ascertained, to institute a civil suit in the proper United States
    district court, or territorial district court, in the name of the
    United States, and against the parties named or described who shall
    be in charge of or controlling the inclosure complained of as
    defendants; and jurisdiction is also conferred on any United States
    district court or territorial district court having jurisdiction
    over the locality where the land inclosed, or any part thereof,
    shall be situated, to hear and determine proceedings in equity, by
    writ of injunction, to restrain violations of the provisions of
    this chapter; and it shall be sufficient to give the court
    jurisdiction if service of original process be had in any civil
    proceeding on any agent or employee having charge or control of the
    inclosure. In any case if the inclosure shall be found to be
    unlawful, the court shall make the proper order, judgment, or
    decree for the destruction of the inclosure, in a summary way,
    unless the inclosure shall be removed by the defendant within five
    days after the order of the court.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 2, 23 Stat. 321; Mar. 3, 1911, ch.
    231, Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62
    Stat. 909; Pub. L. 98-620, title IV, Sec. 402(43), Nov. 8, 1984, 98
    Stat. 3360.)

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-620 struck out provision that any suit brought
    under this section had precedence for hearing and trial over other
    cases on the civil docket of the court, and had to be tried and
    determined at the earliest practicable day.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

-CHANGE-
                              CHANGE OF NAME                          
      Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States
    attorney" for "district attorney of the United States." See section
    541 of Title 28, Judiciary and Judicial Procedure, and Historical
    and Revision Notes thereunder.
      The words "district court" substituted for "district or circuit
    court" in two places to conform to act Mar. 3, 1911, which
    abolished the circuit courts and transferred their powers and
    duties to the district courts.

-End-

-CITE-
    43 USC Sec. 1063                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1063. Obstruction of settlement on or transit over public
      lands

-STATUTE-
      No person, by force, threats, intimidation, or by any fencing or
    inclosing, or any other unlawful means, shall prevent or obstruct,
    or shall combine and confederate with others to prevent or
    obstruct, any person from peaceably entering upon or establishing a
    settlement or residence on any tract of public land subject to
    settlement or entry under the public land laws of the United
    States, or shall prevent or obstruct free passage or transit over
    or through the public lands: Provided, This section shall not be
    held to affect the right or title of persons, who have gone upon,
    improved, or occupied said lands under the land laws of the United
    States, claiming title thereto, in good faith.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 3, 23 Stat. 322.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws of the United States, referred to in text,
    are classified generally to this title.

-End-

-CITE-
    43 USC Sec. 1064                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1064. Violations of chapter; punishment

-STATUTE-
      Any person violating any of the provisions of this chapter,
    whether as owner, part owner, or agent, or who shall aid, abet,
    counsel, advise, or assist in any violation hereof, shall be deemed
    guilty of a misdemeanor and fined in a sum not exceeding $1,000, or
    be imprisoned not exceeding one year, or both, for each offense.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 4, 23 Stat. 322; Mar. 10, 1908, ch.
    75, 35 Stat. 40.)

-End-

-CITE-
    43 USC Sec. 1065                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1065. Summary removal of inclosures

-STATUTE-
      The President is authorized to take such measures as shall be
    necessary to remove and destroy any unlawful inclosure of any of
    the public lands mentioned in this chapter, and to employ civil or
    military force as may be necessary for that purpose.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 5, 23 Stat. 322.)

-End-

-CITE-
    43 USC Sec. 1066                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25 - UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING
                  SETTLEMENT OR TRANSIT           

-HEAD-
    Sec. 1066. Permission of Secretary to sue

-STATUTE-
      Where the alleged unlawful inclosure includes less than one
    hundred and sixty acres of land, no suit shall be brought under the
    provisions of this chapter without authority from the Secretary of
    the Interior.

-SOURCE-
    (Feb. 25, 1885, ch. 149, Sec. 6, 23 Stat. 322.)

-End-

-CITE-
    43 USC CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-
               CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE           

-MISC1-
    Sec.                                                     
    1068.       Lands held in adverse possession; issuance of patent;
                 reservation of minerals; conflicting claims.         
    1068a.      Appraisal.                                            
    1068b.      Mineral reservation.                                  

-End-

-CITE-
    43 USC Sec. 1068                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-
    Sec. 1068. Lands held in adverse possession; issuance of patent;
      reservation of minerals; conflicting claims

-STATUTE-
      The Secretary of the Interior (a) shall, whenever it shall be
    shown to his satisfaction that a tract of public land has been held
    in good faith and in peaceful, adverse, possession by a claimant,
    his ancestors or grantors, under claim or color of title for more
    than twenty years, and that valuable improvements have been placed
    on such land or some part thereof has been reduced to cultivation,
    or (b) may, in his discretion, whenever it shall be shown to his
    satisfaction that a tract of public land has been held in good
    faith and in peaceful, adverse, possession by a claimant, his
    ancestors or grantors, under claim or color of title for the period
    commencing not later than January 1, 1901, to the date of
    application during which time they have paid taxes levied on the
    land by State and local governmental units, issue a patent for not
    to exceed one hundred and sixty acres of such land upon the payment
    of not less than $1.25 per acre: Provided, That where the area so
    held is in excess of one hundred and sixty acres the Secretary may
    determine what particular subdivisions, not exceeding one hundred
    and sixty acres, may be patented hereunder: Provided further, That
    coal and all other minerals contained therein are reserved to the
    United States; that said coal and other minerals shall be subject
    to sale or disposal by the United States under applicable leasing
    and mineral land laws, and permittees, lessees, or grantees of the
    United States shall have the right to enter upon said lands for the
    purpose of prospecting for and mining such deposits: And provided
    further, That no patent shall issue under the provisions of this
    chapter for any tract to which there is a conflicting claim adverse
    to that of the applicant, unless and until such claim shall have
    been finally adjudicated in favor of such applicant.

-SOURCE-
    (Dec. 22, 1928, ch. 47, Sec. 1, 45 Stat. 1069; July 28, 1953, ch.
    254, Sec. 1, 67 Stat. 227.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The leasing and mineral land laws, referred to in text, probably
    mean the mineral leasing laws which are classified generally to
    Title 30, Mineral Lands and Mining.

-MISC1-
                                AMENDMENTS                            
      1953 - Act July 28, 1953, provided for mandatory issuance of land
    patents to certain adverse possessors and broadened discretionary
    power of Secretary to issue patents to parties who have paid taxes
    on certain public lands since Jan. 1, 1901.

-End-

-CITE-
    43 USC Sec. 1068a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-
    Sec. 1068a. Appraisal

-STATUTE-
      Upon the filing of an application to purchase any lands subject
    to the operation of this chapter, together with the required proof,
    the Secretary of the Interior shall cause the lands described in
    said application to be appraised, said appraisal to be on the basis
    of the value of such lands at the date of appraisal, exclusive of
    any increased value resulting from the development or improvement
    of the lands by the applicant or his predecessors in interest, and
    in such appraisal the Secretary shall consider and give full effect
    to the equities of any such applicant.

-SOURCE-
    (Dec. 22, 1928, ch. 47, Sec. 2, 45 Stat. 1070.)

-End-

-CITE-
    43 USC Sec. 1068b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 25A - LANDS HELD UNDER COLOR OF TITLE

-HEAD-
    Sec. 1068b. Mineral reservation

-STATUTE-
      If the claimant requests that the patent to be issued under this
    chapter not contain a mineral reservation and if he can establish
    to the satisfaction of the Secretary that the requirements of this
    chapter have been complied with by such claimant and his
    predecessors for the period commencing not later than January 1,
    1901, to the date of application, no mineral reservation shall be
    made unless the lands are, at the time of issuance of the patent,
    within a mineral withdrawal or subject to an outstanding mineral
    lease.

-SOURCE-
    (Dec. 22, 1928, ch. 47, Sec. 3, as added July 28, 1953, ch. 254,
    Sec. 2, 67 Stat. 228.)

-End-

-CITE-
    43 USC CHAPTER 26 - ABANDONED MILITARY RESERVATIONS         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 26 - ABANDONED MILITARY RESERVATIONS

-HEAD-
               CHAPTER 26 - ABANDONED MILITARY RESERVATIONS           

-End-

-CITE-
    43 USC Secs. 1071 to 1073                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 26 - ABANDONED MILITARY RESERVATIONS

-HEAD-
    Secs. 1071 to 1073. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(114),
      65 Stat. 706

-MISC1-
      Section 1071, act July 5, 1884, ch. 214, Sec. 1, 23 Stat. 103,
    provided for designation by President of abandoned military
    reservations for disposition by Secretary of the Interior.
      Section 1072, act July 5, 1884, ch. 214, Sec. 2, 23 Stat. 103,
    related to survey or subdivision of those lands and appraisal,
    advertisement and sale and rights of settlers.
      Section 1073, act July 5, 1884, ch. 214, Sec. 3, 23 Stat. 103,
    related to sale of improvements or other property on those
    reservations.

-End-

-CITE-
    43 USC Sec. 1074                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 26 - ABANDONED MILITARY RESERVATIONS

-HEAD-
    Sec. 1074. Repealed. Pub. L. 94-579, title VII, Sec. 703(a), Oct.
      21, 1976, 90 Stat. 2789

-MISC1-
      Section, act July 5, 1884, ch. 214, Sec. 5, 23 Stat. 104,
    authorized disposition of mineral lands of vacated military
    reservations under mineral-land laws of United States.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 1075                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 26 - ABANDONED MILITARY RESERVATIONS

-HEAD-
    Sec. 1075. Repealed. Pub. L. 94-579, title VII, Secs. 702, 703(a),
      Oct. 21, 1976, 90 Stat. 2787, 2789

-MISC1-
      Section, act Aug. 21, 1916, ch. 361, 39 Stat. 518, provided for
    applicability of homestead and desert land laws to military
    reservations in Nevada.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.
      Section 703(a) of Pub. L. 94-579 additionally provided that the
    repeal made by that section is effective on and after Oct. 21,
    1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 1076 to 1081                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 26 - ABANDONED MILITARY RESERVATIONS

-HEAD-
    Secs. 1076 to 1081. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1076, act Mar. 3, 1893, ch. 208, 27 Stat. 593, authorized
    the President to withhold from sale or grant to municipal
    corporations portions of abandoned military reservations.
      Section 1077, acts Aug. 23, 1894, ch. 314, Sec. 1, 28 Stat. 491;
    Feb. 15, 1895, ch. 92, Sec. 1, 28 Stat. 664, authorized opening of
    lands of abandoned military reservations to settlement.
      Section 1078, act Aug. 23, 1894, ch. 314, Sec. 2, 28 Stat. 491,
    limited applicability of section 1077 of this title with respect to
    provisions of act July 5, 1884, relating to disposition of mineral
    lands.
      Section 1079, act Feb. 11, 1903, ch. 543, 32 Stat. 822, related
    to confirmation of indemnity selections by States in lieu of school
    sections in abandoned military reservations.
      Section 1080, act Feb. 15, 1895, ch. 92, Sec. 1, 28 Stat. 664,
    extended applicability of provisions relating to settlement and
    indemnity selection of abandoned military reservation to those
    abandoned prior to July 5, 1884.
      Section 1081, act Aug. 23, 1894, ch. 314, Sec. 3, as added Apr.
    23, 1904, ch. 1496, 33 Stat. 306, authorized patents for homesteads
    on Fort Abraham Lincoln Military Reservation, North Dakota.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA

-HEAD-
                   CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA               

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1091 to 1094. Repealed.                                           
    1095.       Reservations between sections for highway purposes.   
    1096 to 1098. Repealed.                                           
    1099.       Division into counties before opening to settlement;
                 reservation for county seats.                        
    1100 to 1102g. Repealed.                                          

                        SUBCHAPTER II - TOWN SITES                    
    1111 to 1119. Repealed.                                           

                  SUBCHAPTER III - LANDS IN GREER COUNTY              
    1131 to 1134. Repealed.                                           

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Secs. 1091 to 1094                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 1091 to 1094. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1091, act May 2, 1890, ch. 182, Sec. 18, 26 Stat. 90,
    related to homestead entries on Indian lands.
      Section 1092, act May 2, 1890, ch. 182, Sec. 20, 26 Stat. 91,
    related to procedure for homestead entries.
      Section 1093, act May 2, 1890, ch. 182, Sec. 21, 26 Stat. 91,
    related to patents on homestead entries.
      Section 1094, act May 2, 1890, ch. 182, Sec. 22, 26 Stat. 91,
    related to reservation and sale of townsites.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 1095                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1095. Reservations between sections for highway purposes

-STATUTE-
      There shall be reserved public highways four rods wide between
    each section of land in said former Territory of Oklahoma, the
    section lines being the center of said highways; but no deduction
    shall be made, where cash payments are provided for, in the amount
    to be paid for each quarter section of land by reason of such
    reservation. But if the said highway shall be vacated by any
    competent authority, the title to the respective strips shall inure
    to the then owner of the tract of which it formed a part by the
    original survey.

-SOURCE-
    (May 2, 1890, ch. 182, Sec. 23, 26 Stat. 92.)

-End-

-CITE-
    43 USC Secs. 1096 to 1098                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 1096 to 1098. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1096, act May 2, 1890, ch. 182, Sec. 24, 26 Stat. 92,
    related to fraudulent settlement of open lands.
      Section 1097, act May 2, 1890, ch. 182, Sec. 27, 26 Stat. 93,
    related to rights of occupants of lands prior to May 2, 1890.
      Section 1098, act Mar. 3, 1891, ch. 543, Sec. 16, 26 Stat. 1026,
    provided that all lands in Oklahoma be deemed agricultural lands
    for purposes of entry.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 1099                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1099. Division into counties before opening to settlement;
      reservation for county seats

-STATUTE-
      Before any lands in Oklahoma are open to settlement it shall be
    the duty of the Secretary of the Interior to divide the same into
    counties which shall contain as near as possible not less than
    seven hundred square miles in each county: Provided, That as soon
    as the county lines are designated by the Secretary he shall
    reserve not to exceed one-half section of land in each, to be
    located near the center of said county, for county seat purposes,
    to be entered under sections 718 and 719 (!1) of this title.

-SOURCE-
    (Mar. 3, 1891, ch. 543, Sec. 37, 26 Stat. 1043.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 718 and 719 of this title, referred to in text, were
    repealed by Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976,
    90 Stat. 2789.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Secs. 1100 to 1102g                                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 1100 to 1102g. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1100, acts Aug. 7, 1946, ch. 772, Sec. 1, 60 Stat. 872;
    Sept 22, 1950, ch. 983, 64 Stat. 903, granting of patents to
    certain lands south of Cimarron base line in Oklahoma and north of
    north line of Texas.
      Section 1101, act Aug. 7, 1946, ch. 772, Sec. 2, 60 Stat. 872,
    related to relinquishment by United States of title to townsite
    plots.
      Section 1102, act Aug. 3, 1955, ch. 498, Sec. 1, 69 Stat. 445,
    related to management and disposition of lands conveyed to United
    States by Choctaw Nation.
      Section 1102a, act Aug. 3, 1955, ch. 498, Sec. 2, 69 Stat. 445,
    authorized certain powers in Secretary to facilitate administration
    of such lands.
      Section 1102b, act Aug. 3, 1955, ch. 498, Sec. 3, 69 Stat. 446,
    related to sale or leasing of lands to Oklahoma or other agency.
      Section 1102c, act Aug. 3, 1955, ch. 498, Sec. 4, 69 Stat. 446,
    related to issuance of quitclaim deeds and reservation of mineral
    deposits.
      Section 1102d, act Aug. 3, 1955, ch. 498, Sec. 5, 69 Stat. 446,
    related to granting of easements, leases or permits for nonmineral
    resources.
      Section 1102e, act Aug. 3, 1955, ch. 498, Sec. 6, 69 Stat. 446,
    related to acceptance of contributions, donations, etc.
      Section 1102f, act Aug. 3, 1955, ch. 498, Sec. 7, 69 Stat. 447,
    related to issuance of regulations by Secretary of the Interior.
      Section 1102g, act Aug. 3, 1955, ch. 498, Sec. 8, 69 Stat. 447,
    related to deposit of moneys received into Treasury.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER II - TOWN SITES                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER II - TOWN SITES

-HEAD-
                        SUBCHAPTER II - TOWN SITES                    

-End-

-CITE-
    43 USC Secs. 1111 to 1119                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER II - TOWN SITES

-HEAD-
    Secs. 1111 to 1119. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1111, acts May 14, 1890, ch. 207, Sec. 1, 26 Stat. 109;
    July 7, 1898, ch. 571, Sec. 1, 30 Stat. 674, authorized entry by
    trustees on to town sites.
      Section 1112, acts May 14, 1890, ch. 207, Sec. 2, 26 Stat. 109;
    July 7, 1898, ch. 571, Sec. 1, 30 Stat. 674, related to evidence of
    occupancy.
      Section 1113, act May 14, 1890, ch. 207, Sec. 3, 26 Stat. 109,
    related to church lots.
      Section 1114, act May 14, 1890, ch. 207, Sec. 4, 26 Stat. 109,
    related to sale or reservation of lots for public use.
      Section 1115, acts May 14, 1890, ch. 207, Sec. 5, 26 Stat. 109;
    July 7, 1898, ch. 571, Sec. 1, 30 Stat. 674, authorized
    applicability of Kansas town-site law to trustees, or Commissioner
    after Jan. 1, 1899, in performing their duties.
      Section 1116, acts May 14, 1890, ch. 207, Sec. 6, 26 Stat. 110;
    July 7, 1898, ch. 571, Sec. 1, 30 Stat. 674, related to preference
    of pending entries of town sites.
      Section 1117, acts May 14, 1890, ch. 207, Sec. 7, 26 Stat. 110;
    July 7, 1898, ch. 571, Sec. 1, 30 Stat. 674, related to authority,
    duties, and compensation of trustees.
      Section 1118, act Sept. 1, 1893, No. 4, 28 Stat. 11, extended
    town-site laws to Cherokee Outlet territory.
      Section 1119, act May 11, 1896, ch. 168, Secs. 1, 2, 29 Stat.
    117; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, related to homestead entries on vacated town-
    sites.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER III - LANDS IN GREER COUNTY               01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER III - LANDS IN GREER COUNTY

-HEAD-
                  SUBCHAPTER III - LANDS IN GREER COUNTY              

-End-

-CITE-
    43 USC Secs. 1131 to 1134                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 27 - PUBLIC LANDS IN OKLAHOMA
    SUBCHAPTER III - LANDS IN GREER COUNTY

-HEAD-
    Secs. 1131 to 1134. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1131, acts Jan. 18, 1897, ch. 62, Sec. 1, 29 Stat. 490;
    June 23, 1897, ch. 8, 30 Stat. 105; Mar. 1, 1899, ch. 328, 30 Stat.
    966, related to homestead settlers on lands in Greer County.
      Section 1132, act Jan. 18, 1897, ch. 62, Sec. 2, 29 Stat. 490,
    related to laws applicable to entries of unoccupied lands.
      Section 1133, act Jan. 18, 1897, ch. 62, Sec. 3, 29 Stat. 490,
    related to laws applicable to entries of town-sites.
      Section 1134, act Jan. 18, 1897, ch. 62, Sec. 7, 29 Stat. 491,
    authorized applicability of sections 1131 to 1134 of this title to
    Greer County, Oklahoma, and repeal of inconsistent provisions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO
           PUBLIC LANDS                                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS

-HEAD-
      CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS  

-MISC1-
              SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS          
    Sec.                                                     
    1151 to 1156. Repealed.                                           

       SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS;
             INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR
    1161.       "Suspended entries of public lands" and "suspended
                 preemption land claims".                             
    1162.       Adjudications as to suspended entries; approval.      
    1163.       Patents surrendered and new ones issued.              
    1164.       Extent of foregoing provisions.                       
    1165.       Suspension of entries for correction of clerical
                 errors; patents.                                     
    1166.       Limitations of suits to annul patents.                
    1167.       Entries and final proofs, made out of proper district,
                 confirmed.                                           

                 SUBCHAPTER III - SALES OF ISOLATED TRACTS             
    1171 to 1177. Repealed.                                           

                      SUBCHAPTER IV - TIMBER CULTURE                  
    1181.       Repeal of laws.                                       

     SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                             ROAD GRANT LANDS
    1181a.      Conservation management by Department of the Interior;
                 permanent forest production; sale of timber;
                 subdivision.                                         
    1181b.      Cooperative agreements with other agencies or private
                 owners for coordinated administration.               
    1181c.      Repealed.                                             
    1181d.      Leasing of lands for grazing; disposition of moneys;
                 rules and regulations covering grazing lands.        
    1181e.      Rules and regulations generally; consultation and
                 agreements with other agencies regarding fire
                 regulations.                                         
    1181f.      Oregon and California land-grant fund; annual
                 distribution of moneys.                              
    1181f-1.    Coos Bay Wagon Road grant fund; annual payments;
                 appraisal and assessment of land and timber;
                 computation of payments.                             
    1181f-2.    Appraisal of land and timber; manner and frequency;
                 computation of amounts upon basis of last
                 appraisement; deduction of appraisement expenses.    
    1181f-3.    Additional sum from surplus for meeting payments due
                 from insufficient annual receipts; maximum aggregate
                 of decennial payments; covering of excess receipts
                 into general fund of Treasury.                       
    1181f-4.    Amount available for administration of Coos Bay Wagon
                 Road grant lands under sections 1181a to 1181f of
                 this title; covering of unused receipts into general
                 fund of Treasury.                                    
    1181g.      Unselected and unpatented odd-numbered sections as
                 revested grant lands; administration as
                 national-forest lands; revenues; prohibition against
                 disposition or exchange.                             
    1181h.      Exchange of jurisdiction between Secretaries;
                 conditions; publication in Federal Register.         
    1181i.      Designation of national-forest areas within counties;
                 disposition of revenues; approval by court.          
    1181j.      Appropriations to carry out sections 1181h and 1181i. 

           SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS       
    1185 to 1188. Transferred.                                        

                    SUBCHAPTER VII - EVIDENCES OF TITLE                
    1191 to 1193. Repealed.                                           

                      SUBCHAPTER VIII - INDIAN LANDS                  
    1195.       Negotiations for cession of lands.                    
    1196.       Classification and appraisement of unallotted and
                 unreserved lands.                                    
    1197.       Agreements with Indians not affected.                 
    1198.       Condemnation of Sioux lands for dam purposes;
                 negotiation of contracts.                            
    1199.       Provisions to be included in contracts for
                 condemnation of Sioux lands for dam purposes.        
    1200.       Judicial determination where compensation for
                 condemnation of Sioux lands for dam purposes
                 rejected.                                            
    1200a.      Preparation of appraisal schedule in determining just
                 compensation for condemnation of Sioux lands for dam
                 purposes; contents; transmittal to tribal
                 representatives.                                     
    1200b.      Inclusion of other provisions in contracts for
                 condemnation of Sioux lands for dam purposes.        
    1200c.      Submission of contracts and reports covering
                 disagreements on condemnation of Sioux lands for dam
                 purposes; ratification; effect.                      
    1200d.      Effect of condemnation of Sioux lands for dam purposes
                 on construction of Fort Randall Dam.                 
    1200e.      Authorization of appropriations for relocating certain
                 Sioux tribe members after condemnation of lands for
                 dam purposes; conditions; title to lands acquired.   

                 SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS             
    1201.       Power of Secretary or designated officer.             

               SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS           
    1211.       Elimination of oaths for written statements;
                 discretion of Secretary of the Interior.             
    1212.       Unsworn written statements subject to penalties of
                 presenting false claims.                             

           SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES       
    1221.       Issuance of patents; application.                     
    1222.       Notice of opening of lands to purchase.               
    1223.       Valid existing rights unaffected.                     

      SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF
                    LANDS BY SECRETARY OF THE INTERIOR
    1231 to 1234. Repealed.                                           

      SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
                                   LANDS
    1241.       Control of noxious plants on Government lands; State
                 programs; terms of entry.                            
    1242.       Reimbursement of States for expenses.                 
    1243.       Authorization of appropriations.                      

-End-

-CITE-
    43 USC SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS

-HEAD-
              SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS          

-End-

-CITE-
    43 USC Secs. 1151 to 1156                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER I - PATENTS FOR PRIVATE LAND CLAIMS

-HEAD-
    Secs. 1151 to 1156. Repealed. Pub. L. 94-579, title VII, Sec.
      705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-
      Section 1151, R.S. Sec. 2447; act Mar. 3, 1925, ch. 462, 43 Stat.
    1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, related to issuance of patents for confirmed
    claims.
      Section 1152, R.S. Sec. 2448, related to effect of patents to
    persons dead before issue.
      Section 1153, act June 6, 1874, ch. 223, Sec. 1, 18 Stat. 62,
    related to confirming titles to lands in Missouri in existence
    prior to June 6, 1874.
      Section 1154, act June 6, 1874, ch. 223, Sec. 2, 18 Stat. 62,
    related to unimpairing, etc., rights in existence prior to June 6,
    1874.
      Section 1155, act Jan. 28, 1879, ch. 30, Secs. 1-4, 20 Stat. 274,
    275; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
    7876, 60 Stat. 1100, authorized issuance of certificates of
    location of private land claims for certain States.
      Section 1156, act May 30, 1894, ch. 87, 28 Stat. 84; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100, authorized issuance of patents for locations under
    certificates made prior to Jan. 28, 1879, under former section 1155
    of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES
           AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND
           PATENTS THEREFOR                                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
       SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS;
             INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-End-

-CITE-
    43 USC Sec. 1161                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
    Sec. 1161. "Suspended entries of public lands" and "suspended
      preemption land claims"

-STATUTE-
      The Secretary of the Interior, or such officer as he may
    designate, is authorized to decide upon principles of equity and
    justice, as recognized in courts of equity, and in accordance with
    regulations to be approved by the Secretary of the Interior,
    consistently with such principles, all cases of suspended entries
    of public lands and of suspended preemption land claims, and to
    adjudge in what cases patents shall issue upon the same.

-SOURCE-
    (R.S. Sec. 2450; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept.
    20, 1922, ch. 350, 42 Stat. 857; 1946 Reorg. Plan No. 3, Sec. 403,
    eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2450 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9
    Stat. 51; Mar. 3, 1853, ch. 152, Sec. 1, 10 Stat. 258; June 26,
    1856, ch. 47, 11 Stat. 22; June 1, 1874, ch. 200, 18 Stat. 50; Feb.
    27, 1877, ch. 69, Sec. 1, 19 Stat. 244.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior, or such officer as he may designate,"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 1162                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
    Sec. 1162. Adjudications as to suspended entries; approval

-STATUTE-
      Every such adjudication shall be approved by the Secretary of the
    Interior and shall operate only to divest the United States of the
    title to the land embraced thereby, without prejudice to the rights
    of conflicting claimants.

-SOURCE-
    (R.S. Sec. 2451; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 244; Sept.
    20, 1922, ch. 350, 42 Stat. 858.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2451 derived from acts Aug. 3, 1846, ch. 78, Sec. 1, 9
    Stat. 51; Feb. 27, 1877. ch. 69, Sec. 1, 19 Stat. 244.

-End-

-CITE-
    43 USC Sec. 1163                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
    Sec. 1163. Patents surrendered and new ones issued

-STATUTE-
      Where patents have been already issued on entries which are
    approved by the Secretary of the Interior, the Secretary of the
    Interior, or such officer as he may designate, upon the canceling
    of the outstanding patent, is authorized to issue a new patent, on
    such approval, to the person who made the entry, his heirs or
    assigns.

-SOURCE-
    (R.S. Sec. 2456; Sept. 20, 1922, ch. 350, 42 Stat. 858; 1946 Reorg.
    Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
    1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2456 derived from act Mar. 3, 1853, ch. 152, Sec. 2, 10
    Stat. 258.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior, or such officer as he may designate,"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 1164                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
    Sec. 1164. Extent of foregoing provisions

-STATUTE-
      Sections 1161 to 1163 of this title shall be applicable to all
    cases of suspended entries and locations, which have arisen in the
    Bureau of Land Management since the 26th day of June 1856 as well
    as to all cases of a similar kind which may hereafter occur,
    embracing as well locations under bounty-land warrants as ordinary
    entries or sales, including homestead entries and preemption
    locations or cases; where the law has been substantially complied
    with, and the error or informality arose from ignorance, accident,
    or mistake which is satisfactorily explained; and where the rights
    of no other claimant or preemptor are prejudiced, or where there is
    no adverse claim.

-SOURCE-
    (R.S. Sec. 2457; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2457 derived from act June 26, 1856, ch. 47, 11 Stat.
    22.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Bureau of Land Management" substituted for "General Land Office"
    on authority of section 403 of Reorg. Plan No. 3 of 1946. See note
    set out under section 1 of this title.

-End-

-CITE-
    43 USC Sec. 1165                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
    Sec. 1165. Suspension of entries for correction of clerical errors;
      patents

-STATUTE-
      Whenever it shall appear to the Secretary of the Interior, or
    such officer as he may designate, that a clerical error has been
    committed in the entry of any of the public lands such entry may be
    suspended, upon proper notification to the claimant, through the
    local land office, until the error has been corrected; and all
    entries made under the preemption, homestead, desert-land, or
    timber-culture laws, in which final proof and payment may have been
    made and certificates issued, and to which there are no adverse
    claims originating prior to final entry and which have been sold or
    incumbered prior to the 1st day of March, 1888, and after final
    entry, to bona fide purchasers, or incumbrancers, for a valuable
    consideration, shall unless upon an investigation by a Government
    agent, fraud on the part of the purchaser has been found, be
    confirmed and patented upon presentation of satisfactory proof to
    the Land Department of such sale or incumbrance: Provided, That
    after the lapse of two years from the date of the issuance of the
    receipt of such officer as the Secretary of the Interior may
    designate upon the final entry of any tract of land under the
    homestead, timber-culture, desert-land, or preemption laws, or
    under this act, and when there shall be no pending contest or
    protest against the validity of such entry, the entryman shall be
    entitled to a patent conveying the land by him entered, and the
    same shall be issued to him; but this proviso shall not be
    construed to require the delay of two years from the date of said
    entry before the issuing of a patent therefor.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 7, 26 Stat. 1098; Oct. 28, 1921, ch.
    114, Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145;
    1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876,
    60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, means act Mar. 3, 1891, ch. 561,
    26 Stat. 1095, as amended, which enacted sections 161, 162, 173,
    174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6,
    718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of
    this title, sections 471, 607, 611, 611a, and 613 of Title 16,
    Conservation, section 495 of Title 25, Indians, and sections 30,
    36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 165 of this title.

-MISC1-
                                  REPEALS                              
      Repeal of "Act to encourage the growth of timber on the western
    prairies" not to affect valid rights accrued or accruing under said
    law and claims to be perfected in same manner as if act had not
    been repealed, see section 1181 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior, or such officer as he may designate"
    and "receipt of such officer as the Secretary of the Interior may
    designate" substituted for "Commissioner of the General Land
    Office" and "register's receipt", respectively, on authority of
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.
      Act Mar. 3, 1925, abolished office of surveyor general and
    transferred administration of all activities in charge of surveyors
    general to Field Surveying Service under jurisdiction of United
    States Supervisor of Surveys.

-End-

-CITE-
    43 USC Sec. 1166                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
    Sec. 1166. Limitations of suits to annul patents

-STATUTE-
      Suits by the United States to vacate and annul any patent shall
    only be brought within six years after the date of the issuance of
    such patents.

-SOURCE-
    (Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, Sec.
    8, 26 Stat. 1099.)

-End-

-CITE-
    43 USC Sec. 1167                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER II - DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID
                     AND DEFECTIVE CLAIMS AND PATENTS THEREFOR

-HEAD-
    Sec. 1167. Entries and final proofs, made out of proper district,
      confirmed

-STATUTE-
      Whenever it shall appear to the Secretary of the Interior, or
    such officer as he may designate, that an error was made prior to
    March 9, 1904, by the officers of any local land office in
    receiving any application, declaratory statement, entry, or final
    proof under the homestead or other land laws, and that there was no
    fraud practiced by the entryman, and that there are no prior
    adverse claimants to the land described in the entry, and that no
    other reason why the title should not vest in the entryman exists,
    except that said application, declaratory statement, entry, or
    proof was not made within the land district in which the lands
    applied for were situated, as provided by the Act of March 11, 1902
    [43 U.S.C. 254], such entry or proof shall be confirmed.

-SOURCE-
    (Mar. 9, 1904, ch. 503, Sec. 1, 33 Stat. 64; 1946 Reorg. Plan No.
    3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 11, 1902, referred to in text, probably means act
    Mar. 11, 1902, ch. 182, 32 Stat. 63, which was classified to
    section 254 of this title and was repealed by Pub. L. 94-579, title
    VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787. For complete
    classification of this Act to the Code, see Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior, or such officer as he may designate,"
    substituted for "Commissioner of the General Land Office" on
    authority of section 403 of Reorg. Plan No. 3 of 1946. See note set
    out under section 1 of this title.

-MISC1-
                              EFFECTIVE DATE                          
      Section 2 of act Mar. 9, 1904, provided: "That this Act [enacting
    this section] shall be in force from and after its passage and
    approval."

-End-

-CITE-
    43 USC SUBCHAPTER III - SALES OF ISOLATED TRACTS            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-
                 SUBCHAPTER III - SALES OF ISOLATED TRACTS             

-End-

-CITE-
    43 USC Secs. 1171 to 1173                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-
    Secs. 1171 to 1173. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1171, R.S. Sec. 2455; acts Feb. 26, 1895, ch. 133, 28
    Stat. 687; June 27, 1906, ch. 3554, 34 Stat. 517; Mar. 28, 1912,
    ch. 67, 37 Stat. 77; Mar. 9, 1928, ch. 164, 45 Stat. 253; June 28,
    1934, ch. 865, Sec. 14, 48 Stat. 1274; July 30, 1947, ch. 383, 61
    Stat. 630, set forth provisions relating to sale of isolated or
    disconnected tracts by Secretary of the Interior.
      Section 1171a, act Apr. 24, 1928, ch. 428, 45 Stat. 457, provided
    for applicability of section 1171 of this title to certain lands in
    Oklahoma.
      Section 1171b, act May 23, 1930, ch. 313, 46 Stat. 377, provided
    for applicability of section 1171 of this title to certain lands in
    Alabama.
      Section 1172, act Feb. 4, 1919, ch. 13, 40 Stat. 1055, provided
    for applicability of section 1171 of this title to ceded Chippewa
    Indian lands in Minnesota.
      Section 1173, act May 10, 1920, ch. 178, 41 Stat. 595, provided
    for applicability of section 1171 of this title to sale of tracts
    in Fort Berthold Indian Reservation, North Dakota.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 1174                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-
    Sec. 1174. Repealed. Aug. 28, 1937, ch. 876, title II, Sec. 201(c),
      50 Stat. 876

-MISC1-
      Section, act May 25, 1920, ch. 200, 41 Stat. 622, related to sale
    of class 3 of revested Oregon and California Railroad grant lands.
    See sections 1181a to 1181f of this title and Repeals note set out
    under section 1181a of this title.

-End-

-CITE-
    43 USC Secs. 1175 to 1177                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER III - SALES OF ISOLATED TRACTS

-HEAD-
    Secs. 1175 to 1177. Repealed. Pub. L. 94-579, title VII, Sec.
      703(a), Oct. 21, 1976, 90 Stat. 2789

-MISC1-
      Section 1175, act Aug. 11, 1921, ch. 62, 42 Stat. 159, provided
    for applicability of section 1171 of this title to sale of tracts
    in Fort Buford Military Reservation, North Dakota and Montana.
      Section 1176, act May 19, 1926, ch. 337, 44 Stat. 566, provided
    for applicability of section 1171 of this title to sale of lands in
    Fort Hall Indian Reservation.
      Section 1177, act Feb. 14, 1931, ch. 170, 46 Stat. 1105, provided
    for applicability of section 1171 of this title to sale of certain
    lands in Crow Indian Reservation, Montana.

                         EFFECTIVE DATE OF REPEAL                     
      Section 703(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER IV - TIMBER CULTURE                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER IV - TIMBER CULTURE

-HEAD-
                      SUBCHAPTER IV - TIMBER CULTURE                  

-End-

-CITE-
    43 USC Sec. 1181                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER IV - TIMBER CULTURE

-HEAD-
    Sec. 1181. Repeal of laws

-STATUTE-
      An Act entitled "An Act to amend an Act entitled 'An Act to
    encourage the growth of timber on the western prairies,' " approved
    June 14, 1878, and all laws supplementary thereto or amendatory
    thereof are repealed: Provided, That this repeal shall not affect
    any valid rights accrued or accruing under said laws but all bona
    fide claims lawfully initiated prior to March 3, 1891, may be
    perfected upon due compliance with law, in the same manner, upon
    the same terms and conditions, and subject to the same limitations,
    forfeitures, and contests as if this section had not been passed:
    Provided further, That the following words of the last clause of
    section 2 of said Act, namely, "That not less than twenty-seven
    hundred trees were planted on each acre," are repealed: Provided
    further, That in computing the period of cultivation the time shall
    run from the date of the entry, if the necessary acts of
    cultivation were performed within the proper time: Provided
    further, That the preparation of the land and the planting of trees
    shall be construed as acts of cultivation, and the time authorized
    to be so employed and actually employed shall be computed as a part
    of the eight years of cultivation required by statute: Provided
    further, That if trees, seeds, or cuttings were in good faith
    planted as provided by law and the same and the land upon which so
    planted were thereafter in good faith cultivated as provided by law
    for at least eight years by a person qualified to make entry and
    who has a subsisting entry under the timber-culture laws, final
    proof may be made without regard to the number of trees that may
    have been then growing on the land: And provided, That any person
    who has made entry of any public lands of the United States under
    the timber-culture laws, and who has for a period of four years in
    good faith complied with the provisions of said laws and who is an
    actual bona fide resident of the State or Territory in which said
    land is located shall be entitled to make final proof thereto, and
    acquire title to the same, by the payment of $1.25 per acre for
    such tract, under such rules and regulations as shall be prescribed
    by the Secretary of the Interior, and such officers as the
    Secretary may designate shall be allowed the same fees and
    compensation for final proofs in timber-culture entries as is now
    allowed by law in homestead entries: And provided further, That no
    land acquired under the provisions of this section shall in any
    event become liable to the satisfaction of any debt or debts
    contracted prior to the issuing of the final certificate therefor.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 1, 26 Stat. 1095; Mar. 3, 1893, ch.
    208, 27 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      An Act entitled "An Act to amend an Act entitled 'An Act to
    encourage the growth of timber on the western prairies,' " approved
    June 14, 1878, referred to in text, is act June 14, 1878, ch. 190,
    20 Stat. 113, which is not classified to the Code.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Such officers as the Secretary may designate" substituted for
    "registers" on authority of section 403 of Reorg. Plan No. 3 of
    1946. See note set out under section 1 of this title.

-End-

-CITE-
    43 USC SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND
           COOS BAY WAGON ROAD GRANT LANDS                 01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
     SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                             ROAD GRANT LANDS

-End-

-CITE-
    43 USC Sec. 1181a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181a. Conservation management by Department of the Interior;
      permanent forest production; sale of timber; subdivision

-STATUTE-
      Notwithstanding any provisions in the Acts of June 9, 1916 (39
    Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, such
    portions of the revested Oregon and California Railroad and
    reconveyed Coos Bay Wagon Road grant lands as are or may hereafter
    come under the jurisdiction of the Department of the Interior,
    which have heretofore or may hereafter be classified as
    timberlands, and power-site lands valuable for timber, shall be
    managed, except as provided in section 1181c (!1) of this title,
    for permanent forest production, and the timber thereon shall be
    sold, cut, and removed in conformity with the principal (!2) of
    sustained yield for the purpose of providing a permanent source of
    timber supply, protecting watersheds, regulating stream flow, and
    contributing to the economic stability of local communities and
    industries, and providing recreational facilties: (!3) Provided,
    That nothing in this section shall be construed to interfere with
    the use and development of power sites as may be authorized by law.

      The annual productive capacity for such lands shall be determined
    and declared as promptly as possible after August 28, 1937, but
    until such determination and declaration are made the average
    annual cut therefrom shall not exceed one-half billion feet board
    measure: Provided, That timber from said lands in an amount not
    less than one-half billion feet board measure, or not less than the
    annual sustained yield capacity when the same has been determined
    and declared, shall be sold annually, or so much thereof as can be
    sold at reasonable prices on a normal market.
      If the Secretary of the Interior determines that such action will
    facilitate sustained-yield management, he may subdivide such
    revested lands into sustained-yield forest units, the boundary
    lines of which shall be so established that a forest unit will
    provide, insofar as practicable, a permanent source of raw
    materials for the support of dependent communities and local
    industries of the region; but until such subdivision is made the
    land shall be treated as a single unit in applying the principle of
    sustained yield: Provided, That before the boundary lines of such
    forest units are established, the Department, after published
    notice thereof, shall hold a hearing thereon in the vicinity of
    such lands open to the attendance of State and local officers,
    representatives of dependent industries, residents, and other
    persons interested in the use of such lands. Due consideration
    shall be given to established lumbering operations in subdividing
    such lands when necessary to protect the economic stability of
    dependent communities. Timber sales from a forest unit shall be
    limited to the productive capacity of such unit and the Secretary
    is authorized, in his discretion, to reject any bids which may
    interfere with the sustained-yield management plan of any unit.

-SOURCE-
    (Aug. 28, 1937, ch. 876, title I, Sec. 1, 50 Stat. 874.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1181c of this title, referred to in first par., was
    repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90
    Stat. 2787.
      Acts of June 9, 1916, and February 26, 1919, referred to in text,
    are acts June 9, 1916, ch. 137, 39 Stat. 218 and Feb. 26, 1919, ch.
    47, 40 Stat. 1179, respectively, which are not classified to the
    Code.

-MISC1-
                                  REPEALS                              
      Act Aug. 28, 1937, title II, Sec. 201(c), second par., provided:
    "All Acts or parts of Act in conflict with this Act [sections 1181a
    to 1181f of this title] are hereby repealed to the extent necessary
    to give full force and effect to this Act."

                             SAVINGS PROVISION                         
      Provisions of Federal Land Policy and Management Act of 1976,
    Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, in the event of
    conflict or inconsistency with the act of August 28, 1937, sections
    1181a to 1181j of this title, insofar as relating to management of
    timber resources, etc., not to supersede, see section 701 of Pub.
    L. 94-579, set out as a note under section 1701 of this title.

     LEASE OF SMALL TRACTS FOR RESIDENTIAL, RECREATIONAL, OR COMMUNITY
                               SITE PURPOSES
      Lease of small tracts of the lands described in this section for
    residential, recreational, or community site purposes, and
    conditions with respect thereto, see section 682e of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "principle".

    (!3) So in original. Probably should be "facilities:".

-End-

-CITE-
    43 USC Sec. 1181b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181b. Cooperative agreements with other agencies or private
      owners for coordinated administration

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to make cooperative agreements with other Federal or State forest
    administrative agencies or with private forest owners or operators
    for the coordinated administration, with respect to time, rate,
    method of cutting, and sustained yield, of forest units comprising
    parts of revested or reconveyed lands, together with lands in
    private ownership or under the administration of other public
    agencies, when by such agreements he may be aided in accomplishing
    the purposes mentioned in sections 1181a and 1181b of this title.

-SOURCE-
    (Aug. 28, 1937, ch. 876, title I, Sec. 2, 50 Stat. 874.)

-End-

-CITE-
    43 USC Sec. 1181c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181c. Repealed. Pub. L. 94-579, title VII, Sec. 702, Oct. 21,
      1976, 90 Stat. 2787

-MISC1-
      Section, act Aug. 28, 1937, ch. 876, title I, Sec. 3, 50 Stat.
    875, related to classification and reclassification of lands as
    more suitable for agricultural use.

                         EFFECTIVE DATE OF REPEAL                     
      Section 702 of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976, except such
    effective date to be on and after tenth anniversary of date of
    approval of this Act, Oct. 21, 1976, insofar as homestead laws
    apply to public lands in Alaska.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Sec. 1181d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181d. Leasing of lands for grazing; disposition of moneys;
      rules and regulations covering grazing lands

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to lease for grazing any of said revested or reconveyed lands which
    may be so used without interfering with the production of timber or
    other purposes of sections 1181a to 1181f of this title as stated
    in section 1181a of this title: Provided, That all the moneys
    received on account of grazing leases shall be covered either into
    the "Oregon and California land-grant fund" or the "Coos Bay Wagon
    Road grant fund" in the Treasury as the location of the leased
    lands shall determine, and be subject to distribution as other
    moneys in such funds: Provided further, That the Secretary is also
    authorized to formulate rules and regulations for the use,
    protection, improvement, and rehabilitation of such grazing lands.

-SOURCE-
    (Aug. 28, 1937, ch. 876, title I, Sec. 4, 50 Stat. 875.)

-End-

-CITE-
    43 USC Sec. 1181e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181e. Rules and regulations generally; consultation and
      agreements with other agencies regarding fire regulations

-STATUTE-
      The Secretary of the Interior is authorized to perform any and
    all acts and to make such rules and regulations as may be necessary
    and proper for the purpose of carrying the provisions of sections
    1181a to 1181f of this title into full force and effect. The
    Secretary of the Interior is further authorized, in formulating
    forest-practice rules and regulations, to consult with the Oregon
    State Board of Forestry, representatives of timber owners and
    operators on or contiguous to said revested and reconveyed lands,
    and other persons or agencies interested in the use of such lands.
      In formulating regulations for the protection of such timberlands
    against fire, the Secretary is authorized, in his discretion, to
    consult and advise with Federal, State, and county agencies engaged
    in forest-fire-protection work, and to make agreements with such
    agencies for the cooperative administration of fire regulations
    therein: Provided, That rules and regulations for the protection of
    the revested lands from fire shall conform with the requirements
    and practices of the State of Oregon insofar as the same are
    consistent with the interests of the United States.

-SOURCE-
    (Aug. 28, 1937, ch. 876, title I, Sec. 5, 50 Stat. 875.)

-End-

-CITE-
    43 USC Sec. 1181f                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181f. Oregon and California land-grant fund; annual
      distribution of moneys

-STATUTE-
      On and after March 1, 1938, all moneys deposited in the Treasury
    of the United States in the special fund designated the "Oregon and
    California land-grant fund" shall be distributed annually as
    follows:
      (a) Fifty per centum to the counties in which the lands revested
    under the Act of June 9, 1916 (39 Stat. 218), are situated, to be
    payable on or after June 30, 1938, and each year thereafter to each
    of said counties in the proportion that the total assessed value of
    the Oregon and California grant lands in each of said counties for
    the year 1915 bears to the total assessed value of all of said
    lands in the State of Oregon for said year, such moneys to be used
    as other county funds: Provided, however, That for the purposes of
    this subsection the portion of the said revested Oregon and
    California railroad grant lands in each of said counties which was
    not assessed for the year 1915 shall be deemed to have been
    assessed at the average assessed value of the grant lands in said
    county.
      (b) Twenty-five per centum to said counties as money in lieu of
    taxes accrued or which shall accrue to them prior to March 1, 1938,
    under the provisions of the Act of July 13, 1926 (44 Stat. 915),
    and which taxes are unpaid on said date, such moneys to be paid to
    said counties severally by the Secretary of the Treasury of the
    United States, upon certification by the Secretary of the Interior,
    until such tax indebtedness as shall have accrued prior to March 1,
    1938, is extinguished.
      From and after payment of the above accrued taxes said 25 per
    centum shall be accredited annually to the general fund in the
    Treasury of the United States until all reimbursable charges
    against the Oregon and California land-grant fund owing to the
    general fund in the Treasury have been paid: Provided, That if for
    any year after the extinguishment of the tax indebtedness accruing
    to the counties prior to March 1, 1938, under the provisions of
    Forty-fourth Statutes, page 915, the total amount payable under
    subsection (a) of this section is less than 78 per centum of the
    aggregate amount of tax claims which accrued to said counties under
    said Act for the year 1934, there shall be additionally payable for
    such year such portion of said 25 per centum (but not in excess of
    three-fifths of said 25 per centum), as may be necessary to make up
    the deficiency. When the general fund in the Treasury has been
    fully reimbursed for the expenditures which were made charges
    against the Oregon and California land-grant fund said 25 per
    centum shall be paid annually, on or after September 30, to the
    several counties in the manner provided in subsection (a) of this
    section.
      (c) Twenty-five per centum to be available for the administration
    of sections 1181a to 1181f of this title, in such annual amounts as
    the Congress shall from time to time determine. Any part of such
    per centum not used for administrative purposes shall be covered
    into the general fund of the Treasury of the United States:
    Provided, That moneys covered into the Treasury in such manner
    shall be used to satisfy the reimbursable charges against the
    Oregon and California land-grant fund mentioned in subsection (b)
    of this section so long as any such charges shall exist.

-SOURCE-
    (Aug. 28, 1937, ch. 876, title II, Sec. 201, 50 Stat. 875; June 24,
    1954, ch. 357, Sec. 1(b), 68 Stat. 271; Pub. L. 94-273, Sec. 2(28),
    Apr. 21, 1976, 90 Stat. 376.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 9, 1916, referred to in subsec. (a), is act June 9,
    1916, ch. 137, 39 Stat. 218, which is not classified to the Code.
      Act of July 13, 1926 (44 Stat. 915), Forty-fourth Statutes, page
    915, and said Act, referred to in subsec. (b), mean act July 13,
    1926, ch. 897, 44 Stat. 915, which is not classified to the Code.

-COD-
                               CODIFICATION                           
      Section comprises all of section 201 of act Aug. 28, 1937, title
    II, except a second paragraph of subsec. (c) of that section which
    is set out as a Repeals note under section 1181a of this title.

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (b). Pub. L. 94-273 substituted "September" for
    "June".
      1954 - Subsec. (a). Act June 24, 1954, inserted proviso relating
    to determination of assessment.

         SHARING OF BUREAU OF LAND MANAGEMENT TIMBER SALE RECEIPTS     
      Pub. L. 103-66, title XIII, Sec. 13983, Aug. 10, 1993, 107 Stat.
    682, as amended by Pub. L. 103-443, Sec. 1(b), Nov. 2, 1994, 108
    Stat. 4631, authorized the Secretary of the Treasury to make
    defined special payments in certain fiscal years to counties in
    Oregon and California in lieu of certain other payments under this
    section and section 1181f-1 et seq. of this title, prior to repeal
    by Pub. L. 106-393, title IV, Sec. 404, Oct. 30, 2000, 114 Stat.
    1623.

-End-

-CITE-
    43 USC Sec. 1181f-1                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181f-1. Coos Bay Wagon Road grant fund; annual payments;
      appraisal and assessment of land and timber; computation of
      payments

-STATUTE-
      Beginning with the fiscal year next following May 24, 1939, not
    to exceed 75 per centum of the receipts derived in any one year
    from the Coos Bay Wagon Road grant lands in Oregon and deposited in
    the special fund in the Treasury created by the Act of February 26,
    1919 (40 Stat. 1179), and designated "The Coos Bay Wagon Road grant
    fund" shall be paid annually, in lieu of taxes, by the Secretary of
    the Treasury, upon certification by the Secretary of the Interior,
    to the treasurers of Coos and Douglas Counties according to the
    ratio that the total assessed valuation of the reconveyed Coos Bay
    Wagon Road grant lands, belonging to the United States, in each of
    said counties bears to the total assessed valuation of all said
    lands in those counties, to be used for the purposes mentioned in
    said Act: Provided, That until such time as the general fund of the
    Treasury of the United States shall have been fully reimbursed by
    Douglas County for expenditures which were made charges against the
    Coos Bay Wagon Road grant fund by section 5 of the Act of February
    26, 1919, said Douglas County shall be entitled to receive only 50
    per centum of the amount to which it would otherwise be entitled
    under sections 1181f-1 to 1181f-4 of this title: Provided further,
    That prior to making any payment under this authorization an
    appraisal of the land and timber thereon shall be made, within six
    months after May 24, 1939, by a committee to consist of a
    representative of the Secretary of the Interior, one representative
    for the two counties interested, and a third person satisfactory to
    the Secretary of the Interior and the county officials, but who
    shall not be an employee of the United States nor a resident of,
    nor a property owner in, either Coos or Douglas County. Upon
    appraisal thereof, the land and timber thereon shall be assessed as
    are other similar properties within the respective counties, and
    payments hereunder in lieu of taxes shall be computed by applying
    the same rates of taxation as are applied to privately owned
    property of similar character in such counties.

-SOURCE-
    (May 24, 1939, ch. 144, Sec. 1, 53 Stat. 753.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 26, 1919, referred to in text, is act Feb. 26,
    1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.

-MISC1-
                                  REPEALS                              
      Section 5 of act May 24, 1939, provided that: "All Acts or parts
    of Acts inconsistent with this Act [sections 1181f-1 to 1181f-4 of
    this title] are hereby repealed."

-End-

-CITE-
    43 USC Sec. 1181f-2                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181f-2. Appraisal of land and timber; manner and frequency;
      computation of amounts upon basis of last appraisement; deduction
      of appraisement expenses

-STATUTE-
      Appraisals of the land and timber thereon shall be made, in the
    manner prescribed in section 1181f-1 of this title, not less
    frequently than once in each ten-year period, and the amounts due
    hereunder in any year shall be computed as specified in section
    1181f-1 of this title upon the basis of the last appraisement. The
    expenses of making the appraisements provided for in sections 1181f-
    1 to 1181f-4 of this title shall be paid by the Secretary of the
    Treasury upon certification by the Secretary of the Interior, from
    that portion of the receipts derived from such lands and timber
    payable to the counties and shall be deducted from any amount due
    said counties.

-SOURCE-
    (May 24, 1939, ch. 144, Sec. 2, 53 Stat. 754.)

-End-

-CITE-
    43 USC Sec. 1181f-3                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181f-3. Additional sum from surplus for meeting payments due
      from insufficient annual receipts; maximum aggregate of decennial
      payments; covering of excess receipts into general fund of
      Treasury

-STATUTE-
      If, during any one year, 75 per centum of the receipts are
    insufficient fully to meet the payments due the counties hereunder,
    the Secretary of the Treasury, upon certification by the Secretary
    of the Interior, may pay an additional sum from any surplus of 75
    per centum of prior year receipts: Provided, however, That in no
    event shall the aggregate of payments during any ten-year period
    commencing with the period beginning July 1, 1940, exceed 75 per
    centum of the receipts deposited in the Treasury to the credit of
    the Coos Bay Wagon Road grant fund for such period: Provided
    further, That at the end of each ten-year period, any balance of
    the 75 per centum not required for payments to the counties shall
    be covered into the general fund of the Treasury of the United
    States.

-SOURCE-
    (May 24, 1939, ch. 144, Sec. 3, 53 Stat. 754.)

-End-

-CITE-
    43 USC Sec. 1181f-4                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181f-4. Amount available for administration of Coos Bay Wagon
      Road grant lands under sections 1181a to 1181f of this title;
      covering of unused receipts into general fund of Treasury

-STATUTE-
      Not to exceed 25 per centum of the annual receipts shall be
    available, in such amounts as the Congress shall from time to time
    appropriate for the administration of sections 1181a to 1181f of
    this title, insofar as such sections apply to the Coos Bay Wagon
    Road grant lands. Any balance not used for administrative purposes
    shall be covered into the general fund of the Treasury of the
    United States.

-SOURCE-
    (May 24, 1939, ch. 144, Sec. 4, 53 Stat. 754.)

-End-

-CITE-
    43 USC Sec. 1181g                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181g. Unselected and unpatented odd-numbered sections as
      revested grant lands; administration as national-forest lands;
      revenues; prohibition against disposition or exchange

-STATUTE-
      Those unselected and unpatented odd-numbered sections within the
    indemnity limits of the Oregon and California Railroad land grant
    authorized by the Act of July 25, 1866 (14 Stat. 239), as amended
    by the Act of April 10, 1869 (16 Stat. 47), and for which payment
    was made by the United States to such railroad or its successors in
    interest under the Act of June 9, 1916 (39 Stat. 218), pursuant to
    the decree in the case of United States against Oregon and
    California R. R. Co. (8 F. (2d) 645), which were included within
    the boundaries of national forests by proclamations of the
    President of the United States issued under the dates of June 17,
    1892, September 28, 1893, October 5, 1906, January 25, 1907, March
    1, 1907, and March 2, 1907, are declared to be revested Oregon and
    California Railroad grant lands; and said lands shall continue to
    be administered as national-forest lands by the Secretary of
    Agriculture subject to all laws, rules, and regulations applicable
    to the national forests: Provided, That all revenues hereafter
    derived from said lands and those revenues heretofore derived from
    such lands and placed in special deposit by agreement between the
    Secretary of Agriculture and the Secretary of the Interior shall be
    disposed of in accordance with the provisions of section 1181f of
    this title and said lands shall not hereafter be subject to the
    provisions of any other laws or parts of laws which otherwise
    prescribe the disposal or distribution of receipts from lands of
    the United States, except that none of the provisions of this Act
    shall affect revenues distributed prior to June 24, 1954. No part
    of said lands or the resources thereof shall be subject to exchange
    under the provisions of this or any other law applicable to
    national-forest lands or otherwise.

-SOURCE-
    (June 24, 1954, ch. 357, Sec. 1(a), 68 Stat. 270.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Acts July 25, 1866, April 10, 1869, and June 9, 1916, referred to
    in text, are acts July 25, 1866, ch. 242, 14 Stat. 239, Apr. 10,
    1869, ch. 27, 16 Stat. 47, and June 9, 1916, ch. 137, 39 Stat. 218,
    respectively, which are not classified to the Code.
      This Act, referred to in text, is act June 24, 1954, ch. 357, 68
    Stat. 270, which enacted sections 1181g to 1181j of this title and
    amended section 1181f of this title. For complete classification of
    this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section constitutes subsec. (a) of section 1 of act June 24,
    1954. Subsec. (b) of section 1 amended section 1181f(a) of this
    title.

-End-

-CITE-
    43 USC Sec. 1181h                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181h. Exchange of jurisdiction between Secretaries;
      conditions; publication in Federal Register

-STATUTE-
      The Secretary of the Interior and the Secretary of Agriculture
    are authorized and directed, within two years after June 24, 1954,
    to exchange administrative jurisdiction of revested Oregon and
    California Railroad grant lands lying within the boundaries of any
    national forest or within two miles of such boundaries, and
    national-forest lands of approximately equal aggregate value, when
    by such exchange the administration of the lands will be
    facilitated. Such exchanges shall be made subject to outstanding
    contracts, permits or other existing rights: Provided, That the
    said national-forest lands, administrative jurisdiction of which is
    transferred to the Secretary of the Interior, shall be excluded
    from the national forest and shall become subject to administration
    under the same provisions of law as the revested lands in exchange
    for which they were transferred, and the revested lands,
    administrative jurisdiction of which is transferred to the
    Secretary of Agriculture, shall become a part of the national
    forests subject to administration under the laws applicable to
    national forests: Provided further, That subject to the requirement
    of approximate equal aggregate value for the overall exchange, the
    revested lands and the national-forest lands, administrative
    jurisdiction of which is exchanged in any county, shall be
    approximately equal in area unless otherwise agreed to by the
    counties concerned. The exchanges provided for in this section
    shall in each case be evidenced by an order signed by the Secretary
    of the Interior and the Secretary of Agriculture and such orders
    shall be transmitted to the Division of the Federal Register for
    filing and publication.

-SOURCE-
    (June 24, 1954, ch. 357, Sec. 2, 68 Stat. 271.)

-End-

-CITE-
    43 USC Sec. 1181i                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181i. Designation of national-forest areas within counties;
      disposition of revenues; approval by court

-STATUTE-
      For the purpose of consolidating and thereby facilitating
    administration and accounting the Secretary of Agriculture is
    authorized to designate in the several counties in which the lands
    described in section 1181g of this title are situated (such
    designation to be published in the Federal Register), an area of
    national-forest land of a value substantially equal to the value of
    the lands in such county from which all revenues shall be disposed
    of in accordance with the provisions of section 1181f of this
    title, and upon such designation the provisions of sections 1181a
    to 1181f of this title shall be applicable to the lands so
    designated in lieu of the lands described in section 1181g of this
    title: Provided, however, That such designation shall not become
    effective until approved by the county court of the county in which
    the lands are located.

-SOURCE-
    (June 24, 1954, ch. 357, Sec. 3, 68 Stat. 271.)

-End-

-CITE-
    43 USC Sec. 1181j                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER V - OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON
                    ROAD GRANT LANDS            

-HEAD-
    Sec. 1181j. Appropriations to carry out sections 1181h and 1181i

-STATUTE-
      For the purpose of carrying out the provisions of sections 1181h
    and 1181i of this title there are authorized to be appropriated
    such sums as the Congress may from time to time determine to be
    necessary.

-SOURCE-
    (June 24, 1954, ch. 357, Sec. 4, 68 Stat. 272.)

-End-

-CITE-
    43 USC SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC
           LANDS                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
           SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS       

-End-

-CITE-
    43 USC Secs. 1185 to 1188                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VI - DISPOSAL OF MATERIALS ON PUBLIC LANDS

-HEAD-
    Secs. 1185 to 1188. Transferred

-COD-
                               CODIFICATION                           
      Section 1185, acts July 31, 1947, ch. 406, Sec. 1, 61 Stat. 681;
    July 23, 1955, ch. 375, Sec. 1, 69 Stat. 367, which related to
    rules and regulations governing disposal of materials on public
    lands, was transferred to section 601 of Title 30, Mineral Lands
    and Mining.
      Section 1186, act July 31, 1947, ch. 406, Sec. 2, 61 Stat. 681,
    which related to bidding, advertisement, conditions for negotiation
    of contracts and reports to Congress, was transferred to section
    602 of Title 30.
      Section 1187, acts July 31, 1947, ch. 406, Sec. 3, 61 Stat. 681;
    Aug. 31, 1950, ch. 830, 64 Stat. 571; July 23, 1955, ch. 375, Sec.
    2, 69 Stat. 368, which related to disposition on moneys from
    disposal of materials, was transferred to section 603 of Title 30.
      Section 1188, act July 31, 1947, ch. 406, Sec. 4, as added Aug.
    31, 1950, ch. 830, 64 Stat. 572, which related to disposal of sand,
    gravel, etc., in Alaska and to contracts upon the entry of Alaska
    into the Union, was transferred to section 604 of Title 30.

-End-

-CITE-
    43 USC SUBCHAPTER VII - EVIDENCES OF TITLE                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VII - EVIDENCES OF TITLE

-HEAD-
                    SUBCHAPTER VII - EVIDENCES OF TITLE                

-End-

-CITE-
    43 USC Secs. 1191 to 1193                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VII - EVIDENCES OF TITLE

-HEAD-
    Secs. 1191 to 1193. Repealed. Pub. L. 94-579, title VII, Sec.
      705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-
      Section 1191, R.S. Sec. 2471, related to falsely making or
    altering instruments concerning lands, mines, or minerals in
    California.
      Section 1192, R.S. Sec. 2472, related to falsely dating evidence
    of title under Mexican authority to lands in California.
      Section 1193, R.S. Sec. 2473, related to presenting false or
    counterfeited evidences of title to lands in California.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VIII - INDIAN LANDS                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
                      SUBCHAPTER VIII - INDIAN LANDS                  

-End-

-CITE-
    43 USC Sec. 1195                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1195. Negotiations for cession of lands

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion,
    to negotiate, through any United States Indian inspector,
    agreements with any Indians for the cession to the United States of
    portions of their respective reservations or surplus unallotted
    lands, any agreements thus negotiated to be subject to subsequent
    ratification by Congress.

-SOURCE-
    (Mar. 3, 1901, ch. 832, Sec. 1, 31 Stat. 1077.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act July 6, 1954, ch. 463, 68
    Stat. 452, which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 1196                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1196. Classification and appraisement of unallotted and
      unreserved lands

-STATUTE-
      The Secretary of the Interior is authorized to cause to be
    classified or reclassified and appraised or reappraised, in such
    manner as he may deem advisable, the unallotted or otherwise
    unreserved lands within any Indian reservation opened to settlement
    and entry but not classified and appraised in the manner provided
    for in the Act or Acts opening such reservations to settlement and
    entry, or where the existing classification or appraisement is, in
    the opinion of the Secretary of the Interior, erroneous.

-SOURCE-
    (June 6, 1912, ch. 155, 37 Stat. 125.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act July 6, 1954, ch. 463, 68
    Stat. 452, which comprises this subchapter.

-End-

-CITE-
    43 USC Sec. 1197                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1197. Agreements with Indians not affected

-STATUTE-
      Nothing in this act shall change, repeal, or modify any
    agreements or treaties made with any Indian tribes for the disposal
    of their lands, or of land ceded to the United States to be
    disposed of for the benefit of such tribes, and the proceeds
    thereof to be placed in the Treasury of the United States; and the
    disposition of such lands shall continue in accordance with the
    provisions of such treaties or agreements; except as provided in
    sections 161 and 162 (!1) of this title.

-SOURCE-
    (Mar. 3, 1891, ch. 561, Sec. 10, 26 Stat. 1099.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This act, referred to in text, means act Mar. 3, 1891, ch. 561,
    26 Stat. 1095, as amended, which enacted sections 161, 162, 173,
    174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-6,
    718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of
    this title, sections 471, 607, 611, 611a, and 613 of Title 16,
    Conservation, section 495 of Title 25, Indians, and sections 30,
    36, 44, 45, 48, and 52 of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Tables.
      Sections 161 and 162 of this title, referred to in text, were
    repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90
    Stat. 2787.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act July 6, 1954, ch. 463, 68
    Stat. 452, which comprises this subchapter.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1198                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1198. Condemnation of Sioux lands for dam purposes;
      negotiation of contracts

-STATUTE-
      The Chief of Engineers, Department of the Army, and the Secretary
    of the Interior, jointly representing the United States of America
    are authorized and directed to negotiate separate contracts
    containing the provisions outlined in this subchapter with the
    Sioux Indians of the Lower Brule Reservation, South Dakota, and
    with the Sioux Indians of the Crow Creek Reservation, South Dakota,
    acting through representatives of each tribe appointed for such
    purpose by its tribal council.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 1, 68 Stat. 452.)

-End-

-CITE-
    43 USC Sec. 1199                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1199. Provisions to be included in contracts for condemnation
      of Sioux lands for dam purposes

-STATUTE-
      The contract with each tribe negotiated pursuant to section 1198
    of this title shall - 
      (a) convey to the United States title to all tribal, allotted,
    assigned, and inherited lands or interests therein belonging to the
    Indians of the tribe, and title to all undivided interests in such
    allotted or inherited lands owned by non-Indians or by Indian
    nonmembers of the tribe, required by the United States for the
    reservoir to be created by the construction of the dams across the
    Missouri River in South Dakota, to be known as Fort Randall Dam,
    including such lands along the margins as may be required by the
    Chief of Engineers, Department of the Army, for the protection,
    development, and use of said reservoir: Provided, That the contract
    may provide for retention by the owners of any oil and gas rights
    in such lands that are not needed by the United States for the
    protection of such dam and reservoir;
      (b) provide for the payment of - 
        (1) just compensation for the lands and improvements and
      interests therein conveyed by the contract;
        (2) costs of relocating the tribe and its members who reside
      upon the lands conveyed by the contract in a manner that will
      reestablish and protect their economic, social, religious, and
      community life;
        (3) costs of relocating Indian cemeteries, tribal monuments,
      and shrines located upon the lands conveyed by the contract.

      (c) Provide a schedule of dates for the orderly removal of the
    Indians and their personal property from the taking area of the
    Fort Randall Reservoir within the reservation; and
      (d) State that the payments authorized to be made shall be in
    full and complete settlement of all claims by the tribe and its
    members against the United States arising because of the
    construction of the Fort Randall project.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 2, 68 Stat. 452.)

-CHANGE-
                              CHANGE OF NAME                          
      Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.
    88-97, Aug. 15, 1963, 77 Stat. 124.

-End-

-CITE-
    43 USC Sec. 1200                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1200. Judicial determination where compensation for
      condemnation of Sioux lands for dam purposes rejected

-STATUTE-
      The just compensation payable for the individual property of any
    person conveyed pursuant to subsection (a) of section 1199 of this
    title shall be judicially determined, if such person rejects the
    compensation specified in the contract with the tribe, in
    proceedings instituted for such purpose by the Department of the
    Army in the United States district court for the district in which
    the lands are situated.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 3, 68 Stat. 453.)

-End-

-CITE-
    43 USC Sec. 1200a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1200a. Preparation of appraisal schedule in determining just
      compensation for condemnation of Sioux lands for dam purposes;
      contents; transmittal to tribal representatives

-STATUTE-
      To assist the negotiators in arriving at the amount of just
    compensation payable for the property conveyed pursuant to
    subsection (a) of section 1199 of this title, the Secretary of the
    Interior and the Chief of Engineers, Department of the Army, shall
    cause to be prepared an appraisal schedule on an individual tract
    basis of the tribal, allotted, and assigned lands, including
    heirship interests therein, located within the taking area in each
    reservation. The appraisal schedule shall show the fair market
    value of the lands, giving full and proper weight to the following
    elements of appraisal, among others: Improvements, severance
    damage, standing timber, mineral rights, and the uses to which the
    lands are reasonably adapted. The appraisal schedule shall be
    transmitted to the representatives of the tribe appointed to
    negotiate a contract, and shall be used, together with any other
    appraisals which may be available, as a basis for determining the
    amount of just compensation to be included in the contract.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 4, 68 Stat. 453.)

-End-

-CITE-
    43 USC Sec. 1200b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1200b. Inclusion of other provisions in contracts for
      condemnation of Sioux lands for dam purposes

-STATUTE-
      The specification in section 1199 of this title of certain
    provisions to be included in each contract shall not preclude the
    inclusion of other provisions beneficial to the Indians who are
    parties of such contracts.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 5, 68 Stat. 453.)

-End-

-CITE-
    43 USC Sec. 1200c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1200c. Submission of contracts and reports covering
      disagreements on condemnation of Sioux lands for dam purposes;
      ratification; effect

-STATUTE-
      Each contract negotiated pursuant to this subchapter shall be
    submitted to the Congress for approval. The Chief of Engineers,
    Department of the Army, and the Secretary of the Interior are
    requested to submit such contract within one year from July 6,
    1954. If the negotiating parties are unable to agree on a proposed
    contract each party shall submit to the Congress separate detailed
    reports of the negotiations, together with their recommendations.
    In the event the negotiating parties are unable to agree on any
    provision in the proposed contracts such provision shall be
    included in an appendix to the contract, together with the views of
    each party, for consideration and determination by Congress. The
    contract shall not take effect unless, after determination of any
    disputed provision, it is ratified by Act of Congress and is
    ratified within six months after such action by the Congress by a
    majority of the adult members of the tribe: Provided, That when so
    ratified the contract shall constitute a taking by the United
    States as of the date the contract was signed by the Chief of
    Engineers, Department of the Army, and the Secretary of the
    Interior, for purposes of determining the ownership of the Indian
    tribal, allotted, and assigned lands and interests therein.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 6, 68 Stat. 453.)

-End-

-CITE-
    43 USC Sec. 1200d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1200d. Effect of condemnation of Sioux lands for dam purposes
      on construction of Fort Randall Dam

-STATUTE-
      Nothing in this subchapter shall be construed to restrict
    completion of the Fort Randall Dam to provide flood protection and
    other benefits on the Missouri River.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 7, 68 Stat. 453.)

-CHANGE-
                              CHANGE OF NAME                          
      Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.
    88-97, Aug. 15, 1963, 77 Stat. 124.

-End-

-CITE-
    43 USC Sec. 1200e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER VIII - INDIAN LANDS

-HEAD-
    Sec. 1200e. Authorization of appropriations for relocating certain
      Sioux tribe members after condemnation of lands for dam purposes;
      conditions; title to lands acquired

-STATUTE-
      There is authorized to be appropriated to the Secretary of the
    Interior the sum of $106,500, which shall be available until
    expended for the purpose of relocating the members of the Yankton
    Sioux Tribe, South Dakota, who reside or have resided, on tribal
    and allotted lands acquired by the United States for the Fort
    Randall Dam and Reservoir project, Missouri River Development, in a
    manner that will reestablish and protect their economic, social,
    religious, and community life. Title to any lands acquired within
    Indian country pursuant to this section shall be taken in the name
    of the United States in trust for the Yankton Sioux Tribe or
    members thereof. The said sum of $106,500 shall be assessed against
    the costs of the Fort Randall Dam and Reservoir, Missouri River
    Development.

-SOURCE-
    (July 6, 1954, ch. 463, Sec. 8, 68 Stat. 453.)

-CHANGE-
                              CHANGE OF NAME                          
      Fort Randall Reservoir redesignated Lake Francis Case by Pub. L.
    88-97, Aug. 15, 1963, 77 Stat. 124.

-End-

-CITE-
    43 USC SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS

-HEAD-
                 SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS             

-End-

-CITE-
    43 USC Sec. 1201                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER IX - ENFORCEMENT OF PROVISIONS

-HEAD-
    Sec. 1201. Power of Secretary or designated officer

-STATUTE-
      The Secretary of the Interior, or such officer as he may
    designate, is authorized to enforce and carry into execution, by
    appropriate regulations, every part of the provisions of title 32
    of the Revised Statutes not otherwise specially provided for.

-SOURCE-
    (R.S. Sec. 2478; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,
    1946, 11 F.R. 7876, 60 Stat. 1100.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title 32 of the Revised Statutes, referred to in text, was in the
    original "this Title", meaning title 32 of the Revised Statutes,
    consisting of R.S. Secs. 2207 to 2490. For complete classification
    of R.S. Secs. 2207 to 2490 to the Code, see Tables.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2478 derived from acts Sept. 28, 1850, ch. 84, Secs. 1,
    4, 9 Stat. 520; Mar. 12, 1860, ch. 5, Sec. 1, 12 Stat. 3; Feb. 19,
    1874, ch. 30, 18 Stat. 16.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Secretary of the Interior or such officer as he may designate"
    substituted for "Commissioner of the General Land Office, under the
    directions of the Secretary of the Interior" on authority of
    section 403 of Reorg. Plan No. 3 of 1946. See note set out under
    section 1 of this title.

-End-

-CITE-
    43 USC SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

-HEAD-
               SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS           

-End-

-CITE-
    43 USC Sec. 1211                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

-HEAD-
    Sec. 1211. Elimination of oaths for written statements; discretion
      of Secretary of the Interior

-STATUTE-
      Written statement in public land matters within the jurisdiction
    of the Department of the Interior, heretofore required by law to be
    made under oath, need no longer be made under oath unless the
    Secretary of the Interior shall, in his discretion, so require.

-SOURCE-
    (June 3, 1948, ch. 392, Sec. 1, 62 Stat. 301.)

-End-

-CITE-
    43 USC Sec. 1212                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER X - OATHS IN CERTAIN LAND MATTERS

-HEAD-
    Sec. 1212. Unsworn written statements subject to penalties of
      presenting false claims

-STATUTE-
      Unsworn written statements made in public land matters within the
    jurisdiction of the Department of the Interior shall remain subject
    to section 1001 of title 18.

-SOURCE-
    (June 3, 1948, ch. 392, Sec. 2, 62 Stat. 301.)

-COD-
                               CODIFICATION                           
      "Section 1001 of title 18" substituted in text for "section 35(A)
    of the Criminal Code (35 Stat. 1095, 18 U.S.C. sec. 80), as
    amended" on authority of act June 25, 1948, ch. 645, 62 Stat. 683,
    the first section of which enacted Title 18, Crimes and Criminal
    Procedure.

-MISC1-
    EXEMPTION OF DEPARTMENT OF THE INTERIOR FROM RESTRICTIONS ON NOTARY
                                  PUBLIC
      Section 3 of act June 3, 1948, provided: "That part of section
    558 of the Act of March 3, 1901, entitled 'An Act to establish a
    code of law for the District of Columbia' (31 Stat. 1279), as
    amended December 15, 1944 (58 Stat. 810, D.C. Code, 1951 edition,
    sec. 1-501), which reads as follows: 'And provided further, That no
    notary public shall be authorized to take acknowledgments,
    administer oaths, certify papers, or perform any official acts in
    connection with matters in which he is employed as counsel,
    attorney or agent or in which he may be in any way interested
    before any of the Departments aforesaid' shall not apply to matters
    before the Department of the Interior."

-End-

-CITE-
    43 USC SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND
           TITLES                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

-HEAD-
           SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES       

-End-

-CITE-
    43 USC Sec. 1221                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

-HEAD-
    Sec. 1221. Issuance of patents; application

-STATUTE-
      Whenever it shall be shown to the satisfaction of the Secretary
    of the Interior that a tract of public land, lying between the
    meander line of an inland lake or river in Wisconsin as originally
    surveyed and the meander line of that lake or river as subsequently
    resurveyed, has been held in good faith and in peaceful, adverse
    possession by a person, or his predecessors in interest, who had
    been issued a patent, prior to January 21, 1953, for lands lying
    along the meander line as originally determined, the Secretary of
    the Interior shall cause a patent to be issued to such person for
    such land upon the payment of the same price per acre as that at
    which the land included in the original patent was purchased and
    upon the same terms and conditions. All persons seeking to purchase
    lands under this subchapter shall make application to the Secretary
    within one year from August 24, 1954, or from the date of the
    official filing of the plat or resurvey, whichever is later, and
    the Secretary of the Interior shall cause no patents to be issued
    for land lying between the original meander line and the resurveyed
    meander line until the conclusion of such periods.

-SOURCE-
    (Aug. 24, 1954, ch. 900, Sec. 1, 68 Stat. 789.)

-End-

-CITE-
    43 USC Sec. 1222                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

-HEAD-
    Sec. 1222. Notice of opening of lands to purchase

-STATUTE-
      Upon the filing of a plat of resurvey under section 1221 of this
    title the Secretary shall give such notice as he finds appropriate
    by newspaper publication or otherwise of the opening of the lands
    to purchase under this subchapter.

-SOURCE-
    (Aug. 24, 1954, ch. 900, Sec. 2, 68 Stat. 790.)

-End-

-CITE-
    43 USC Sec. 1223                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XI - WISCONSIN RIVER AND LAKE LAND TITLES

-HEAD-
    Sec. 1223. Valid existing rights unaffected

-STATUTE-
      Nothing in this subchapter shall affect valid existing rights.

-SOURCE-
    (Aug. 24, 1954, ch. 900, Sec. 3, 68 Stat. 790.)

-End-

-CITE-
    43 USC SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM
           ACQUISITION OF LANDS BY SECRETARY OF THE
           INTERIOR                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS
           BY SECRETARY OF THE INTERIOR                  

-HEAD-
      SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF
                    LANDS BY SECRETARY OF THE INTERIOR

-End-

-CITE-
    43 USC Secs. 1231 to 1234                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XII - MOVING EXPENSES RESULTING FROM ACQUISITION OF LANDS
           BY SECRETARY OF THE INTERIOR                  

-HEAD-
    Secs. 1231 to 1234. Repealed. Pub. L. 91-646, title II, Sec.
      220(a)(1), Jan. 2, 1971, 84 Stat. 1903

-MISC1-
      Section 1231, Pub. L. 85-433, Sec. 1, May 29, 1958, 72 Stat. 152,
    related to payment of moving expenses to owners and tenants of land
    acquired for developments and to applications for payments.
      Section 1232, Pub. L. 85-433, Sec. 2, May 29, 1958, 72 Stat. 152,
    related to administration and rules and regulations.
      Section 1233, Pub. L. 85-433, Sec. 3, May 29, 1958, 72 Stat. 152,
    related to definitions.
      Section 1234, Pub. L. 85-433, Sec. 4, May 29, 1958, 72 Stat. 152,
    related to availability of appropriations. See section 4601 et seq.
    of Title 42, The Public Health and Welfare.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Jan. 2, 1971, see section 221 of Pub. L. 91-646,
    set out as an Effective Date note under section 4601 of Title 42,
    The Public Health and Welfare.

                             SAVINGS PROVISION                         
      Any rights or liabilities existing under provisions repealed by
    section 220(a) of Pub. L. 91-646 as not affected by such repeal,
    see section 220(b) of Pub. L. 91-646, set out as a note under
    section 4621 of Title 42, The Public Health and Welfare.

-End-

-CITE-
    43 USC SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS
           ON GOVERNMENT LANDS                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
           LANDS                                         

-HEAD-
      SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
                                   LANDS

-End-

-CITE-
    43 USC Sec. 1241                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
           LANDS                                         

-HEAD-
    Sec. 1241. Control of noxious plants on Government lands; State
      programs; terms of entry

-STATUTE-
      The heads of Federal departments or agencies are authorized and
    directed to permit the commissioner of agriculture or other proper
    agency head of any State in which there is in effect a program for
    the control of noxious plants to enter upon any lands under their
    control or jurisdiction and destroy noxious plants growing on such
    land if - 
        (1) such entry is in accordance with a program submitted to and
      approved by such department or agency: Provided, That no entry
      shall occur when the head of such Federal department or agency,
      or his designee, shall have certified that entry is inconsistent
      with national security;
        (2) the means by which noxious plants are destroyed are
      acceptable to the head of such department or agency; and
        (3) the same procedure required by the State program with
      respect to privately owned land has been followed.

-SOURCE-
    (Pub. L. 90-583, Sec. 1, Oct. 17, 1968, 82 Stat. 1146.)

-End-

-CITE-
    43 USC Sec. 1242                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
           LANDS                                         

-HEAD-
    Sec. 1242. Reimbursement of States for expenses

-STATUTE-
      Any State incurring expenses pursuant to section 1241 of this
    title upon presentation of an itemized account of such expenses
    shall be reimbursed by the head of the department or agency having
    control or jurisdiction of the land with respect to which such
    expenses were incurred: Provided, That such reimbursement shall be
    only to the extent that funds appropriated specifically to carry
    out the purposes of this subchapter are available therefor during
    the fiscal year in which the expenses are incurred.

-SOURCE-
    (Pub. L. 90-583, Sec. 2, Oct. 17, 1968, 82 Stat. 1146.)

-End-

-CITE-
    43 USC Sec. 1243                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 28 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS
    SUBCHAPTER XIII - STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT
           LANDS                                         

-HEAD-
    Sec. 1243. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated to departments or
    agencies of the Federal Government such sums as the Congress may
    determine to be necessary to carry out the purposes of this
    subchapter.

-SOURCE-
    (Pub. L. 90-583, Sec. 3, Oct. 17, 1968, 82 Stat. 1146.)

-End-

-CITE-    
    43 USC CHAPTER 29 - SUBMERGED LANDS                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS

-HEAD-
                       CHAPTER 29 - SUBMERGED LANDS                   

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1301.       Definitions.                                          
    1302.       Resources seaward of Continental Shelf.               
    1303.       Amendment, modification, or repeal of other laws.     

        SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                                BOUNDARIES
    1311.       Rights of States.                                     
                  (a)  Confirmation and establishment of title and
                        ownership of lands and resources; management,
                        administration, leasing, development, and use.
                  (b)  Release and relinquishment of title and claims
                        of United States; payment to States of moneys
                        paid under leases.                            
                  (c)  Leases in effect on June 5, 1950.              
                  (d)  Authority and rights of United States
                        respecting navigation, flood control and
                        production of power.                          
                  (e)  Ground and surface waters west of 98th
                        meridian.                                     
    1312.       Seaward boundaries of States.                         
    1313.       Exceptions from operation of section 1311 of this
                 title.                                               
    1314.       Rights and powers retained by United States; purchase
                 of natural resources; condemnation of lands.         
    1315.       Rights acquired under laws of United States
                 unaffected.                                          

              SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS          
    1331.       Definitions.                                          
    1332.       Congressional declaration of policy.                  
    1333.       Laws and regulations governing lands.                 
                  (a)  Constitution and United States laws; laws of
                        adjacent States; publication of projected
                        State lines; international boundary disputes;
                        restriction on State taxation and
                        jurisdiction.                                 
                  (b)  Longshore and Harbor Workers' Compensation Act
                        applicable; definitions.                      
                  (c)  National Labor Relations Act applicable.       
                  (d)  Coast Guard regulations; marking of artificial
                        islands, installations, and other devices;
                        failure of owner suitably to mark according to
                        regulations.                                  
                  (e)  Authority of Secretary of the Army to prevent
                        obstruction to navigation.                    
                  (f)  Provisions as nonexclusive.                    
    1334.       Administration of leasing.                            
                  (a)  Rules and regulations; amendment; cooperation
                        with State agencies; subject matter and scope
                        of regulations.                               
                  (b)  Compliance with regulations as condition for
                        issuance, continuation, assignment, or other
                        transfer of leases.                           
                  (c)  Cancellation of nonproducing lease.            
                  (d)  Cancellation of producing lease.               
                  (e)  Pipeline rights-of-way; forfeiture of grant.   
                  (f)  Competitive principles governing pipeline
                        operation.                                    
                  (g)  Rates of production.                           
                  (h)  Federal action affecting outer Continental
                        Shelf; notification; recommended changes.     
                  (i)  Flaring of natural gas.                        
                  (j)  Cooperative development of common
                        hydrocarbon-bearing areas.                    
    1335.       Validation and maintenance of prior leases.           
                  (a)  Requirements for validation.                   
                  (b)  Conduct of operations under lease; sulphur
                        rights.                                       
                  (c)  Nonwaiver of United States claims.             
                  (d)  Judicial review of determination.              
                  (e)  Lands beneath navigable waters.                
    1336.       Controversies over jurisdiction; agreements; payments;
                 final settlement or adjudication; approval of notice
                 concerning oil and gas operations in Gulf of Mexico. 
    1337.       Leases, easements, and rights-of-way on the outer
                 Continental Shelf.                                   
                  (a)  Oil and gas leases; award to highest
                        responsible qualified bidder; method of
                        bidding; royalty relief; Congressional
                        consideration of bidding system; notice.      
                  (b)  Terms and provisions of oil and gas leases.    
                  (c)  Antitrust review of lease sales.               
                  (d)  Due diligence.                                 
                  (e)  Secretary's approval for sale, exchange,
                        assignment, or other transfer of leases.      
                  (f)  Antitrust immunity or defenses.                
                  (g)  Leasing of lands within three miles of seaward
                        boundaries of coastal States; deposit of
                        revenues; distribution of revenues.           
                  (h)  State claims to jurisdiction over submerged
                        lands.                                        
                  (i)  Sulphur leases; award to highest bidder; method
                        of bidding.                                   
                  (j)  Terms and provisions of sulphur leases.        
                  (k)  Other mineral leases; award to highest bidder;
                        terms and conditions; agreements for use of
                        resources for shore protection, beach or
                        coastal wetlands restoration, or other
                        projects.                                     
                  (l)  Publication of notices of sale and terms of
                        bidding.                                      
                  (m)  Disposition of revenues.                       
                  (n)  Issuance of lease as nonprejudicial to ultimate
                        settlement or adjudication of controversies.  
                  (o)  Cancellation of leases for fraud.              
                  (p)  Leases, easements, or rights-of-way for energy
                        and related purposes.                         
    1338.       Disposition of revenues.                              
    1338a.      Moneys received as a result of forfeiture by Outer
                 Continental Shelf permittee, lessee, or right-of-way
                 holder; return of excess amounts.                    
    1339.       Repealed.                                             
    1340.       Geological and geophysical explorations.              
                  (a)  Approved exploration plans.                    
                  (b)  Oil and gas exploration.                       
                  (c)  Plan approval; State concurrence; plan
                        provisions.                                   
                  (d)  Drilling permit.                               
                  (e)  Plan revisions; conduct of exploration
                        activities.                                   
                  (f)  Drilling permits issued and exploration plans
                        approved within 90-day period after September
                        18, 1978.                                     
                  (g)  Determinations requisite to issuance of
                        permits.                                      
                  (h)  Lands beneath navigable waters adjacent to
                        Phillip Burton Wilderness.                    
    1341.       Reservation of lands and rights.                      
                  (a)  Withdrawal of unleased lands by President.     
                  (b)  First refusal of mineral purchases.            
                  (c)  National security clause.                      
                  (d)  National defense areas; suspension of
                        operations; extension of leases.              
                  (e)  Source materials essential to production of
                        fissionable materials.                        
                  (f)  Helium ownership; rules and regulations
                        governing extraction.                         
    1342.       Prior claims as unaffected.                           
    1343.       Repealed.                                             
    1344.       Outer Continental Shelf leasing program.              
                  (a)  Schedule of proposed oil and gas lease sales.  
                  (b)  Estimates of appropriations and staff required
                        for management of leasing program.            
                  (c)  Suggestions from Federal agencies and affected
                        State and local governments; submission of
                        proposed program to Governors of affected
                        States and Congress; publication in Federal
                        Register.                                     
                  (d)  Comments by Attorney General on anticipated
                        effect on competition; comments by State or
                        local governments; submission of program to
                        President and Congress; issuance of leases in
                        accordance with program.                      
                  (e)  Review, revision, and reapproval of program.   
                  (f)  Procedural regulations for management of
                        program.                                      
                  (g)  Information from public and private sources;
                        confidentiality of classified or privileged
                        data.                                         
                  (h)  Information from all Federal departments and
                        agencies; confidentiality of privileged or
                        proprietary information.                      
    1345.       Coordination and consultation with affected State and
                 local governments.                                   
                  (a)  Recommendations regarding size, time, or
                        location of proposed lease sales.             
                  (b)  Time for submission of recommendations.        
                  (c)  Acceptance or rejection of recommendations.    
                  (d)  Finality of acceptance or rejection of
                        recommendations.                              
                  (e)  Cooperative agreements.                        
    1346.       Environmental studies.                                
                  (a)  Information for assessment and management of
                        impacts on environment; time for study;
                        impacts on marine biota from pollution or
                        large spills.                                 
                  (b)  Additional studies subsequent to leasing and
                        development of area.                          
                  (c)  Procedural regulations for conduct of studies;
                        cooperation with affected States; utilization
                        of information from Federal, State and local
                        governments and agencies.                     
                  (d)  Consideration of relevant environmental
                        information in developing regulations, lease
                        conditions and operating orders.              
                  (e)  Assessment of cumulative effects of activities
                        on environment; submission to Congress.       
                  (f)  Utilization of capabilities of Department of
                        Commerce.                                     
    1347.       Safety and health regulations.                        
                  (a)  Joint study of adequacy of existing safety and
                        health regulations; submission to President
                        and Congress.                                 
                  (b)  Use of best available and safest economically
                        feasible technologies.                        
                  (c)  Regulations applying to unregulated hazardous
                        working conditions.                           
                  (d)  Application of other laws.                     
                  (e)  Studies of underwater diving techniques and
                        equipment.                                    
                  (f)  Coordination and consultation with Federal
                        departments and agencies; availability to
                        interested persons of compilation of safety
                        regulations.                                  
    1348.       Enforcement of safety and environmental regulations.  
                  (a)  Utilization of Federal departments and
                        agencies.                                     
                  (b)  Duties of holders of lease or permit.          
                  (c)  Onsite inspection of facilities.               
                  (d)  Investigation and report on major fires, oil
                        spills, death, or serious injury.             
                  (e)  Review of allegations of violations.           
                  (f)  Summoning of witnesses and production of
                        evidence.                                     
    1349.       Citizens suits, jurisdiction and judicial review.     
                  (a)  Persons who may bring actions; persons against
                        whom action may be brought; time of action;
                        intervention by Attorney General; costs and
                        fees; security.                               
                  (b)  Jurisdiction and venue of actions.             
                  (c)  Review of Secretary's approval of leasing
                        program; review of approval, modification or
                        disapproval of exploration or production plan;
                        persons who may seek review; scope of review;
                        certiorari to Supreme Court.                  
    1350.       Remedies and penalties.                               
                  (a)  Injunctions, restraining orders, etc.          
                  (b)  Civil penalties; hearing.                      
                  (c)  Criminal penalties.                            
                  (d)  Liability of corporate officers and agents for
                        violations by corporation.                    
                  (e)  Concurrent and cumulative nature of penalties. 
    1351.       Oil and gas development and production.               
                  (a)  Development and production plans; submission to
                        Secretary; statement of facilities and
                        operation; submission to Governors of affected
                        States and local governments.                 
                  (b)  Development and production activities in
                        accordance with plan as lease requirement.    
                  (c)  Scope and contents of plan.                    
                  (d)  State concurrence in land or water zone use in
                        coastal zone of State.                        
                  (e)  Declaration of approval of development and
                        production plan as major Federal action;
                        submission of preliminary or final lease plans
                        prior to commencement of National
                        Environmental Policy provisions procedures.   
                  (f)  Plans considered major Federal actions;
                        submission of draft environmental impact
                        statement to Governors of affected States and
                        local governments.                            
                  (g)  Plans considered nonmajor Federal actions;
                        comments and recommendations from States.     
                  (h)  Approval, disapproval or modification of plan;
                        reapplication; periodic review.               
                  (i)  Approval of revision of approved plan.         
                  (j)  Cancellation of lease on failure to submit plan
                        or comply with approved plan.                 
                  (k)  Production and transportation of natural gas;
                        submission of plan to Federal Energy
                        Regulatory Commission; impact statement.      
                  (l)  Application of provisions to leases in Gulf of
                        Mexico.                                       
    1352.       Oil and gas information program.                      
                  (a)  Access to data and information obtained by
                        lessee or permittee from oil or gas
                        exploration, etc., data obtained by Federal
                        department or agency from geological and
                        geophysical explorations.                     
                  (b)  Processing, analyzing, and interpreting
                        information; availability of summary of data
                        to affected States and local government.      
                  (c)  Confidentiality of information; regulations.   
                  (d)  Transmittal of information to affected State;
                        protection of competitive position.           
                  (e)  Agreement with State to waive defenses and hold
                        United States harmless from failure to
                        maintain confidentiality of information.      
                  (f)  Civil action against United States or State for
                        failure to maintain confidentiality of
                        information; certain defenses unavailable.    
                  (g)  Preemption of State law by Federal law.        
                  (h)  Failure by State to comply with regulations;
                        withholding of information.                   
    1353.       Federal purchase and disposition of oil and gas.      
                  (a)  Payment of royalties or net profit shares in
                        oil and gas; purchase of oil and gas by United
                        States; transfer of title to Federal agencies.
                  (b)  Sale of oil by United States to public;
                        disposition of oil to small refiners;
                        application of other laws.                    
                  (c)  Sale of gas by United States to public.        
                  (d)  Purchase by lessee of Federal oil or gas for
                        which no bids received.                       
                  (e)  Definitions.                                   
                  (f)  Purchase of oil and gas in time of war.        
    1354.       Limitations on export of oil or gas.                  
                  (a)  Application of Export Administration
                        provisions.                                   
                  (b)  Condition precedent to exportation; express
                        finding by President of no increase in
                        reliance on imported oil or gas.              
                  (c)  Report of findings by President to Congress;
                        joint resolution of disagreement with findings
                        of President.                                 
                  (d)  Exchange or temporary exportation of oil and
                        gas for convenience or efficiency of
                        transportation.                               
    1355.       Restrictions on employment of former officers or
                 employees of Department of the Interior.             
    1356.       Documentary, registry and manning requirements.       
                  (a)  Regulations.                                   
                  (b)  Exceptions from design, construction,
                        alteration, and repair requirements.          
                  (c)  Exceptions from manning requirements.          
    1356a.      Coastal impact assistance program.                    
                  (a)  Definitions.                                   
                  (b)  Payments to producing States and coastal
                        political subdivisions.                       
                  (c)  Coastal impact assistance plan.                
                  (d)  Authorized uses.                               

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Sec. 1301                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1301. Definitions

-STATUTE-
      When used in this subchapter and subchapter II of this chapter - 
      (a) The term "lands beneath navigable waters" means - 
        (1) all lands within the boundaries of each of the respective
      States which are covered by nontidal waters that were navigable
      under the laws of the United States at the time such State became
      a member of the Union, or acquired sovereignty over such lands
      and waters thereafter, up to the ordinary high water mark as
      heretofore or hereafter modified by accretion, erosion, and
      reliction;
        (2) all lands permanently or periodically covered by tidal
      waters up to but not above the line of mean high tide and seaward
      to a line three geographical miles distant from the coast line of
      each such State and to the boundary line of each such State where
      in any case such boundary as it existed at the time such State
      became a member of the Union, or as heretofore approved by
      Congress, extends seaward (or into the Gulf of Mexico) beyond
      three geographical miles, and
        (3) all filled in, made, or reclaimed lands which formerly were
      lands beneath navigable waters, as hereinabove defined;

      (b) The term "boundaries" includes the seaward boundaries of a
    State or its boundaries in the Gulf of Mexico or any of the Great
    Lakes as they existed at the time such State became a member of the
    Union, or as heretofore approved by the Congress, or as extended or
    confirmed pursuant to section 1312 of this title but in no event
    shall the term "boundaries" or the term "lands beneath navigable
    waters" be interpreted as extending from the coast line more than
    three geographical miles into the Atlantic Ocean or the Pacific
    Ocean, or more than three marine leagues into the Gulf of Mexico,
    except that any boundary between a State and the United States
    under this subchapter or subchapter II of this chapter which has
    been or is hereafter fixed by coordinates under a final decree of
    the United States Supreme Court shall remain immobilized at the
    coordinates provided under such decree and shall not be ambulatory;
      (c) The term "coast line" means the line of ordinary low water
    along that portion of the coast which is in direct contact with the
    open sea and the line marking the seaward limit of inland waters;
      (d) The terms "grantees" and "lessees" include (without limiting
    the generality thereof) all political subdivisions, municipalities,
    public and private corporations, and other persons holding grants
    or leases from a State, or from its predecessor sovereign if
    legally validated, to lands beneath navigable waters if such grants
    or leases were issued in accordance with the constitution,
    statutes, and decisions of the courts of the State in which such
    lands are situated, or of its predecessor sovereign: Provided,
    however, That nothing herein shall be construed as conferring upon
    said grantees or lessees any greater rights or interests other than
    are described herein and in their respective grants from the State,
    or its predecessor sovereign;
      (e) The term "natural resources" includes, without limiting the
    generality thereof, oil, gas, and all other minerals, and fish,
    shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other
    marine animal and plant life but does not include water power, or
    the use of water for the production of power;
      (f) The term "lands beneath navigable waters" does not include
    the beds of streams in lands now or heretofore constituting a part
    of the public lands of the United States if such streams were not
    meandered in connection with the public survey of such lands under
    the laws of the United States and if the title to the beds of such
    streams was lawfully patented or conveyed by the United States or
    any State to any person;
      (g) The term "State" means any State of the Union;
      (h) The term "person" includes, in addition to a natural person,
    an association, a State, a political subdivision of a State, or a
    private, public, or municipal corporation.

-SOURCE-
    (May 22, 1953, ch. 65, title I, Sec. 2, 67 Stat. 29; Pub. L. 99-
    272, title VIII, Sec. 8005, Apr. 7, 1986, 100 Stat. 151.)

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b). Pub. L. 99-272 inserted ", except that any
    boundary between a State and the United States under this
    subchapter or subchapter II of this chapter which has been or is
    hereafter fixed by coordinates under a final decree of the United
    States Supreme Court shall remain immobilized at the coordinates
    provided under such decree and shall not be ambulatory".

                       SHORT TITLE OF 1995 AMENDMENT                   
      Pub. L. 104-58, title III, Sec. 301, Nov. 28, 1995, 109 Stat.
    563, provided that: "This title [amending section 1337 of this
    title and enacting provisions set out as notes under section 1337
    of this title] may be referred to as the 'Outer Continental Shelf
    Deep Water Royalty Relief Act'."

                      SHORT TITLE OF 1986 AMENDMENTS                  
      Pub. L. 99-367, Sec. 1, July 31, 1986, 100 Stat. 774, provided:
    "That this Act [enacting section 1865 of this title, amending
    section 1343 of this title, and repealing section 1861 of this
    title] may be referred to as the 'OCS Paperwork and Reporting
    Act'."
      Section 8001 of title VIII of Pub. L. 99-272 provided that: "This
    title [amending this section and sections 1332 and 1337 of this
    title and enacting provisions set out as a note under section 1337
    of this title] may be referred to as the 'Outer Continental Shelf
    Lands Act Amendments of 1985'."

                                SHORT TITLE                            
      Section 1 of act May 22, 1953, provided that: "This Act [enacting
    subchapters I and II of this chapter] may be cited as the
    'Submerged Lands Act'."
      Section 1 of act Aug. 7, 1953, ch. 345, 67 Stat. 462, provided
    that: "This Act [enacting subchapter III of this chapter] may be
    cited as the 'Outer Continental Shelf Lands Act'."

                               SEPARABILITY                           
      Section 11 of act May 22, 1953, provided that: "If any provision
    of this Act [enacting subchapters I and II of this chapter], or any
    section, subsection, sentence, clause, phrase or individual word,
    or the application thereof to any person or circumstance is held
    invalid, the validity of the remainder of the Act and of the
    application of any such provision, section, subsection, sentence,
    clause, phrase or individual word to other persons and
    circumstances shall not be affected thereby; without limiting the
    generality of the foregoing, if subsection 3(a)1, 3(a)2, 3(b)1,
    3(b)2, 3(b)3, or 3(c) [section 1311(a)(1), (a)(2), (b)(1), (b)(2),
    (b)(3), (c) of this title] or any provision of any of those
    subsections is held invalid, such subsection or provision shall be
    held separable and the remaining subsections and provisions shall
    not be affected thereby."

-TRANS-
                          NAVAL PETROLEUM RESERVE                      
      Section 10 of act May 22, 1953, revoked Ex. Ord. No. 10426, Jan.
    16, 1953, 18 F.R. 405, "insofar as it applies to any lands beneath
    navigable waters as defined in section 2 hereof [this section]".
    Ex. Ord. 10426 set aside certain submerged lands as a naval
    petroleum reserve and transferred functions with respect thereto
    from the Secretary of the Interior to the Secretary of the Navy.

-MISC2-
                      APPLICATION TO STATE OF ALASKA                  
      Admission of Alaska into the Union was accomplished Jan. 3, 1959,
    on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
    c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, set out as notes preceding section 21 of Title
    48, Territories and Insular Possessions.
      Applicability of subchapters I and II of this chapter to the
    State of Alaska, see section 6(m) of Pub. L. 85-508, set out as a
    note preceding section 21 of Title 48.

                      APPLICATION TO STATE OF HAWAII                  
      Applicability of this chapter to the State of Hawaii, see section
    5(i) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 6, set out as a note
    preceding section 491 of Title 48, Territories and Insular
    Possessions.

-End-

-CITE-
    43 USC Sec. 1302                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1302. Resources seaward of Continental Shelf

-STATUTE-
      Nothing in this subchapter or subchapter II of this chapter shall
    be deemed to affect in any wise the rights of the United States to
    the natural resources of that portion of the subsoil and seabed of
    the Continental Shelf lying seaward and outside of the area of
    lands beneath navigable waters, as defined in section 1301 of this
    title, all of which natural resources appertain to the United
    States, and the jurisdiction and control of which by the United
    States is confirmed.

-SOURCE-
    (May 22, 1953, ch. 65, title II, Sec. 9, 67 Stat. 32.)

-End-

-CITE-
    43 USC Sec. 1303                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1303. Amendment, modification, or repeal of other laws

-STATUTE-
      Nothing in this subchapter or subchapter II of this chapter shall
    be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14
    Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat.
    377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat.
    887), and Acts amendatory thereof or supplementary thereto.

-SOURCE-
    (May 22, 1953, ch. 65, title II, Sec. 7, 67 Stat. 32.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act July 26, 1866 (14 Stat. 251), referred to in text, is act
    July 26, 1866, ch. 262, 14 Stat. 251, which is not classified to
    the Code.
      Act July 9, 1870 (16 Stat. 217), referred to in text, is act July
    9, 1870, ch. 235, 16 Stat. 217, which is not classified to the
    Code.
      Act March 3, 1877 (19 Stat. 377), referred to in text, is act
    Mar. 3, 1877, ch. 107, 19 Stat. 377, as amended, popularly known as
    the Desert Lands Act, which is classified generally to sections 321
    to 323, 325, and 327 to 329 of this title. For complete
    classification of this Act to the Code, see Tables.
      Act June 17, 1902 (32 Stat. 388), referred to in text, is
    popularly known as the Reclamation Act, which is classified
    generally to chapter 12 (Sec. 371) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 371 of this title and Tables.
      Act December 22, 1944 (58 Stat. 887), referred to in text, is act
    Dec. 22, 1944, ch. 665, 58 Stat. 887, as amended, which enacted
    section 390 of this title, sections 460d and 825s of Title 16,
    Conservation, and sections 701-1, 701a-1, 708, and 709 of Title 33,
    Navigation and Navigable Waters, amended section 701b-1 of Title
    33, and enacted provisions set out as notes under section 701f of
    Title 33. For complete classification of this Act to the Code, see
    Tables.

-End-

-CITE-
    43 USC SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS
           WITHIN STATE BOUNDARIES                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                     BOUNDARIES                

-HEAD-
        SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                                BOUNDARIES

-End-

-CITE-
    43 USC Sec. 1311                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                     BOUNDARIES                

-HEAD-
    Sec. 1311. Rights of States

-STATUTE-
    (a) Confirmation and establishment of title and ownership of lands
      and resources; management, administration, leasing, development,
      and use
      It is determined and declared to be in the public interest that
    (1) title to and ownership of the lands beneath navigable waters
    within the boundaries of the respective States, and the natural
    resources within such lands and waters, and (2) the right and power
    to manage, administer, lease, develop, and use the said lands and
    natural resources all in accordance with applicable State law be,
    and they are, subject to the provisions hereof, recognized,
    confirmed, established, and vested in and assigned to the
    respective States or the persons who were on June 5, 1950, entitled
    thereto under the law of the respective States in which the land is
    located, and the respective grantees, lessees, or successors in
    interest thereof;
    (b) Release and relinquishment of title and claims of United
      States; payment to States of moneys paid under leases
      (1) The United States releases and relinquishes unto said States
    and persons aforesaid, except as otherwise reserved herein, all
    right, title, and interest of the United States, if any it has, in
    and to all said lands, improvements, and natural resources; (2) the
    United States releases and relinquishes all claims of the United
    States, if any it has, for money or damages arising out of any
    operations of said States or persons pursuant to State authority
    upon or within said lands and navigable waters; and (3) the
    Secretary of the Interior or the Secretary of the Navy or the
    Treasurer of the United States shall pay to the respective States
    or their grantees issuing leases covering such lands or natural
    resources all moneys paid thereunder to the Secretary of the
    Interior or to the Secretary of the Navy or to the Treasurer of the
    United States and subject to the control of any of them or to the
    control of the United States on May 22, 1953, except that portion
    of such moneys which (1) is required to be returned to a lessee; or
    (2) is deductible as provided by stipulation or agreement between
    the United States and any of said States;
    (c) Leases in effect on June 5, 1950
      The rights, powers, and titles hereby recognized, confirmed,
    established, and vested in and assigned to the respective States
    and their grantees are subject to each lease executed by a State,
    or its grantee, which was in force and effect on June 5, 1950, in
    accordance with its terms and provisions and the laws of the State
    issuing, or whose grantee issued, such lease, and such rights,
    powers, and titles are further subject to the rights herein now
    granted to any person holding any such lease to continue to
    maintain the lease, and to conduct operations thereunder, in
    accordance with its provisions, for the full term thereof, and any
    extensions, renewals, or replacements authorized therein, or
    heretofore authorized by the laws of the State issuing, or whose
    grantee issued such lease: Provided, however, That, if oil or gas
    was not being produced from such lease on and before December 11,
    1950, or if the primary term of such lease has expired since
    December 11, 1950, then for a term from May 22, 1953 equal to the
    term remaining unexpired on December 11, 1950, under the provisions
    of such lease or any extensions, renewals, or replacements
    authorized therein, or heretofore authorized by the laws of the
    State issuing, or whose grantee issued, such lease: Provided,
    however, That within ninety days from May 22, 1953 (i) the lessee
    shall pay to the State or its grantee issuing such lease all rents,
    royalties, and other sums payable between June 5, 1950, and May 22,
    1953, under such lease and the laws of the State issuing or whose
    grantee issued such lease, except such rents, royalties, and other
    sums as have been paid to the State, its grantee, the Secretary of
    the Interior or the Secretary of the Navy or the Treasurer of the
    United States and not refunded to the lessee; and (ii) the lessee
    shall file with the Secretary of the Interior or the Secretary of
    the Navy and with the State issuing or whose grantee issued such
    lease, instruments consenting to the payment by the Secretary of
    the Interior or the Secretary of the Navy or the Treasurer of the
    United States to the State or its grantee issuing the lease, of all
    rents, royalties, and other payments under the control of the
    Secretary of the Interior or the Secretary of the Navy or the
    Treasurer of the United States or the United States which have been
    paid, under the lease, except such rentals, royalties, and other
    payments as have also been paid by the lessee to the State or its
    grantee;
    (d) Authority and rights of United States respecting navigation,
      flood control and production of power
      Nothing in this subchapter or subchapter I of this chapter shall
    affect the use, development, improvement, or control by or under
    the constitutional authority of the United States of said lands and
    waters for the purposes of navigation or flood control or the
    production of power, or be construed as the release or
    relinquishment of any rights of the United States arising under the
    constitutional authority of Congress to regulate or improve
    navigation, or to provide for flood control, or the production of
    power;
    (e) Ground and surface waters west of 98th meridian
      Nothing in this subchapter or subchapter I of this chapter shall
    be construed as affecting or intended to affect or in any way
    interfere with or modify the laws of the States which lie wholly or
    in part westward of the ninety-eighth meridian, relating to the
    ownership and control of ground and surface waters; and the
    control, appropriation, use, and distribution of such waters shall
    continue to be in accordance with the laws of such States.

-SOURCE-
    (May 22, 1953, ch. 65, title II, Sec. 3, 67 Stat. 30.)

-MISC1-
                               SEPARABILITY                           
      Provisions of this section as separable, see section 11 of act
    May 22, 1953, set out as a note under section 1301 of this title.

-End-

-CITE-
    43 USC Sec. 1312                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                     BOUNDARIES                

-HEAD-
    Sec. 1312. Seaward boundaries of States

-STATUTE-
      The seaward boundary of each original coastal State is approved
    and confirmed as a line three geographical miles distant from its
    coast line or, in the case of the Great Lakes, to the international
    boundary. Any State admitted subsequent to the formation of the
    Union which has not already done so may extend its seaward
    boundaries to a line three geographical miles distant from its
    coast line, or to the international boundaries of the United States
    in the Great Lakes or any other body of water traversed by such
    boundaries. Any claim heretofore or hereafter asserted either by
    constitutional provision, statute, or otherwise, indicating the
    intent of a State so to extend its boundaries is approved and
    confirmed, without prejudice to its claim, if any it has, that its
    boundaries extend beyond that line. Nothing in this section is to
    be construed as questioning or in any manner prejudicing the
    existence of any State's seaward boundary beyond three geographical
    miles if it was so provided by its constitution or laws prior to or
    at the time such State became a member of the Union, or if it has
    been heretofore approved by Congress.

-SOURCE-
    (May 22, 1953, ch. 65, title II, Sec. 4, 67 Stat. 31.)

-End-

-CITE-
    43 USC Sec. 1313                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                     BOUNDARIES                

-HEAD-
    Sec. 1313. Exceptions from operation of section 1311 of this title

-STATUTE-
      There is excepted from the operation of section 1311 of this
    title - 
        (a) all tracts or parcels of land together with all accretions
      thereto, resources therein, or improvements thereon, title to
      which has been lawfully and expressly acquired by the United
      States from any State or from any person in whom title had vested
      under the law of the State or of the United States, and all lands
      which the United States lawfully holds under the law of the
      State; all lands expressly retained by or ceded to the United
      States when the State entered the Union (otherwise than by a
      general retention or cession of lands underlying the marginal
      sea); all lands acquired by the United States by eminent domain
      proceedings, purchase, cession, gift, or otherwise in a
      proprietary capacity; all lands filled in, built up, or otherwise
      reclaimed by the United States for its own use; and any rights
      the United States has in lands presently and actually occupied by
      the United States under claim of right;
        (b) such lands beneath navigable waters held, or any interest
      in which is held by the United States for the benefit of any
      tribe, band, or group of Indians or for individual Indians; and
        (c) all structures and improvements constructed by the United
      States in the exercise of its navigational servitude.

-SOURCE-
    (May 22, 1953, ch. 65, title II, Sec. 5, 67 Stat. 32.)

-End-

-CITE-
    43 USC Sec. 1314                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                     BOUNDARIES                

-HEAD-
    Sec. 1314. Rights and powers retained by United States; purchase of
      natural resources; condemnation of lands

-STATUTE-
      (a) The United States retains all its navigational servitude and
    rights in and powers of regulation and control of said lands and
    navigable waters for the constitutional purposes of commerce,
    navigation, national defense, and international affairs, all of
    which shall be paramount to, but shall not be deemed to include,
    proprietary rights of ownership, or the rights of management,
    administration, leasing, use, and development of the lands and
    natural resources which are specifically recognized, confirmed,
    established, and vested in and assigned to the respective States
    and others by section 1311 of this title.
      (b) In time of war or when necessary for national defense, and
    the Congress or the President shall so prescribe, the United States
    shall have the right of first refusal to purchase at the prevailing
    market price, all or any portion of the said natural resources, or
    to acquire and use any portion of said lands by proceeding in
    accordance with due process of law and paying just compensation
    therefor.

-SOURCE-
    (May 22, 1953, ch. 65, title II, Sec. 6, 67 Stat. 32.)

-End-

-CITE-
    43 USC Sec. 1315                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER II - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE
                     BOUNDARIES                

-HEAD-
    Sec. 1315. Rights acquired under laws of United States unaffected

-STATUTE-
      Nothing contained in this subchapter or subchapter I of this
    chapter shall affect such rights, if any, as may have been acquired
    under any law of the United States by any person in lands subject
    to this subchapter or subchapter I of this chapter and such rights,
    if any, shall be governed by the law in effect at the time they may
    have been acquired: Provided, however, That nothing contained in
    this subchapter or subchapter I of this chapter is intended or
    shall be construed as a finding, interpretation, or construction by
    the Congress that the law under which such rights may be claimed in
    fact or in law applies to the lands subject to this subchapter or
    subchapter I of this chapter, or authorizes or compels the granting
    of such rights in such lands, and that the determination of the
    applicability or effect of such law shall be unaffected by anything
    contained in this subchapter or subchapter I of this chapter.

-SOURCE-
    (May 22, 1953, ch. 65, title II, Sec. 8, 67 Stat. 32.)

-End-

-CITE-
    43 USC SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
              SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS          

-End-

-CITE-
    43 USC Sec. 1331                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1331. Definitions

-STATUTE-
      When used in this subchapter - 
      (a) The term "outer Continental Shelf" means all submerged lands
    lying seaward and outside of the area of lands beneath navigable
    waters as defined in section 1301 of this title, and of which the
    subsoil and seabed appertain to the United States and are subject
    to its jurisdiction and control;
      (b) The term "Secretary" means the Secretary of the Interior,
    except that with respect to functions under this subchapter
    transferred to, or vested in, the Secretary of Energy or the
    Federal Energy Regulatory Commission by or pursuant to the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.), the
    term "Secretary" means the Secretary of Energy, or the Federal
    Energy Regulatory Commission, as the case may be;
      (c) The term "lease" means any form of authorization which is
    issued under section 1337 of this title or maintained under section
    1335 of this title and which authorizes exploration for, and
    development and production of, minerals;
      (d) The term "person" includes, in addition to a natural person,
    an association, a State, a political subdivision of a State, or a
    private, public, or municipal corporation;
      (e) The term "coastal zone" means the coastal waters (including
    the lands therein and thereunder) and the adjacent shorelands
    (including the waters therein and thereunder), strongly influenced
    by each other and in proximity to the shorelines of the several
    coastal States, and includes islands, transition and intertidal
    areas, salt marshes, wetlands, and beaches, which zone extends
    seaward to the outer limit of the United States territorial sea and
    extends inland from the shorelines to the extent necessary to
    control shorelands, the uses of which have a direct and significant
    impact on the coastal waters, and the inward boundaries of which
    may be identified by the several coastal States, pursuant to the
    authority of section 1454(b)(1) (!1) of title 16;

      (f) The term "affected State" means, with respect to any program,
    plan, lease sale, or other activity, proposed, conducted, or
    approved pursuant to the provisions of this subchapter, any State -
    
        (1) the laws of which are declared, pursuant to section
      1333(a)(2) of this title, to be the law of the United States for
      the portion of the outer Continental Shelf on which such activity
      is, or is proposed to be, conducted;
        (2) which is, or is proposed to be, directly connected by
      transportation facilities to any artificial island or structure
      referred to in section 1333(a)(1) of this title;
        (3) which is receiving, or in accordnace (!2) with the proposed
      activity will receive, oil for processing, refining, or
      transshipment which was extracted from the outer Continental
      Shelf and transported directly to such State by means of vessels
      or by a combination of means including vessels;

        (4) which is designated by the Secretary as a State in which
      there is a substantial probability of significant impact on or
      damage to the coastal, marine, or human environment, or a State
      in which there will be significant changes in the social,
      governmental, or economic infrastructure, resulting from the
      exploration, development, and production of oil and gas anywhere
      on the outer Continental Shelf; or
        (5) in which the Secretary finds that because of such activity
      there is, or will be, a significant risk of serious damage, due
      to factors such as prevailing winds and currents, to the marine
      or coastal environment in the event of any oilspill, blowout, or
      release of oil or gas from vessels, pipelines, or other
      transshipment facilities;

      (g) The term "marine environment" means the physical,
    atmospheric, and biological components, conditions, and factors
    which interactively determine the productivity, state, condition,
    and quality of the marine ecosystem, including the waters of the
    high seas, the contiguous zone, transitional and intertidal areas,
    salt marshes, and wetlands within the coastal zone and on the outer
    Continental Shelf;
      (h) The term "coastal environment" means the physical
    atmospheric, and biological components, conditions, and factors
    which interactively determine the productivity, state, condition,
    and quality of the terrestrial ecosystem from the shoreline inward
    to the boundaries of the coastal zone;
      (i) The term "human environment" means the physical, social, and
    economic components, conditions, and factors which interactively
    determine the state, condition, and quality of living conditions,
    employment, and health of those affected, directly or indirectly,
    by activities occurring on the outer Continental Shelf;
      (j) The term "Governor" means the Governor of a State, or the
    person or entity designated by, or pursuant to, State law to
    exercise the powers granted to such Governor pursuant to this
    subchapter;
      (k) The term "exploration" means the process of searching for
    minerals, including (1) geophysical surveys where magnetic,
    gravity, seismic, or other systems are used to detect or imply the
    presence of such minerals, and (2) any drilling, whether on or off
    known geological structures, including the drilling of a well in
    which a discovery of oil or natural gas in paying quantities is
    made and the drilling of any additional delineation well after such
    discovery which is needed to delineate any reservoir and to enable
    the lessee to determine whether to proceed with development and
    production;
      (l) The term "development" means those activities which take
    place following discovery of minerals in paying quantities,
    including geophysical activity, drilling, platform construction,
    and operation of all onshore support facilities, and which are for
    the purpose of ultimately producing the minerals discovered;
      (m) The term "production" means those activities which take place
    after the successful completion of any means for the removal of
    minerals, including such removal, field operations, transfer of
    minerals to shore, operation monitoring, maintenance, and work-over
    drilling;
      (n) The term "antitrust law" means - 
        (1) the Sherman Act (15 U.S.C. 1 et seq.);
        (2) the Clayton Act (15 U.S.C. 12 et seq.);
        (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
        (4) the Wilson Tariff Act (15 U.S.C. 8 et seq.); or
        (5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,
      13b, and 21a);

      (o) The term "fair market value" means the value of any mineral
    (1) computed at a unit price equivalent to the average unit price
    at which such mineral was sold pursuant to a lease during the
    period for which any royalty or net profit share is accrued or
    reserved to the United States pursuant to such lease, or (2) if
    there were no such sales, or if the Secretary finds that there were
    an insufficient number of such sales to equitably determine such
    value, computed at the average unit price at which such mineral was
    sold pursuant to other leases in the same region of the outer
    Continental Shelf during such period, or (3) if there were no sales
    of such mineral from such region during such period, or if the
    Secretary finds that there are an insufficient number of such sales
    to equitably determine such value, at an appropriate price
    determined by the Secretary;
      (p) The term "major Federal action" means any action or proposal
    by the Secretary which is subject to the provisions of section
    4332(2)(C) of title 42; and
      (q) The term "minerals" includes oil, gas, sulphur, geopressured-
    geothermal and associated resources, and all other minerals which
    are authorized by an Act of Congress to be produced from "public
    lands" as defined in section 1702 of this title.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 2, 67 Stat. 462; Pub. L. 95-372, title
    II, Sec. 201, Sept. 18, 1978, 92 Stat. 632.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Department of Energy Organization Act, referred to in subsec.
    (b), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,
    which is classified principally to chapter 84 (Sec. 7101 et seq.)
    of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7101 of Title 42 and Tables.
      Section 1454(b) of title 16, referred to in subsec. (e), was
    amended generally by Pub. L. 101-508, title VI, Sec. 6205, Nov. 5,
    1990, 104 Stat. 1388-302, and, as so amended, does not contain a
    par. (1).
      The Sherman Act, referred to in subsec. (n)(1), is act July 2,
    1890, ch. 647, 26 Stat. 209, as amended, which enacted sections 1
    to 7 of Title 15, Commerce and Trade. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1 of Title 15 and Tables.
      The Clayton Act, referred to in subsec. (n)(2), is act Oct. 15,
    1914, ch. 323, 38 Stat. 730, as amended, which is classified
    generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title
    15, and sections 52 and 53 of Title 29, Labor. For further details
    and complete classification of this Act to the Code, see References
    in Text note set out under section 12 of Title 15 and Tables.
      The Federal Trade Commission Act, referred to in subsec. (n)(3),
    is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of Title 15. For complete classification of this Act to the Code,
    see section 58 of Title 15 and Tables.
      The Wilson Tariff Act, referred to in subsec. (n)(4), is act Aug.
    27, 1894, ch. 349, Secs. 73 to 77, 28 Stat. 570, as amended.
    Sections 73 to 76 enacted sections 8 to 11 of Title 15. Section 77
    is not classified to the Code. For complete classification of this
    Act to the Code, see Short Title note set out under section 8 of
    Title 15 and Tables.
      Act of June 19, 1936, referred to in subsec. (n)(5), is act June
    19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-
    Patman Act, the Robinson-Patman Antidiscrimination Act, and the
    Robinson-Patman Price Discrimination Act, which enacted sections
    13a, 13b, and 21a of Title 15, Commerce and Trade, and amended
    section 13 of Title 15. For complete classification of this Act to
    the Code, see Short Title note set out under section 13 of Title 15
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (b). Pub. L. 95-372, Sec. 201(a), inserted
    provision that, with respect to functions under this subchapter
    transferred to, or vested in, the Secretary of Energy or the
    Federal Energy Regulatory Commission by or pursuant to the
    Department of Energy Organization Act, "Secretary" means the
    Secretary of Energy or the Federal Energy Regulatory Commission, as
    the case may be.
      Subsec. (c). Pub. L. 95-372, Sec. 201(a), substituted "lease" for
    "mineral lease" as term defined and in definition of that term
    substituted "any form of authorization which is issued under
    section 1337 of this title or maintained under section 1335 of this
    title and which authorizes exploration for, and development and
    production of, minerals;" for "any form of authorization for the
    exploration for, or development or removal of deposits of, oil,
    gas, or other minerals; and".
      Subsec. (d). Pub. L. 95-372, Sec. 201(b)(1), substituted
    semicolon for period at end.
      Subsecs. (e) to (q). Pub. L. 95-372, Sec. 201(b)(2), added
    subsecs. (e) to (q).

                       SHORT TITLE OF 1978 AMENDMENT                   
      For short title of Pub. L. 95-372 as the "Outer Continental Shelf
    Lands Act Amendments of 1978", see section 1 of Pub. L. 95-372, set
    out as a Short Title note under section 1801 of this title.

                                SHORT TITLE                            
      For short title of act Aug. 7, 1953, which enacted this
    subchapter, as the "Outer Continental Shelf Lands Act", see section
    1 of act Aug. 7, 1953, set out as a note under section 1301 of this
    chapter.

                               SEPARABILITY                           
      Section 17 of act Aug. 7, 1953, provided that: "If any provision
    of this Act [enacting this subchapter], or any section, subsection,
    sentence, clause, phrase or individual word, or the application
    thereof to any person or circumstance is held invalid, the validity
    of the remainder of the Act and of the application of any such
    provision, section, subsection, sentence, clause, phrase or
    individual word to other persons and circumstances shall not be
    affected thereby."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this subchapter which relate to fostering of competition for
    Federal leases, implementation of alternative bidding systems
    authorized for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

                          NAVAL PETROLEUM RESERVE                      
      Section 13 of act Aug. 7, 1953, revoked Ex. Ord. No. 10426, Jan.
    16, 1953, 18 F.R. 405, which had set aside certain submerged lands
    as a naval petroleum reserve and had transferred functions with
    respect thereto from the Secretary of the Interior to the Secretary
    of the Navy.

-MISC2-
                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 16 of act Aug. 7, 1953, provided that: "There is hereby
    authorized to be appropriated such sums as may be necessary to
    carry out the provisions of this Act [enacting this subchapter]."

-EXEC-
             PROC. NO. 5928. TERRITORIAL SEA OF UNITED STATES         
      Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, provided:
      International law recognizes that coastal nations may exercise
    sovereignty and jurisdiction over their territorial seas.
      The territorial sea of the United States is a maritime zone
    extending beyond the land territory and internal waters of the
    United States over which the United States exercises sovereignty
    and jurisdiction, a sovereignty and jurisdiction that extend to the
    airspace over the territorial sea, as well as to its bed and
    subsoil.
      Extension of the territorial sea by the United States to the
    limits permitted by international law will advance the national
    security and other significant interests of the United States.
      NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me
    as President by the Constitution of the United States of America,
    and in accordance with international law, do hereby proclaim the
    extension of the territorial sea of the United States of America,
    the Commonwealth of Puerto Rico, Guam, American Samoa, the United
    States Virgin Islands, the Commonwealth of the Northern Mariana
    Islands, and any other territory or possession over which the
    United States exercises sovereignty.
      The territorial sea of the United States henceforth extends to 12
    nautical miles from the baselines of the United States determined
    in accordance with international law.
      In accordance with international law, as reflected in the
    applicable provisions of the 1982 United Nations Convention on the
    Law of the Sea, within the territorial sea of the United States,
    the ships of all countries enjoy the right of innocent passage and
    the ships and aircraft of all countries enjoy the right of transit
    passage through international straits.
      Nothing in this Proclamation:
      (a) extends or otherwise alters existing Federal or State law or
    any jurisdiction, rights, legal interests, or obligations derived
    therefrom; or
      (b) impairs the determination, in accordance with international
    law, of any maritime boundary of the United States with a foreign
    jurisdiction.
      IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of
    December, in the year of our Lord nineteen hundred and eighty-
    eight, and of the Independence of the United States of America the
    two hundred and thirteenth.
                                                          Ronald Reagan.

           PROC. NO. 7219. CONTIGUOUS ZONE OF THE UNITED STATES       
      Proc. No. 7219, Sept. 2, 1999, 64 F.R. 48701, 49844, provided:
      International law recognizes that coastal nations may establish
    zones contiguous to their territorial seas, known as contiguous
    zones.
      The contiguous zone of the United States is a zone contiguous to
    the territorial sea of the United States, in which the United
    States may exercise the control necessary to prevent infringement
    of its customs, fiscal, immigration, or sanitary laws and
    regulations within its territory or territorial sea, and to punish
    infringement of the above laws and regulations committed within its
    territory or territorial sea.
      Extension of the contiguous zone of the United States to the
    limits permitted by international law will advance the law
    enforcement and public health interests of the United States.
    Moreover, this extension is an important step in preventing the
    removal of cultural heritage found within 24 nautical miles of the
    baseline.
      NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in
    me as President by the Constitution of the United States, and in
    accordance with international law, do hereby proclaim the extension
    of the contiguous zone of the United States of America, including
    the Commonwealth of Puerto Rico, Guam, American Samoa, the United
    States Virgin Islands, the Commonwealth of the Northern Mariana
    Islands, and any other territory or possession over which the
    United States exercises sovereignty, as follows:
      The contiguous zone of the United States extends to 24 nautical
    miles from the baselines of the United States determined in
    accordance with international law, but in no case within the
    territorial sea of another nation.
      In accordance with international law, reflected in the applicable
    provisions of the 1982 Convention on the Law of the Sea, within the
    contiguous zone of the United States the ships and aircraft of all
    countries enjoy the high seas freedoms of navigation and overflight
    and the laying of submarine cables and pipelines, and other
    internationally lawful uses of the sea related to those freedoms,
    such as those associated with the operation of ships, aircraft, and
    submarine cables and pipelines, and compatible with the other
    provisions of international law reflected in the 1982 Convention on
    the Law of the Sea.
      Nothing in this proclamation:
        (a) amends existing Federal or State law;
        (b) amends or otherwise alters the rights and duties of the
      United States or other nations in the Exclusive Economic Zone of
      the United States established by Proclamation 5030 of March 10,
      1983 [16 U.S.C. 1453 note]; or
        (c) impairs the determination, in accordance with international
      law, of any maritime boundary of the United States with a foreign
      jurisdiction.
      IN WITNESS WHEREOF, I have hereunto set my hand this second day
    of September, in the year of our Lord nineteen hundred and ninety-
    nine, and of the Independence of the United States of America the
    two hundred and twenty-fourth.
                                                     William J. Clinton.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "accordance".

-End-

-CITE-
    43 USC Sec. 1332                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1332. Congressional declaration of policy

-STATUTE-
      It is hereby declared to be the policy of the United States that -
     
        (1) the subsoil and seabed of the outer Continental Shelf
      appertain to the United States and are subject to its
      jurisdiction, control, and power of disposition as provided in
      this subchapter;
        (2) this subchapter shall be construed in such a manner that
      the character of the waters above the outer Continental Shelf as
      high seas and the right to navigation and fishing therein shall
      not be affected;
        (3) the outer Continental Shelf is a vital national resource
      reserve held by the Federal Government for the public, which
      should be made available for expeditious and orderly development,
      subject to environmental safeguards, in a manner which is
      consistent with the maintenance of competition and other national
      needs;
        (4) since exploration, development, and production of the
      minerals of the outer Continental Shelf will have significant
      impacts on coastal and non-coastal areas of the coastal States,
      and on other affected States, and, in recognition of the national
      interest in the effective management of the marine, coastal, and
      human environments - 
          (A) such States and their affected local governments may
        require assistance in protecting their coastal zones and other
        affected areas from any temporary or permanent adverse effects
        of such impacts;
          (B) the distribution of a portion of the receipts from the
        leasing of mineral resources of the outer Continental Shelf
        adjacent to State lands, as provided under section 1337(g) of
        this title, will provide affected coastal States and localities
        with funds which may be used for the mitigation of adverse
        economic and environmental effects related to the development
        of such resources; and
          (C) such States, and through such States, affected local
        governments, are entitled to an opportunity to participate, to
        the extent consistent with the national interest, in the policy
        and planning decisions made by the Federal Government relating
        to exploration for, and development and production of, minerals
        of the outer Continental Shelf.(!1)

        (5) the rights and responsibilities of all States and, where
      appropriate, local governments, to preserve and protect their
      marine, human, and coastal environments through such means as
      regulation of land, air, and water uses, of safety, and of
      related development and activity should be considered and
      recognized; and
        (6) operations in the outer Continental Shelf should be
      conducted in a safe manner by well-trained personnel using
      technology, precautions, and techniques sufficient to prevent or
      minimize the likelihood of blowouts, loss of well control, fires,
      spillages, physical obstruction to other users of the waters or
      subsoil and seabed, or other occurrences which may cause damage
      to the environment or to property, or endanger life or health.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 3, 67 Stat. 462; Pub. L. 95-372, title
    II, Sec. 202, Sept. 18, 1978, 92 Stat. 634; Pub. L. 99-272, title
    VIII, Sec. 8002, Apr. 7, 1986, 100 Stat. 148.)

-MISC1-
                                AMENDMENTS                            
      1986 - Par. (4)(B), (C). Pub. L. 99-272 added subpar. (B) and
    redesignated former subpar. (B) as (C).
      1978 - Pub. L. 95-372 redesignated subsecs. (a) and (b) as pars.
    (1) and (2) and added pars. (3) to (6).

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

-End-

-CITE-
    43 USC Sec. 1333                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1333. Laws and regulations governing lands

-STATUTE-
    (a) Constitution and United States laws; laws of adjacent States;
      publication of projected State lines; international boundary
      disputes; restriction on State taxation and jurisdiction
      (1) The Constitution and laws and civil and political
    jurisdiction of the United States are extended to the subsoil and
    seabed of the outer Continental Shelf and to all artificial
    islands, and all installations and other devices permanently or
    temporarily attached to the seabed, which may be erected thereon
    for the purpose of exploring for, developing, or producing
    resources therefrom, or any such installation or other device
    (other than a ship or vessel) for the purpose of transporting such
    resources, to the same extent as if the outer Continental Shelf
    were an area of exclusive Federal jurisdiction located within a
    State: Provided, however, That mineral leases on the outer
    Continental Shelf shall be maintained or issued only under the
    provisions of this subchapter.
      (2)(A) To the extent that they are applicable and not
    inconsistent with this subchapter or with other Federal laws and
    regulations of the Secretary now in effect or hereafter adopted,
    the civil and criminal laws of each adjacent State, now in effect
    or hereafter adopted, amended, or repealed are declared to be the
    law of the United States for that portion of the subsoil and seabed
    of the outer Continental Shelf, and artificial islands and fixed
    structures erected thereon, which would be within the area of the
    State if its boundaries were extended seaward to the outer margin
    of the outer Continental Shelf, and the President shall determine
    and publish in the Federal Register such projected lines extending
    seaward and defining each such area. All of such applicable laws
    shall be administered and enforced by the appropriate officers and
    courts of the United States. State taxation laws shall not apply to
    the outer Continental Shelf.
      (B) Within one year after September 18, 1978, the President shall
    establish procedures for setting (!1) any outstanding international
    boundary dispute respecting the outer Continental Shelf.

      (3) The provisions of this section for adoption of State law as
    the law of the United States shall never be interpreted as a basis
    for claiming any interest in or jurisdiction on behalf of any State
    for any purpose over the seabed and subsoil of the outer
    Continental Shelf, or the property and natural resources thereof or
    the revenues therefrom.
    (b) Longshore and Harbor Workers' Compensation Act applicable;
      definitions
      With respect to disability or death of an employee resulting from
    any injury occurring as the result of operations conducted on the
    outer Continental Shelf for the purpose of exploring for,
    developing, removing, or transporting by pipeline the natural
    resources, or involving rights to the natural resources, of the
    subsoil and seabed of the outer Continental Shelf, compensation
    shall be payable under the provisions of the Longshore and Harbor
    Workers' Compensation Act [33 U.S.C. 901 et seq.]. For the purposes
    of the extension of the provisions of the Longshore and Harbor
    Workers' Compensation Act under this section - 
        (1) the term "employee" does not include a master or member of
      a crew of any vessel, or an officer or employee of the United
      States or any agency thereof or of any State or foreign
      government, or of any political subdivision thereof;
        (2) the term "employer" means an employer any of whose
      employees are employed in such operations; and
        (3) the term "United States" when used in a geographical sense
      includes the outer Continental Shelf and artificial islands and
      fixed structures thereon.
    (c) National Labor Relations Act applicable
      For the purposes of the National Labor Relations Act, as amended
    [29 U.S.C. 151 et seq.], any unfair labor practice, as defined in
    such Act, occurring upon any artificial island, installation, or
    other device referred to in subsection (a) of this section shall be
    deemed to have occurred within the judicial district of the State,
    the laws of which apply to such artificial island, installation, or
    other device pursuant to such subsection, except that until the
    President determines the areas within which such State laws are
    applicable, the judicial district shall be that of the State
    nearest the place of location of such artificial island,
    installation, or other device.
    (d) Coast Guard regulations; marking of artificial islands,
      installations, and other devices; failure of owner suitably to
      mark according to regulations
      (1) The Secretary of the Department in which the Coast Guard is
    operating shall have authority to promulgate and enforce such
    reasonable regulations with respect to lights and other warning
    devices, safety equipment, and other matters relating to the
    promotion of safety of life and property on the artificial islands,
    installations, and other devices referred to in subsection (a) of
    this section or on the waters adjacent thereto, as he may deem
    necessary.
      (2) The Secretary of the Department in which the Coast Guard is
    operating may mark for the protection of navigation any artificial
    island, installation, or other device referred to in subsection (a)
    of this section whenever the owner has failed suitably to mark such
    island, installation, or other device in accordance with
    regulations issued under this subchapter, and the owner shall pay
    the cost of such marking.
    (e) Authority of Secretary of the Army to prevent obstruction to
      navigation
      The authority of the Secretary of the Army to prevent obstruction
    to navigation in the navigable waters of the United States is
    extended to the artificial islands, installations, and other
    devices referred to in subsection (a) of this section.
    (f) Provisions as nonexclusive
      The specific application by this section of certain provisions of
    law to the subsoil and seabed of the outer Continental Shelf and
    the artificial islands, installations, and other devices referred
    to in subsection (a) of this section or to acts or offenses
    occurring or committed thereon shall not give rise to any inference
    that the application to such islands and structures, acts, or
    offenses of any other provision of law is not intended.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 4, 67 Stat. 462; Pub. L. 93-627, Sec.
    19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L. 95-372, title II, Sec.
    203, Sept. 18, 1978, 92 Stat. 635; Pub. L. 98-426, Sec. 27(d)(2),
    Sept. 28, 1984, 98 Stat. 1654.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Longshore and Harbor Workers' Compensation Act, referred to
    in subsec. (b), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as
    amended, which is classified generally to chapter 18 (Sec. 901 et
    seq.) of Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see section 901 of Title 33
    and Tables.
      The National Labor Relations Act, as amended, referred to in
    subsec. (c), is act July 5, 1935, ch. 372, 49 Stat. 449, as
    amended, which is classified generally to subchapter II (Sec. 151
    et seq.) of chapter 7 of Title 29, Labor. For complete
    classification of this Act to the Code, see section 167 of Title 29
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-426 substituted "Longshore and
    Harbor Workers' Compensation Act" for "Longshoremen's and Harbor
    Workers' Compensation Act".
      1978 - Subsec. (a)(1). Pub. L. 95-372, Sec. 203(a), substituted
    ", and all installations and other devices permanently or
    temporarily attached to the seabed, which may be erected thereon
    for the purpose of exploring for, developing, or producing
    resources therefrom, or any such installation or other device
    (other than a ship or vessel) for the purpose of transporting such
    resources," for "and fixed structures which may be erected thereon
    for the purpose of exploring for, developing, removing, and
    transporting resources therefrom,".
      Subsec. (a)(2). Pub. L. 95-372, Sec. 203(b), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (b). Pub. L. 95-372, Sec. 203(c), (h), redesignated
    subsec. (c) as (b) and substituted "conducted on the outer
    Continental Shelf for the purpose of exploring for, developing,
    removing, or transporting by pipeline the natural resources, or
    involving rights to the natural resources, of the subsoil and
    seabed of the outer Continental Shelf," for "described in
    subsection (b) of this section,". Former subsec. (b), relating to
    the jurisdiction of United States district courts over cases and
    controversies arising out of or in connection with operations
    conducted on the outer Continental Shelf, was struck out. See
    section 1349(b) of this title.
      Subsec. (c). Pub. L. 95-372, Sec. 203(d), (h), redesignated
    subsec. (d) as (c) and substituted "artificial island,
    installation, or other device referred to in subsection (a) of this
    section shall be deemed to have occurred within the judicial
    district of the State, the laws of which apply to such artificial
    island, installation, or other device pursuant to such subsection,
    except that until the President determines the areas within such
    State laws are applicable, the judicial district shall be that of
    the State nearest the place of location of such artificial island,
    installation, or other device" for "artificial island or fixed
    structure referred to in subsection (a) of this section shall be
    deemed to have occurred within the judicial district of the
    adjacent State nearest the place of location of such island or
    structure". Former subsec. (c) redesignated (b).
      Subsec. (d)(1). Pub. L. 95-372, Sec. 203(e)(1), (f), (h),
    redesignated subsec. (e)(1) as (d)(1), substituted "Secretary" for
    "head" and "artificial islands, installations, and other devices"
    for "islands and structures". Former subsec. (d) redesignated (c).
      Subsec. (d)(2). Pub. L. 95-372, Sec. 203(g), (h), redesignated
    subsec. (e)(2) as (d)(2) and substituted "Secretary" for "head" and
    "artificial island, installation, or other device referred to in
    subsection (a) of this section whenever the owner has failed
    suitably to mark such island, installation, or other device in
    accordance with regulations issued under this subchapter, and the
    owner shall pay the cost of such marking" for "such island or
    structure whenever the owner has failed suitably to mark the same
    in accordance with regulations issued hereunder, and the owner
    shall pay the cost thereof", and struck out provisions which had
    made failure or refusal to obey any lawful rules and regulations a
    misdemeanor punishable by a fine of not more than $100, with each
    day during which such a violation would continue to be deemed a new
    offense. Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 95-372, Sec. 203(e)(2), (h), redesignated
    subsec. (f) as (e) and substituted "the artificial islands,
    installations, and other devices referred to in subsection (a) of
    this section" for "artificial islands and fixed structures located
    on the outer Continental Shelf". Former subsec. (e) redesignated
    (d).
      Subsecs. (f), (g). Pub. L. 95-372, Sec. 203(e)(3), (h),
    redesignated subsec. (g) as (f) and substituted "the artificial
    islands, installations, and other devices" for "the artificial
    islands and fixed structures". Former subsec. (f) redesignated (e).
      1975 - Subsec. (a)(2). Pub. L. 93-627 substituted "now in effect
    or hereafter adopted, amended, or repealed" for "as of the
    effective date of this Act" in first sentence.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-FOOTNOTE-
    (!1) So in original. Probably should be "settling".

-End-

-CITE-
    43 USC Sec. 1334                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1334. Administration of leasing

-STATUTE-
    (a) Rules and regulations; amendment; cooperation with State
      agencies; subject matter and scope of regulations
      The Secretary shall administer the provisions of this subchapter
    relating to the leasing of the outer Continental Shelf, and shall
    prescribe such rules and regulations as may be necessary to carry
    out such provisions. The Secretary may at any time prescribe and
    amend such rules and regulations as he determines to be necessary
    and proper in order to provide for the prevention of waste and
    conservation of the natural resources of the outer Continental
    Shelf, and the protection of correlative rights therein, and,
    notwithstanding any other provisions herein, such rules and
    regulations shall, as of their effective date, apply to all
    operations conducted under a lease issued or maintained under the
    provisions of this subchapter. In the enforcement of safety,
    environmental, and conservation laws and regulations, the Secretary
    shall cooperate with the relevant departments and agencies of the
    Federal Government and of the affected States. In the formulation
    and promulgation of regulations, the Secretary shall request and
    give due consideration to the views of the Attorney General with
    respect to matters which may affect competition. In considering any
    regulations and in preparing any such views, the Attorney General
    shall consult with the Federal Trade Commission. The regulations
    prescribed by the Secretary under this subsection shall include,
    but not be limited to, provisions - 
        (1) for the suspension or temporary prohibition of any
      operation or activity, including production, pursuant to any
      lease or permit (A) at the request of a lessee, in the national
      interest, to facilitate proper development of a lease or to allow
      for the construction or negotiation for use of transportation
      facilities, or (B) if there is a threat of serious, irreparable,
      or immediate harm or damage to life (including fish and other
      aquatic life), to property, to any mineral deposits (in areas
      leased or not leased), or to the marine, coastal, or human
      environment, and for the extension of any permit or lease
      affected by suspension or prohibition under clause (A) or (B) by
      a period equivalent to the period of such suspension or
      prohibition, except that no permit or lease shall be so extended
      when such suspension or prohibition is the result of gross
      negligence or willful violation of such lease or permit, or of
      regulations issued with respect to such lease or permit;
        (2) with respect to cancellation of any lease or permit - 
          (A) that such cancellation may occur at any time, if the
        Secretary determines, after a hearing, that - 
            (i) continued activity pursuant to such lease or permit
          would probably cause serious harm or damage to life
          (including fish and other aquatic life), to property, to any
          mineral (in areas leased or not leased), to the national
          security or defense, or to the marine, coastal, or human
          environment;
            (ii) the threat of harm or damage will not disappear or
          decrease to an acceptable extent within a reasonable period
          of time; and
            (iii) the advantages of cancellation outweigh the
          advantages of continuing such lease or permit force;

          (B) that such cancellation shall not occur unless and until
        operations under such lease or permit shall have been under
        suspension, or temporary prohibition, by the Secretary, with
        due extension of any lease or permit term continuously for a
        period of five years, or for a lesser period upon request of
        the lessee;
          (C) that such cancellation shall entitle the lessee to
        receive such compensation as he shows to the Secretary as being
        equal to the lesser of (i) the fair value of the canceled
        rights as of the date of cancellation, taking account of both
        anticipated revenues from the lease and anticipated costs,
        including costs of compliance with all applicable regulations
        and operating orders, liability for cleanup costs or damages,
        or both, in the case of an oilspill, and all other costs
        reasonably anticipated on the lease, or (ii) the excess, if
        any, over the lessee's revenues, from the lease (plus interest
        thereon from the date of receipt to date of reimbursement) of
        all consideration paid for the lease and all direct
        expenditures made by the lessee after the date of issuance of
        such lease and in connection with exploration or development,
        or both, pursuant to the lease (plus interest on such
        consideration and such expenditures from date of payment to
        date of reimbursement), except that (I) with respect to leases
        issued before September 18, 1978, such compensation shall be
        equal to the amount specified in clause (i) of this
        subparagraph; and (II) in the case of joint leases which are
        canceled due to the failure of one or more partners to exercise
        due diligence, the innocent parties shall have the right to
        seek damages for such loss from the responsible party or
        parties and the right to acquire the interests of the negligent
        party or parties and be issued the lease in question;

        (3) for the assignment or relinquishment of a lease;
        (4) for unitization, pooling, and drilling agreements;
        (5) for the subsurface storage of oil and gas from any source
      other than by the Federal Government;
        (6) for drilling or easements necessary for exploration,
      development, and production;
        (7) for the prompt and efficient exploration and development of
      a lease area; and
        (8) for compliance with the national ambient air quality
      standards pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.),
      to the extent that activities authorized under this subchapter
      significantly affect the air quality of any State.
    (b) Compliance with regulations as condition for issuance,
      continuation, assignment, or other transfer of leases
      The issuance and continuance in effect of any lease, or of any
    assignment or other transfer of any lease, under the provisions of
    this subchapter shall be conditioned upon compliance with
    regulations issued under this subchapter.
    (c) Cancellation of nonproducing lease
      Whenever the owner of a nonproducing lease fails to comply with
    any of the provisions of this subchapter, or of the lease, or of
    the regulations issued under this subchapter, such lease may be
    canceled by the Secretary, subject to the right of judicial review
    as provided in this subchapter, if such default continues for the
    period of thirty days after mailing of notice by registered letter
    to the lease owner at his record post office address.
    (d) Cancellation of producing lease
      Whenever the owner of any producing lease fails to comply with
    any of the provisions of this subchapter, of the lease, or of the
    regulations issued under this subchapter, such lease may be
    forfeited and canceled by an appropriate proceeding in any United
    States district court having jurisdiction under the provisions of
    this subchapter.
    (e) Pipeline rights-of-way; forfeiture of grant
      Rights-of-way through the submerged lands of the outer
    Continental Shelf, whether or not such lands are included in a
    lease maintained or issued pursuant to this subchapter, may be
    granted by the Secretary for pipeline purposes for the
    transportation of oil, natural gas, sulphur, or other minerals, or
    under such regulations and upon such conditions as may be
    prescribed by the Secretary, or where appropriate the Secretary of
    Transportation, including (as provided in section 1347(b) of this
    title) assuring maximum environmental protection by utilization of
    the best available and safest technologies, including the safest
    practices for pipeline burial and upon the express condition that
    oil or gas pipelines shall transport or purchase without
    discrimination, oil or natural gas produced from submerged lands or
    outer Continental Shelf lands in the vicinity of the pipelines in
    such proportionate amounts as the Federal Energy Regulatory
    Commission, in consultation with the Secretary of Energy, may,
    after a full hearing with due notice thereof to the interested
    parties, determine to be reasonable, taking into account, among
    other things, conservation and the prevention of waste. Failure to
    comply with the provisions of this section or the regulations and
    conditions prescribed under this section shall be grounds for
    forfeiture of the grant in an appropriate judicial proceeding
    instituted by the United States in any United States district court
    having jurisdiction under the provisions of this subchapter.
    (f) Competitive principles governing pipeline operation
      (1) Except as provided in paragraph (2), every permit, license,
    easement, right-of-way, or other grant of authority for the
    transportation by pipeline on or across the outer Continental Shelf
    of oil or gas shall require that the pipeline be operated in
    accordance with the following competitive principles:
        (A) The pipeline must provide open and nondiscriminatory access
      to both owner and nonowner shippers.
        (B) Upon the specific request of one or more owner or nonowner
      shippers able to provide a guaranteed level of throughput, and on
      the condition that the shipper or shippers requesting such
      expansion shall be responsible for bearing their proportionate
      share of the costs and risks related thereto, the Federal Energy
      Regulatory Commission may, upon finding, after a full hearing
      with due notice thereof to the interested parties, that such
      expansion is within technological limits and economic
      feasibility, order a subsequent expansion of throughput capacity
      of any pipeline for which the permit, license, easement, right-of-
      way, or other grant of authority is approved or issued after
      September 18, 1978. This subparapraph (!1) shall not apply to any
      such grant of authority approved or issued for the Gulf of Mexico
      or the Santa Barbara Channel.

      (2) The Federal Energy Regulatory Commission may, by order or
    regulation, exempt from any or all of the requirements of paragraph
    (1) of this subsection any pipeline or class of pipelines which
    feeds into a facility where oil and gas are first collected or a
    facility where oil and gas are first separated, dehydrated, or
    otherwise processed.
      (3) The Secretary of Energy and the Federal Energy Regulatory
    Commission shall consult with and give due consideration to the
    views of the Attorney General on specific conditions to be included
    in any permit, license, easement, right-of-way, or grant of
    authority in order to ensure that pipelines are operated in
    accordance with the competitive principles set forth in paragraph
    (1) of this subsection. In preparing any such views, the Attorney
    General shall consult with the Federal Trade Commission.
      (4) Nothing in this subsection shall be deemed to limit, abridge,
    or modify any authority of the United States under any other
    provision of law with respect to pipelines on or across the outer
    Continental Shelf.
    (g) Rates of production
      (1) The leasee (!2) shall produce any oil or gas, or both,
    obtained pursuant to an approved development and production plan,
    at rates consistent with any rule or order issued by the President
    in accordance with any provision of law.

      (2) If no rule or order referred to in paragraph (1) has been
    issued, the lessee shall produce such oil or gas, or both, at rates
    consistent with any regulation promulgated by the Secretary of
    Energy which is to assure the maximum rate of production which may
    be sustained without loss of ultimate recovery of oil or gas, or
    both, under sound engineering and economic principles, and which is
    safe for the duration of the activity covered by the approved plan.
    The Secretary may permit the lessee to vary such rates if he finds
    that such variance is necessary.
    (h) Federal action affecting outer Continental Shelf; notification;
      recommended changes
      The head of any Federal department or agency who takes any action
    which has a direct and significant effect on the outer Continental
    Shelf or its development shall promptly notify the Secretary of
    such action and the Secretary shall thereafter notify the Governor
    of any affected State and the Secretary may thereafter recommend
    such changes in such action as are considered appropriate.
    (i) Flaring of natural gas
      After September 18, 1978, no holder of any oil and gas lease
    issued or maintained pursuant to this subchapter shall be permitted
    to flare natural gas from any well unless the Secretary finds that
    there is no practicable way to complete production of such gas, or
    that such flaring is necessary to alleviate a temporary emergency
    situation or to conduct testing or work-over operations.
    (j) Cooperative development of common hydrocarbon-bearing areas
      (1) Findings
        (A) (!3) The Congress of the United States finds that the
      unrestrained competitive production of hydrocarbons from a common
      hydrocarbon-bearing geological area underlying the Federal and
      State boundary may result in a number of harmful national
      effects, including - 

          (i) the drilling of unnecessary wells, the installation of
        unnecessary facilities and other imprudent operating practices
        that result in economic waste, environmental damage, and damage
        to life and property;
          (ii) the physical waste of hydrocarbons and an unnecessary
        reduction in the amounts of hydrocarbons that can be produced
        from certain hydrocarbon-bearing areas; and
          (iii) the loss of correlative rights which can result in the
        reduced value of national hydrocarbon resources and disorders
        in the leasing of Federal and State resources.
      (2) Prevention of harmful effects
        The Secretary shall prevent, through the cooperative
      development of an area, the harmful effects of unrestrained
      competitive production of hydrocarbons from a common hydrocarbon-
      bearing area underlying the Federal and State boundary.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 5, 67 Stat. 464; Pub. L. 95-372, title
    II, Sec. 204, Sept. 18, 1978, 92 Stat. 636; Pub. L. 101-380, title
    VI, Sec. 6004(a), Aug. 18, 1990, 104 Stat. 558; Pub. L. 109-58,
    title III, Sec. 321(a), Aug. 8, 2005, 119 Stat. 694.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (a)(8), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(5). Pub. L. 109-58 inserted "from any source"
    after "oil and gas".
      1990 - Subsec. (j). Pub. L. 101-380 added subsec. (j).
      1978 - Subsec. (a). Pub. L. 95-372 expanded provisions formerly
    contained in subsec. (a)(1) so as to include the enforcement of
    safety and environmental laws and regulations, consultation with
    the Attorney General and the Federal Trade Commission, and
    regulations for the suspension or temporary prohibition of any
    operation or activity including production, the cancellation of
    leases or permits, the prompt and efficient exploration and
    development of a lease area, and compliance with the national
    ambient air quality standards to the extent that activities
    authorized significantly affect the air quality of any State.
      Subsec. (b). Pub. L. 95-372 redesignated as subsec. (b)
    provisions formerly contained in subsec. (a)(2) conditioning the
    issuance and continuation of leases or of assignments or other
    transfers of leases upon compliance with regulations, and struck
    out provisions that had set a penalty of a fine of not more than
    $2,000 or imprisonment for not more than six months or both for the
    knowing and willful violation of rules or regulations promulgated
    by the Secretary. See section 1350 of this title.
      Subsec. (c). Pub. L. 95-372 redesignated as subsec. (c)
    provisions formerly contained in subsec. (b)(1) covering the
    cancellation of nonproducing leases for failure of the owner to
    comply with any of the provisions of this subchapter, or of the
    lease, or of the regulations issued under this subchapter.
      Subsec. (d). Pub. L. 95-372 redesignated as subsec. (d)
    provisions formerly contained in subsec. (b)(2) covering the
    cancellation and forfeiture of producing leases for failure of the
    owner to comply with any of the provisions of this subchapter, the
    lease, or regulations promulgated under this subchapter.
      Subsec. (e). Pub. L. 95-372 redesignated as subsec. (e)
    provisions formerly contained in subsec. (c) relating to pipeline
    rights-of-way and inserted provisions relating to regulations
    prescribed by the Secretary of Transportation and assurances of
    maximum environmental protection through the use of the best
    available and safest technologies including the safest practices
    for pipeline burial, and substituted references to the Federal
    Energy Regulatory Commission and the Secretary of Energy for
    existing references to the Federal Power Commission and the
    Interstate Commerce Commission.
      Subsecs. (f) to (i). Pub. L. 95-372 added subsecs. (f) to (i).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested in, or delegated to, Secretary of Energy and
    Department of Energy under or with respect to subsec. (g)(2) of
    this section, transferred to, and vested in, Secretary of the
    Interior, by section 100 of Pub. L. 97-257, 96 Stat. 841, set out
    as a note under section 7152 of Title 42, The Public Health and
    Welfare.
      Functions of Secretary of the Interior to promulgate regulations
    under this subchapter which relate to fostering of competition for
    Federal leases, implementation of alternative bidding systems
    authorized for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42. Section 7152(b)
    of Title 42 was repealed by Pub. L. 97-100, title II, Sec. 201,
    Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy
    returned to Secretary of the Interior. See House Report No. 97-315,
    pp. 25, 26, Nov. 5, 1981.

-MISC2-
                             WEST DELTA FIELD                         
      Section 6004(b) of Pub. L. 101-380 provided that: "Section 5(j)
    of the Outer Continental Shelf Lands Act [43 U.S.C. 1334(j)], as
    added by this section, shall not be applicable with respect to
    Blocks 17 and 18 of the West Delta Field offshore Louisiana."

                       KEY LARGO CORAL REEF PRESERVE                   
      Secretary of the Interior to prescribe rules and regulations
    governing the protection and conservation of the coral and other
    mineral resources in the area designated Key Largo Coral Reef
    Preserve, see Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, set out
    as a note under section 461 of Title 16, Conservation.

-FOOTNOTE-
    (!1) So in original. Probably should be "subparagraph".

    (!2) So in original. Probably should be "lessee".

    (!3) So in original. No subpar. (B) has been enacted.

-End-

-CITE-
    43 USC Sec. 1335                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1335. Validation and maintenance of prior leases

-STATUTE-
    (a) Requirements for validation
      The provisions of this section shall apply to any mineral lease
    covering submerged lands of the outer Continental Shelf issued by
    any State (including any extension, renewal, or replacement thereof
    heretofore granted pursuant to such lease or under the laws of such
    State) if - 
        (1) such lease, or a true copy thereof, is filed with the
      Secretary by the lessee or his duly authorized agent within
      ninety days from August 7, 1953, or within such further period or
      periods as provided in section 1336 of this title or as may be
      fixed from time to time by the Secretary;
        (2) such lease was issued prior to December 21, 1948, and would
      have been on June 5, 1950, in force and effect in accordance with
      its terms and provisions and the law of the State issuing it had
      the State had the authority to issue such lease;
        (3) there is filed with the Secretary, within the period or
      periods specified in paragraph (1) of this subsection, (A) a
      certificate issued by the State official or agency having
      jurisdiction over such lease stating that it would have been in
      force and effect as required by the provisions of paragraph (2)
      of this subsection, or (B) in the absence of such certificate,
      evidence in the form of affidavits, receipts, canceled checks, or
      other documents that may be required by the Secretary, sufficient
      to prove that such lease would have been so in force and effect;
        (4) except as otherwise provided in section 1336 of this title
      hereof, all rents, royalties, and other sums payable under such
      lease between June 5, 1950, and August 7, 1953, which have not
      been paid in accordance with the provisions thereof, or to the
      Secretary or to the Secretary of the Navy, are paid to the
      Secretary within the period or periods specified in paragraph (1)
      of this subsection, and all rents, royalties, and other sums
      payable under such lease after August 7, 1953, are paid to the
      Secretary, who shall deposit such payments in the Treasury in
      accordance with section 1338 of this title;
        (5) the holder of such lease certifies that such lease shall
      continue to be subject to the overriding royalty obligations
      existing on August 7, 1953;
        (6) such lease was not obtained by fraud or misrepresentation;
        (7) such lease, if issued on or after June 23, 1947, was issued
      upon the basis of competitive bidding;
        (8) such lease provides for a royalty to the lessor on oil and
      gas of not less than 12 1/2  per centum and on sulphur of not
      less than 5 per centum in amount or value of the production
      saved, removed, or sold from the lease, or, in any case in which
      the lease provides for a lesser royalty, the holder thereof
      consents in writing, filed with the Secretary, to the increase of
      the royalty to the minimum herein specified;
        (9) the holder thereof pays to the Secretary within the period
      or periods specified in paragraph (1) of this subsection an
      amount equivalent to any severance, gross production, or
      occupation taxes imposed by the State issuing the lease on the
      production from the lease, less the State's royalty interest in
      such production, between June 5, 1950, and August 7, 1953 and not
      heretofore paid to the State, and thereafter pays to the
      Secretary as an additional royalty on the production from the
      lease, less the United States' royalty interest in such
      production, a sum of money equal to the amount of the severance,
      gross production, or occupation taxes which would have been
      payable on such production to the State issuing the lease under
      its laws as they existed on August 7, 1953;
        (10) such lease will terminate within a period of not more than
      five years from August 7, 1953 in the absence of production or
      operations for drilling, or, in any case in which the lease
      provides for a longer period, the holder thereof consents in
      writing, filed with the Secretary, to the reduction of such
      period so that it will not exceed the maximum period herein
      specified; and
        (11) the holder of such lease furnishes such surety bond, if
      any, as the Secretary may require and complies with such other
      reasonable requirements as the Secretary may deem necessary to
      protect the interests of the United States.
    (b) Conduct of operations under lease; sulphur rights
      Any person holding a mineral lease, which as determined by the
    Secretary meets the requirements of subsection (a) of this section,
    may continue to maintain such lease, and may conduct operations
    thereunder, in accordance with (1) its provisions as to the area,
    the minerals covered, rentals and, subject to the provisions of
    paragraphs (8)-(10) of subsection (a) of this section, as to
    royalties and as to the term thereof and of any extensions,
    renewals, or replacements authorized therein or heretofore
    authorized by the laws of the State issuing such lease, or, if oil
    or gas was not being produced in paying quantities from such lease
    on or before December 11, 1950, or if production in paying
    quantities has ceased since June 5, 1950, or if the primary term of
    such lease has expired since December 11, 1950, then for a term
    from August 7, 1953 equal to the term remaining unexpired on
    December 11, 1950, under the provisions of such lease or any
    extensions, renewals, or replacements authorized therein, or
    heretofore authorized by the laws of such State, and (2) such
    regulations as the Secretary may under section 1334 of this title
    prescribe within ninety days after making his determination that
    such lease meets the requirements of subsection (a) of this
    section: Provided, however, That any rights to sulphur under any
    lease maintained under the provisions of this subsection shall not
    extend beyond the primary term of such lease or any extension
    thereof under the provisions of this subsection unless sulphur is
    being produced in paying quantities or drilling, well reworking,
    plant construction, or other operations for the production of
    sulphur, as approved by the Secretary, are being conducted on the
    area covered by such lease on the date of expiration of such
    primary term or extension: Provided further, That if sulphur is
    being produced in paying quantities on such date, then such rights
    shall continue to be maintained in accordance with such lease and
    the provisions of this subchapter: Provided further, That, if the
    primary term of a lease being maintained under this subsection has
    expired prior to August 7, 1953 and oil or gas is being produced in
    paying quantities on such date, then such rights to sulphur as the
    lessee may have under such lease shall continue for twenty-four
    months from August 7, 1953 and as long thereafter as sulphur is
    produced in paying quantities, or drilling, well working, plant
    construction, or other operations for the production of sulphur, as
    approved by the Secretary, are being conducted on the area covered
    by the lease.
    (c) Nonwaiver of United States claims
      The permission granted in subsection (b) of this section shall
    not be construed to be a waiver of such claims, if any, as the
    United States may have against the lessor or the lessee or any
    other person respecting sums payable or paid for or under the
    lease, or respecting activities conducted under the lease, prior to
    August 7, 1953.
    (d) Judicial review of determination
      Any person complaining of a negative determination by the
    Secretary of the Interior under this section may have such
    determination reviewed by the United States District Court for the
    District of Columbia by filing a petition for review within sixty
    days after receiving notice of such action by the Secretary.
    (e) Lands beneath navigable waters
      In the event any lease maintained under this section covers lands
    beneath navigable waters, as that term is used in the Submerged
    Lands Act [43 U.S.C. 1301 et seq.], as well as lands of the outer
    Continental Shelf, the provisions of this section shall apply to
    such lease only insofar as it covers lands of the outer Continental
    Shelf.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 6, 67 Stat. 465.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Submerged Lands Act, referred to in subsec. (e), is act May
    22, 1953, ch. 65, 67 Stat. 29, which is classified generally to
    subchapters I (Sec. 1301 et seq.) and II (Sec. 1311 et seq.) of
    this chapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 1301 of this title and
    Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this subchapter which relate to fostering of competition for
    Federal leases, implementation of alternative bidding systems
    authorized for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-End-

-CITE-
    43 USC Sec. 1336                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1336. Controversies over jurisdiction; agreements; payments;
      final settlement or adjudication; approval of notice concerning
      oil and gas operations in Gulf of Mexico

-STATUTE-
      In the event of a controversy between the United States and a
    State as to whether or not lands are subject to the provisions of
    this subchapter, the Secretary is authorized, notwithstanding the
    provisions of section 1335(a) and (b) of this title and with the
    concurrence of the Attorney General of the United States, to
    negotiate and enter into agreements with the State, its political
    subdivision or grantee or a lessee thereof, respecting operations
    under existing mineral leases and payment and impounding of rents,
    royalties, and other sums payable thereunder, or with the State,
    its political subdivision or grantee, respecting the issuance or
    nonissuance of new mineral leases pending the settlement or
    adjudication of the controversy. The authorization contained in the
    preceding sentence of this section shall not be construed to be a
    limitation upon the authority conferred on the Secretary in other
    sections of this subchapter. Payments made pursuant to such
    agreement, or pursuant to any stipulation between the United States
    and a State, shall be considered as compliance with section
    1335(a)(4) of this title. Upon the termination of such agreement or
    stipulation by reason of the final settlement or adjudication of
    such controversy, if the lands subject to any mineral lease are
    determined to be in whole or in part lands subject to the
    provisions of this subchapter, the lessee, if he has not already
    done so, shall comply with the requirements of section 1335(a) of
    this title, and thereupon the provisions of section 1335(b) of this
    title shall govern such lease. The notice concerning "Oil and Gas
    Operations in the Submerged Coastal Lands of the Gulf of Mexico"
    issued by the Secretary on December 11, 1950 (15 F.R. 8835), as
    amended by the notice dated January 26, 1951 (16 F.R. 953), and as
    supplemented by the notices dated February 2, 1951 (16 F.R. 1203),
    March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R. 3623), June
    25, 1951 (16 F.R. 6404), August 22, 1951 (16 F.R. 8720), October
    24, 1951 (16 F.R. 10998), December 21, 1951 (17 F.R. 43), March 25,
    1952 (17 F.R. 2821), June 26, 1952 (17 F.R. 5833), and December 24,
    1952 (18 F.R. 48), respectively, is approved and confirmed.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 7, 67 Stat. 467.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this subchapter which relate to fostering of competition for
    Federal leases, implementation of alternative bidding systems
    authorized for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-End-

-CITE-
    43 USC Sec. 1337                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1337. Leases, easements, and rights-of-way on the outer
      Continental Shelf

-STATUTE-
    (a) Oil and gas leases; award to highest responsible qualified
      bidder; method of bidding; royalty relief; Congressional
      consideration of bidding system; notice
      (1) The Secretary is authorized to grant to the highest
    responsible qualified bidder or bidders by competitive bidding,
    under regulations promulgated in advance, any oil and gas lease on
    submerged lands of the outer Continental Shelf which are not
    covered by leases meeting the requirements of subsection (a) of
    section 1335 of this title. Such regulations may provide for the
    deposit of cash bids in an interest-bearing account until the
    Secretary announces his decision on whether to accept the bids,
    with the interest earned thereon to be paid to the Treasury as to
    bids that are accepted and to the unsuccessful bidders as to bids
    that are rejected. The bidding shall be by sealed bid and, at the
    discretion of the Secretary, on the basis of - 
        (A) cash bonus bid with a royalty at not less than 12 1/2  per
      centum fixed by the Secretary in amount or value of the
      production saved, removed, or sold;
        (B) variable royalty bid based on a per centum in amount or
      value of the production saved, removed, or sold, with either a
      fixed work commitment based on dollar amount for exploration or a
      fixed cash bonus as determined by the Secretary, or both;
        (C) cash bonus bid, or work commitment bid based on a dollar
      amount for exploration with a fixed cash bonus, and a diminishing
      or sliding royalty based on such formulae as the Secretary shall
      determine as equitable to encourage continued production from the
      lease area as resources diminish, but not less than 12 1/2  per
      centum at the beginning of the lease period in amount or value of
      the production saved, removed, or sold;
        (D) cash bonus bid with a fixed share of the net profits of no
      less than 30 per centum to be derived from the production of oil
      and gas from the lease area;
        (E) fixed cash bonus with the net profit share reserved as the
      bid variable;
        (F) cash bonus bid with a royalty at no less than 12 1/2  per
      centum fixed by the Secretary in amount or value of the
      production saved, removed, or sold and a fixed per centum share
      of net profits of no less than 30 per centum to be derived from
      the production of oil and gas from the lease area;
        (G) work commitment bid based on a dollar amount for
      exploration with a fixed cash bonus and a fixed royalty in amount
      or value of the production saved, removed, or sold;
        (H) cash bonus bid with royalty at no less than 12 and  1/2 
      per centum fixed by the Secretary in amount or value of
      production saved, removed, or sold, and with suspension of
      royalties for a period, volume, or value of production determined
      by the Secretary, which suspensions may vary based on the price
      of production from the lease; or
        (I) subject to the requirements of paragraph (4) of this
      subsection, any modification of bidding systems authorized in
      subparagraphs (A) through (G), or any other systems of bid
      variables, terms, and conditions which the Secretary determines
      to be useful to accomplish the purposes and policies of this
      subchapter, except that no such bidding system or modification
      shall have more than one bid variable.

      (2) The Secretary may, in his discretion, defer any part of the
    payment of the cash bonus, as authorized in paragraph (1) of this
    subsection, according to a schedule announced at the time of the
    announcement of the lease sale, but such payment shall be made in
    total no later than five years after the date of the lease sale.
      (3)(A) The Secretary may, in order to promote increased
    production on the lease area, through direct, secondary, or
    tertiary recovery means, reduce or eliminate any royalty or net
    profit share set forth in the lease for such area. 
      (B) In the Western and Central Planning Areas of the Gulf of
    Mexico and the portion of the Eastern Planning Area of the Gulf of
    Mexico encompassing whole lease blocks lying west of 87 degrees, 30
    minutes West longitude and in the Planning Areas offshore Alaska,
    the Secretary may, in order to - 
        (i) promote development or increased production on producing or
      non-producing leases; or
        (ii) encourage production of marginal resources on producing or
      non-producing leases;

    through primary, secondary, or tertiary recovery means, reduce or
    eliminate any royalty or net profit share set forth in the
    lease(s). With the lessee's consent, the Secretary may make other
    modifications to the royalty or net profit share terms of the lease
    in order to achieve these purposes.
      (C)(i) Notwithstanding the provisions of this subchapter other
    than this subparagraph, with respect to any lease or unit in
    existence on November 28, 1995, meeting the requirements of this
    subparagraph, no royalty payments shall be due on new production,
    as defined in clause (iv) of this subparagraph, from any lease or
    unit located in water depths of 200 meters or greater in the
    Western and Central Planning Areas of the Gulf of Mexico, including
    that portion of the Eastern Planning Area of the Gulf of Mexico
    encompassing whole lease blocks lying west of 87 degrees, 30
    minutes West longitude, until such volume of production as
    determined pursuant to clause (ii) has been produced by the lessee.
      (ii) Upon submission of a complete application by the lessee, the
    Secretary shall determine within 180 days of such application
    whether new production from such lease or unit would be economic in
    the absence of the relief from the requirement to pay royalties
    provided for by clause (i) of this subparagraph. In making such
    determination, the Secretary shall consider the increased
    technological and financial risk of deep water development and all
    costs associated with exploring, developing, and producing from the
    lease. The lessee shall provide information required for a complete
    application to the Secretary prior to such determination. The
    Secretary shall clearly define the information required for a
    complete application under this section. Such application may be
    made on the basis of an individual lease or unit. If the Secretary
    determines that such new production would be economic in the
    absence of the relief from the requirement to pay royalties
    provided for by clause (i) of this subparagraph, the provisions of
    clause (i) shall not apply to such production. If the Secretary
    determines that such new production would not be economic in the
    absence of the relief from the requirement to pay royalties
    provided for by clause (i), the Secretary must determine the volume
    of production from the lease or unit on which no royalties would be
    due in order to make such new production economically viable;
    except that for new production as defined in clause (iv)(I), in no
    case will that volume be less than 17.5 million barrels of oil
    equivalent in water depths of 200 to 400 meters, 52.5 million
    barrels of oil equivalent in 400-800 meters of water, and 87.5
    million barrels of oil equivalent in water depths greater than 800
    meters. Redetermination of the applicability of clause (i) shall be
    undertaken by the Secretary when requested by the lessee prior to
    the commencement of the new production and upon significant change
    in the factors upon which the original determination was made. The
    Secretary shall make such redetermination within 120 days of
    submission of a complete application. The Secretary may extend the
    time period for making any determination or redetermination under
    this clause for 30 days, or longer if agreed to by the applicant,
    if circumstances so warrant. The lessee shall be notified in
    writing of any determination or redetermination and the reasons for
    and assumptions used for such determination. Any determination or
    redetermination under this clause shall be a final agency action.
    The Secretary's determination or redetermination shall be
    judicially reviewable under section 702 of title 5, only for
    actions filed within 30 days of the Secretary's determination or
    redetermination.
      (iii) In the event that the Secretary fails to make the
    determination or redetermination called for in clause (ii) upon
    application by the lessee within the time period, together with any
    extension thereof, provided for by clause (ii), no royalty payments
    shall be due on new production as follows:
        (I) For new production, as defined in clause (iv)(I) of this
      subparagraph, no royalty shall be due on such production
      according to the schedule of minimum volumes specified in clause
      (ii) of this subparagraph.
        (II) For new production, as defined in clause (iv)(II) of this
      subparagraph, no royalty shall be due on such production for one
      year following the start of such production.

      (iv) For purposes of this subparagraph, the term "new production"
    is - 
        (I) any production from a lease from which no royalties are due
      on production, other than test production, prior to November 28,
      1995; or
        (II) any production resulting from lease development activities
      pursuant to a Development Operations Coordination Document, or
      supplement thereto that would expand production significantly
      beyond the level anticipated in the Development Operations
      Coordination Document, approved by the Secretary after November
      28, 1995.

      (v) During the production of volumes determined pursuant to
    clauses (!1) (ii) or (iii) of this subparagraph, in any year during
    which the arithmetic average of the closing prices on the New York
    Mercantile Exchange for light sweet crude oil exceeds $28.00 per
    barrel, any production of oil will be subject to royalties at the
    lease stipulated royalty rate. Any production subject to this
    clause shall be counted toward the production volume determined
    pursuant to clause (ii) or (iii). Estimated royalty payments will
    be made if such average of the closing prices for the previous year
    exceeds $28.00. After the end of the calendar year, when the new
    average price can be calculated, lessees will pay any royalties
    due, with interest but without penalty, or can apply for a refund,
    with interest, of any overpayment.

      (vi) During the production of volumes determined pursuant to
    clause (ii) or (iii) of this subparagraph, in any year during which
    the arithmetic average of the closing prices on the New York
    Mercantile Exchange for natural gas exceeds $3.50 per million
    British thermal units, any production of natural gas will be
    subject to royalties at the lease stipulated royalty rate. Any
    production subject to this clause shall be counted toward the
    production volume determined pursuant to clauses (!1) (ii) or
    (iii). Estimated royalty payments will be made if such average of
    the closing prices for the previous year exceeds $3.50. After the
    end of the calendar year, when the new average price can be
    calculated, lessees will pay any royalties due, with interest but
    without penalty, or can apply for a refund, with interest, of any
    overpayment.
      (vii) The prices referred to in clauses (v) and (vi) of this
    subparagraph shall be changed during any calendar year after 1994
    by the percentage, if any, by which the implicit price deflator for
    the gross domestic product changed during the preceding calendar
    year.
      (4)(A) The Secretary of Energy shall submit any bidding system
    authorized in subparagraph (H) of paragraph (1) to the Senate and
    House of Representatives. The Secretary may institute such bidding
    system unless either the Senate or the House of Representatives
    passes a resolution of disapproval within thirty days after receipt
    of the bidding system.
      (B) Subparagraphs (C) through (J) of this paragraph are enacted
    by Congress - 
        (i) as an exercise of the rulemaking power of the Senate and
      the House of Representatives, respectively, and as such they are
      deemed a part of the rules of each House, respectively, but they
      are applicable only with respect to the procedures to be followed
      in that House in the case of resolutions described by this
      paragraph, and they supersede other rules only to the extent that
      they are inconsistent therewith; and
        (ii) with full recognition of the constitutional right of
      either House to change the rules (so far as relating to the
      procedure of that House) at any time, in the same manner, and to
      the same extent as in the case of any other rule of that House.

      (C) A resolution disapproving a bidding system submitted pursuant
    to this paragraph shall immediately be referred to a committee (and
    all resolutions with respect to the same request shall be referred
    to the same committee) by the President of the Senate or the
    Speaker of the House of Representatives, as the case may be.
      (D) If the committee to which has been referred any resolution
    disapproving the bidding system of the Secretary has not reported
    the resolution at the end of ten calendar days after its referral,
    it shall be in order to move either to discharge the committee from
    further consideration of the resolution or to discharge the
    committee from further consideration of any other resolution with
    respect to the same bidding system which has been referred to the
    committee.
      (E) A motion to discharge may be made only by an individual
    favoring the resolution, shall be highly privileged (except that it
    may not be made after the committee has reported a resolution with
    respect to the same recommendation), and debate thereon shall be
    limited to not more than one hour, to be divided equally between
    those favoring and those opposing the resolution. An amendment to
    the motion shall not be in order, and it shall not be in order to
    move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (F) If the motion to discharge is agreed to or disagreed to, the
    motion may not be renewed, nor may another motion to discharge the
    committee be made with respect to any other resolution with respect
    to the same bidding system.
      (G) When the committee has reported, or has been discharged from
    further consideration of, a resolution as provided in this
    paragraph, it shall be at any time thereafter in order (even though
    a previous motion to the same effect has been disagreed to) to move
    to proceed to the consideration of the resolution. The motion shall
    be highly privileged and shall not be debatable. An amendment to
    the motion shall not be in order, and it shall not be in order to
    move to reconsider the vote by which the motion is agreed to or
    disagreed to.
      (H) Debate on the resolution is limited to not more than two
    hours, to be divided equally between those favoring and those
    opposing the resolution. A motion further to limit debate is not
    debatable. An amendment to, or motion to recommit, the resolution
    is not in order, and it is not in order to move to reconsider the
    vote by which the resolution is agreed to or disagreed to.
      (I) Motions to postpone, made with respect to the discharge from
    the committee, or the consideration of a resolution with respect to
    a bidding system, and motions to proceed to the consideration of
    other business, shall be decided without debate.
      (J) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of
    Representatives, as the case may be, to the procedure relating to a
    resolution with respect to a bidding system shall be decided
    without debate.
      (5)(A) During the five-year period commencing on September 18,
    1978, the Secretary may, in order to obtain statistical information
    to determine which bidding alternatives will best accomplish the
    purposes and policies of this subchapter, require, as to no more
    than 10 per centum of the tracts offered each year, each bidder to
    submit bids for any area of the outer Continental Shelf in
    accordance with more than one of the bidding systems set forth in
    paragraph (1) of this subsection. For such statistical purposes,
    leases may be awarded using a bidding alternative selected at
    random for the acquisition of valid statistical data if such
    bidding alternative is otherwise consistent with the provisions of
    this subchapter.
      (B) The bidding systems authorized by paragraph (1) of this
    subsection, other than the system authorized by subparagraph (A),
    shall be applied to not less than 20 per centum and not more than
    60 per centum of the total area offered for leasing each year
    during the five-year period beginning on September 18, 1978, unless
    the Secretary determines that the requirements set forth in this
    subparagraph are inconsistent with the purposes and policies of
    this subchapter.
      (6) At least ninety days prior to notice of any lease sale under
    subparagraph (D), (E), (F), or, if appropriate, (H) of paragraph
    (1), the Secretary shall by regulation establish rules to govern
    the calculation of net profits. In the event of any dispute between
    the United States and a lessee concerning the calculation of the
    net profits under the regulation issued pursuant to this paragraph,
    the burden of proof shall be on the lessee.
      (7) After an oil and gas lease is granted pursuant to any of the
    work commitment options of paragraph (1) of this subsection - 
        (A) the lessee, at its option, shall deliver to the Secretary
      upon issuance of the lease either (i) a cash deposit for the full
      amount of the exploration work commitment, or (ii) a performance
      bond in form and substance and with a surety satisfactory to the
      Secretary, in the principal amount of such exploration work
      commitment assuring the Secretary that such commitment shall be
      faithfully discharged in accordance with this section,
      regulations, and the lease; and for purposes of this
      subparagraph, the principal amount of such cash deposit or bond
      may, in accordance with regulations, be periodically reduced upon
      proof, satisfactory to the Secretary, that a portion of the
      exploration work commitment has been satisfied;
        (B) 50 per centum of all exploration expenditures on, or
      directly related to, the lease, including, but not limited to (i)
      geological investigations and related activities, (ii)
      geophysical investigations including seismic, geomagnetic, and
      gravity surveys, data processing and interpretation, and (iii)
      exploratory drilling, core drilling, redrilling, and well
      completion or abandonment, including the drilling of wells
      sufficient to determine the size and a real extent of any newly
      discovered field, and including the cost of mobilization and
      demobilization of drilling equipment, shall be included in
      satisfaction of the commitment, except that the lessee's general
      overhead cost shall not be so included against the work
      commitment, but its cost (including employee benefits) of
      employees directly assigned to such exploration work shall be so
      included; and
        (C) if at the end of the primary term of the lease, including
      any extension thereof, the full dollar amount of the exploration
      work commitment has not been satisfied, the balance shall then be
      paid in cash to the Secretary.

      (8) Not later than thirty days before any lease sale, the
    Secretary shall submit to the Congress and publish in the Federal
    Register a notice - 
        (A) identifying any bidding system which will be utilized for
      such lease sale and the reasons for the utilization of such
      bidding system; and
        (B) designating the lease tracts selected which are to be
      offered in such sale under the bidding system authorized by
      subparagraph (A) of paragraph (1) and the lease tracts selected
      which are to be offered under any one or more of the bidding
      systems authorized by subparagraphs (B) through (H) of paragraph
      (1), and the reasons such lease tracts are to be offered under a
      particular bidding system.
    (b) Terms and provisions of oil and gas leases
      An oil and gas lease issued pursuant to this section shall - 
        (1) be for a tract consisting of a compact area not exceeding
      five thousand seven hundred and sixty acres, as the Secretary may
      determine, unless the Secretary finds that a larger area is
      necessary to comprise a reasonable economic production unit;
        (2) be for an initial period of - 
          (A) five years; or
          (B) not to exceed ten years where the Secretary finds that
        such longer period is necessary to encourage exploration and
        development in areas because of unusually deep water or other
        unusually adverse conditions,

      and as long after such initial period as oil or gas is produced
      from the area in paying quantities, or drilling or well reworking
      operations as approved by the Secretary are conducted thereon;
        (3) require the payment of amount or value as determined by one
      of the bidding systems set forth in subsection (a) of this
      section;
        (4) entitle the lessee to explore, develop, and produce the oil
      and gas contained within the lease area, conditioned upon due
      diligence requirements and the approval of the development and
      production plan required by this subchapter;
        (5) provide for suspension or cancellation of the lease during
      the initial lease term or thereafter pursuant to section 1334 of
      this title;
        (6) contain such rental and other provisions as the Secretary
      may prescribe at the time of offering the area for lease; and
        (7) provide a requirement that the lessee offer 20 per centum
      of the crude oil, condensate, and natural gas liquids produced on
      such lease, at the market value and point of delivery applicable
      to Federal royalty oil, to small or independent refiners as
      defined in the Emergency Petroleum Allocation Act of 1973 (!2)
      [15 U.S.C. 751 et seq.].

    (c) Antitrust review of lease sales
      (1) Following each notice of a proposed lease sale and before the
    acceptance of bids and the issuance of leases based on such bids,
    the Secretary shall allow the Attorney General, in consultation
    with the Federal Trade Commission, thirty days to review the
    results of such lease sale, except that the Attorney General, after
    consultation with the Federal Trade Commission, may agree to a
    shorter review period.
      (2) The Attorney General may, in consultation with the Federal
    Trade Commission, conduct such antitrust review on the likely
    effects the issuance of such leases would have on competition as
    the Attorney General, after consultation with the Federal Trade
    Commission, deems appropriate and shall advise the Secretary with
    respect to such review. The Secretary shall provide such
    information as the Attorney General, after consultation with the
    Federal Trade Commission, may require in order to conduct any
    antitrust review pursuant to this paragraph and to make
    recommendations pursuant to paragraph (3) of this subsection.
      (3) The Attorney General, after consultation with the Federal
    Trade Commission, may make such recommendations to the Secretary,
    including the nonacceptance of any bid, as may be appropriate to
    prevent any situation inconsistent with the antitrust laws. If the
    Secretary determines, or if the Attorney General advises the
    Secretary, after consultation with the Federal Trade Commission and
    prior to the issuance of any lease, that such lease may create or
    maintain a situation inconsistent with the antitrust laws, the
    Secretary may - 
        (A) refuse (i) to accept an otherwise qualified bid for such
      lease, or (ii) to issue such lease, notwithstanding subsection
      (a) of this section; or
        (B) issue such lease, and notify the lessee and the Attorney
      General of the reason for such decision.

      (4)(A) Nothing in this subsection shall restrict the power under
    any other Act or the common law of the Attorney General, the
    Federal Trade Commission, or any other Federal department or agency
    to secure information, conduct reviews, make recommendations, or
    seek appropriate relief.
      (B) Neither the issuance of a lease nor anything in this
    subsection shall modify or abridge any private right of action
    under the antitrust laws.
    (d) Due diligence
      No bid for a lease may be submitted if the Secretary finds, after
    notice and hearing, that the bidder is not meeting due diligence
    requirements on other leases.
    (e) Secretary's approval for sale, exchange, assignment, or other
      transfer of leases
      No lease issued under this subchapter may be sold, exchanged,
    assigned, or otherwise transferred except with the approval of the
    Secretary. Prior to any such approval, the Secretary shall consult
    with and give due consideration to the views of the Attorney
    General.
    (f) Antitrust immunity or defenses
      Nothing in this subchapter shall be deemed to convey to any
    person, association, corporation, or other business organization
    immunity from civil or criminal liability, or to create defenses to
    actions, under any antitrust law.
    (g) Leasing of lands within three miles of seaward boundaries of
      coastal States; deposit of revenues; distribution of revenues
      (1) At the time of soliciting nominations for the leasing of
    lands containing tracts wholly or partially within three nautical
    miles of the seaward boundary of any coastal State, and
    subsequently as new information is obtained or developed by the
    Secretary, the Secretary shall, in addition to the information
    required by section 1352 of this title, provide the Governor of
    such State - 
        (A) an identification and schedule of the areas and regions
      proposed to be offered for leasing;
        (B) at the request of the Governor of such State, all
      information from all sources concerning the geographical,
      geological, and ecological characteristics of such tracts;
        (C) an estimate of the oil and gas reserves in the areas
      proposed for leasing; and
        (D) at the request of the Governor of such State, an
      identification of any field, geological structure, or trap
      located wholly or partially within three nautical miles of the
      seaward boundary of such coastal State, including all information
      relating to the entire field, geological structure, or trap.

    The provisions of the first sentence of subsection (c) and the
    provisions of subsections (e)-(h) of section 1352 of this title
    shall be applicable to the release by the Secretary of any
    information to any coastal State under this paragraph. In addition,
    the provisions of subsections (c) and (e)-(h) of section 1352 of
    this title shall apply in their entirety to the release by the
    Secretary to any coastal State of any information relating to
    Federal lands beyond three nautical miles of the seaward boundary
    of such coastal State.
      (2) Notwithstanding any other provision of this subchapter, the
    Secretary shall deposit into a separate account in the Treasury of
    the United States all bonuses, rents, and royalties, and other
    revenues (derived from any bidding system authorized under
    subsection (a)(1) of this section), excluding Federal income and
    windfall profits taxes, and derived from any lease issued after
    September 18, 1978 of any Federal tract which lies wholly (or, in
    the case of Alaska, partially until seven years from the date of
    settlement of any boundary dispute that is the subject of an
    agreement under section 1336 of this title entered into prior to
    January 1, 1986 or until April 15, 1993 with respect to any other
    tract) within three nautical miles of the seaward boundary of any
    coastal State, or, (except as provided above for Alaska) in the
    case where a Federal tract lies partially within three nautical
    miles of the seaward boundary, a percentage of bonuses, rents,
    royalties, and other revenues (derived from any bidding system
    authorized under subsection (a)(1) of this section), excluding
    Federal income and windfall profits taxes, and derived from any
    lease issued after September 18, 1978 of such tract equal to the
    percentage of surface acreage of the tract that lies within such
    three nautical miles. Except as provided in paragraph (5) of this
    subsection, not later than the last business day of the month
    following the month in which those revenues are deposited in the
    Treasury, the Secretary shall transmit to such coastal State 27
    percent of those revenues, together with all accrued interest
    thereon. The remaining balance of such revenues shall be
    transmitted simultaneously to the miscellaneous receipts account of
    the Treasury of the United States.
      (3) Whenever the Secretary or the Governor of a coastal State
    determines that a common potentially hydrocarbon-bearing area may
    underlie the Federal and State boundary, the Secretary or the
    Governor shall notify the other party in writing of his
    determination and the Secretary shall provide to the Governor
    notice of the current and projected status of the tract or tracts
    containing the common potentially hydrocarbon-bearing area. If the
    Secretary has leased or intends to lease such tract or tracts, the
    Secretary and the Governor of the coastal State may enter into an
    agreement to divide the revenues from production of any common
    potentially hydrocarbon-bearing area, by unitization or other
    royalty sharing agreement, pursuant to existing law. If the
    Secretary and the Governor do not enter into an agreement, the
    Secretary may nevertheless proceed with the leasing of the tract or
    tracts. Any revenues received by the United States under such an
    agreement shall be subject to the requirements of paragraph (2).
      (4) The deposits in the Treasury account described in this
    section shall be invested by the Secretary of the Treasury in
    securities backed by the full faith and credit of the United States
    having maturities suitable to the needs of the account and yielding
    the highest reasonably available interest rates as determined by
    the Secretary of the Treasury.
      (5)(A) When there is a boundary dispute between the United States
    and a State which is subject to an agreement under section 1336 of
    this title, the Secretary shall credit to the account established
    pursuant to such agreement all bonuses, rents, and royalties, and
    other revenues (derived from any bidding system authorized under
    subsection (a)(1) of this section), excluding Federal income and
    windfall profits taxes, and derived from any lease issued after
    September 18, 1978 of any Federal tract which lies wholly or
    partially within three nautical miles of the seaward boundary
    asserted by the State, if that money has not otherwise been
    deposited in such account. Proceeds of an escrow account
    established pursuant to an agreement under section 1336 of this
    title shall be distributed as follows:
        (i) Twenty-seven percent of all bonuses, rents, and royalties,
      and other revenues (derived from any bidding system authorized
      under subsection (a)(1) of this section), excluding Federal
      income and windfall profits taxes, and derived from any lease
      issued after September 18, 1978, of any tract which lies wholly
      within three nautical miles of the seaward boundary asserted by
      the Federal Government in the boundary dispute, together with all
      accrued interest thereon, shall be paid to the State either - 
          (I) within thirty days of December 1, 1987, or
          (II) by the last business day of the month following the
        month in which those revenues are deposited in the Treasury,
        whichever date is later.

        (ii) Upon the settlement of a boundary dispute which is subject
      to a section 1336 of this title agreement between the United
      States and a State, the Secretary shall pay to such State any
      additional moneys due such State from amounts deposited in or
      credited to the escrow account. If there is insufficient money
      deposited in the escrow account, the Secretary shall transmit,
      from any revenues derived from any lease of Federal lands under
      this subchapter, the remaining balance due such State in
      accordance with the formula set forth in section 8004(b)(1)(B) of
      the Outer Continental Shelf Lands Act Amendments of 1985.

      (B) This paragraph applies to all Federal oil and gas lease
    sales, under this subchapter, including joint lease sales,
    occurring after September 18, 1978.
      (6) This section shall be deemed to take effect on October 1,
    1985, for purposes of determining the amounts to be deposited in
    the separate account and the States' shares described in paragraph
    (2).
      (7) When the Secretary leases any tract which lies wholly or
    partially within three miles of the seaward boundary of two or more
    States, the revenues from such tract shall be distributed as
    otherwise provided by this section, except that the State's share
    of such revenues that would otherwise result under this section
    shall be divided equally among such States.
    (h) State claims to jurisdiction over submerged lands
      Nothing contained in this section shall be construed to alter,
    limit, or modify any claim of any State to any jurisdiction over,
    or any right, title, or interest in, any submerged lands.
    (i) Sulphur leases; award to highest bidder; method of bidding
      In order to meet the urgent need for further exploration and
    development of the sulphur deposits in the submerged lands of the
    outer Continental Shelf, the Secretary is authorized to grant to
    the qualified persons offering the highest cash bonuses on a basis
    of competitive bidding sulphur leases on submerged lands of the
    outer Continental Shelf, which are not covered by leases which
    include sulphur and meet the requirements of section 1335(a) of
    this title, and which sulphur leases shall be offered for bid by
    sealed bids and granted on separate leases from oil and gas leases,
    and for a separate consideration, and without priority or
    preference accorded to oil and gas lessees on the same area.
    (j) Terms and provisions of sulphur leases
      A sulphur lease issued by the Secretary pursuant to this section
    shall (1) cover an area of such size and dimensions as the
    Secretary may determine, (2) be for a period of not more than ten
    years and so long thereafter as sulphur may be produced from the
    area in paying quantities or drilling, well reworking, plant
    construction, or other operations for the production of sulphur, as
    approved by the Secretary, are conducted thereon, (3) require the
    payment to the United States of such royalty as may be specified in
    the lease but not less than 5 per centum of the gross production or
    value of the sulphur at the wellhead, and (4) contain such rental
    provisions and such other terms and provisions as the Secretary may
    by regulation prescribe at the time of offering the area for lease.
    (k) Other mineral leases; award to highest bidder; terms and
      conditions; agreements for use of resources for shore protection,
      beach or coastal wetlands restoration, or other projects
      (1) The Secretary is authorized to grant to the qualified persons
    offering the highest cash bonuses on a basis of competitive bidding
    leases of any mineral other than oil, gas, and sulphur in any area
    of the outer Continental Shelf not then under lease for such
    mineral upon such royalty, rental, and other terms and conditions
    as the Secretary may prescribe at the time of offering the area for
    lease.
      (2)(A) Notwithstanding paragraph (1), the Secretary may negotiate
    with any person an agreement for the use of Outer Continental Shelf
    sand, gravel and shell resources - 
        (i) for use in a program of, or project for, shore protection,
      beach restoration, or coastal wetlands restoration undertaken by
      a Federal, State, or local government agency; or
        (ii) for use in a construction project, other than a project
      described in clause (i), that is funded in whole or in part by or
      authorized by the Federal Government.

      (B) In carrying out a negotiation under this paragraph, the
    Secretary may assess a fee based on an assessment of the value of
    the resources and the public interest served by promoting
    development of the resources. No fee shall be assessed directly or
    indirectly under this subparagraph against a Federal, State, or
    local government agency.
      (C) The Secretary may, through this paragraph and in consultation
    with the Secretary of Commerce, seek to facilitate projects in the
    coastal zone, as such term is defined in section 1453 of title 16,
    that promote the policy set forth in section 1452 of title 16.
      (D) Any Federal agency which proposes to make use of sand, gravel
    and shell resources subject to the provisions of this subchapter
    shall enter into a Memorandum of Agreement with the Secretary
    concerning the potential use of those resources. The Secretary
    shall notify the Committee on Merchant Marine and Fisheries and the
    Committee on Natural Resources of the House of Representatives and
    the Committee on Energy and Natural Resources of the Senate on any
    proposed project for the use of those resources prior to the use of
    those resources.
    (l) Publication of notices of sale and terms of bidding
      Notice of sale of leases, and the terms of bidding, authorized by
    this section shall be published at least thirty days before the
    date of sale in accordance with rules and regulations promulgated
    by the Secretary.
    (m) Disposition of revenues
      All moneys paid to the Secretary for or under leases granted
    pursuant to this section shall be deposited in the Treasury in
    accordance with section 1338 of this title.
    (n) Issuance of lease as nonprejudicial to ultimate settlement or
      adjudication of controversies
      The issuance of any lease by the Secretary pursuant to this
    subchapter, or the making of any interim arrangements by the
    Secretary pursuant to section 1336 of this title shall not
    prejudice the ultimate settlement or adjudication of the question
    as to whether or not the area involved is in the outer Continental
    Shelf.
    (o) Cancellation of leases for fraud
      The Secretary may cancel any lease obtained by fraud or
    misrepresentation.
    (p) Leases, easements, or rights-of-way for energy and related
      purposes
      (1) In general
        The Secretary, in consultation with the Secretary of the
      Department in which the Coast Guard is operating and other
      relevant departments and agencies of the Federal Government, may
      grant a lease, easement, or right-of-way on the outer Continental
      Shelf for activities not otherwise authorized in this subchapter,
      the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), the
      Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et
      seq.), or other applicable law, if those activities - 
          (A) support exploration, development, production, or storage
        of oil or natural gas, except that a lease, easement, or right-
        of-way shall not be granted in an area in which oil and gas
        preleasing, leasing, and related activities are prohibited by a
        moratorium;
          (B) support transportation of oil or natural gas, excluding
        shipping activities;
          (C) produce or support production, transportation, or
        transmission of energy from sources other than oil and gas; or
          (D) use, for energy-related purposes or for other authorized
        marine-related purposes, facilities currently or previously
        used for activities authorized under this subchapter, except
        that any oil and gas energy-related uses shall not be
        authorized in areas in which oil and gas preleasing, leasing,
        and related activities are prohibited by a moratorium.
      (2) Payments and revenues
        (A) The Secretary shall establish royalties, fees, rentals,
      bonuses, or other payments to ensure a fair return to the United
      States for any lease, easement, or right-of-way granted under
      this subsection.
        (B) The Secretary shall provide for the payment of 27 percent
      of the revenues received by the Federal Government as a result of
      payments under this section from projects that are located wholly
      or partially within the area extending three nautical miles
      seaward of State submerged lands. Payments shall be made based on
      a formula established by the Secretary by rulemaking no later
      than 180 days after August 8, 2005, that provides for equitable
      distribution, based on proximity to the project, among coastal
      states that have a coastline that is located within 15 miles of
      the geographic center of the project.
      (3) Competitive or noncompetitive basis
        Except with respect to projects that meet the criteria
      established under section 388(d) of the Energy Policy Act of
      2005, the Secretary shall issue a lease, easement, or right-of-
      way under paragraph (1) on a competitive basis unless the
      Secretary determines after public notice of a proposed lease,
      easement, or right-of-way that there is no competitive interest.
      (4) Requirements
        The Secretary shall ensure that any activity under this
      subsection is carried out in a manner that provides for - 
          (A) safety;
          (B) protection of the environment;
          (C) prevention of waste;
          (D) conservation of the natural resources of the outer
        Continental Shelf;
          (E) coordination with relevant Federal agencies;
          (F) protection of national security interests of the United
        States;
          (G) protection of correlative rights in the outer Continental
        Shelf;
          (H) a fair return to the United States for any lease,
        easement, or right-of-way under this subsection;
          (I) prevention of interference with reasonable uses (as
        determined by the Secretary) of the exclusive economic zone,
        the high seas, and the territorial seas;
          (J) consideration of - 
            (i) the location of, and any schedule relating to, a lease,
          easement, or right-of-way for an area of the outer
          Continental Shelf; and
            (ii) any other use of the sea or seabed, including use for
          a fishery, a sealane, a potential site of a deepwater port,
          or navigation;

          (K) public notice and comment on any proposal submitted for a
        lease, easement, or right-of-way under this subsection; and
          (L) oversight, inspection, research, monitoring, and
        enforcement relating to a lease, easement, or right-of-way
        under this subsection.
      (5) Lease duration, suspension, and cancellation
        The Secretary shall provide for the duration, issuance,
      transfer, renewal, suspension, and cancellation of a lease,
      easement, or right-of-way under this subsection.
      (6) Security
        The Secretary shall require the holder of a lease, easement, or
      right-of-way granted under this subsection to - 
          (A) furnish a surety bond or other form of security, as
        prescribed by the Secretary;
          (B) comply with such other requirements as the Secretary
        considers necessary to protect the interests of the public and
        the United States; and
          (C) provide for the restoration of the lease, easement, or
        right-of-way.
      (7) Coordination and consultation with affected State and local
        governments
        The Secretary shall provide for coordination and consultation
      with the Governor of any State or the executive of any local
      government that may be affected by a lease, easement, or right-of-
      way under this subsection.
      (8) Regulations
        Not later than 270 days after August 8, 2005, the Secretary, in
      consultation with the Secretary of Defense, the Secretary of the
      Department in which the Coast Guard is operating, the Secretary
      of Commerce, heads of other relevant departments and agencies of
      the Federal Government, and the Governor of any affected State,
      shall issue any necessary regulations to carry out this
      subsection.
      (9) Effect of subsection
        Nothing in this subsection displaces, supersedes, limits, or
      modifies the jurisdiction, responsibility, or authority of any
      Federal or State agency under any other Federal law.
      (10) Applicability
        This subsection does not apply to any area on the outer
      Continental Shelf within the exterior boundaries of any unit of
      the National Park System, National Wildlife Refuge System, or
      National Marine Sanctuary System, or any National Monument.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 8, 67 Stat. 468; Pub. L. 95-372, title
    II, Sec. 205(a), (b), Sept. 18, 1978, 92 Stat. 640, 644; Pub. L. 99-
    272, title VIII, Sec. 8003, Apr. 7, 1986, 100 Stat. 148; Pub. L.
    100-202, Sec. 101(g) [title I, Sec. 100], Dec. 22, 1987, 101 Stat.
    1329-213, 1329-225; Pub. L. 103-426, Sec. 1(a), Oct. 31, 1994, 108
    Stat. 4371; Pub. L. 104-58, title III, Secs. 302, 303, Nov. 28,
    1995, 109 Stat. 563, 565; Pub. L. 105-362, title IX, Sec. 901(k),
    Nov. 10, 1998, 112 Stat. 3290; Pub. L. 106-53, title II, Sec.
    215(b)(1), Aug. 17, 1999, 113 Stat. 292; Pub. L. 109-58, title III,
    Secs. 346, 388(a), (c), Aug. 8, 2005, 119 Stat. 704, 744, 747.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Emergency Petroleum Allocation Act of 1973, referred to in
    subsec. (b)(7), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as
    amended, which was classified generally to chapter 16A (Sec. 751 et
    seq.) of Title 15, Commerce and Trade, and was omitted from the
    Code pursuant to section 760g of Title 15, which provided for the
    expiration of the President's authority under that chapter on Sept.
    30, 1981.
      The antitrust laws, referred to in subsecs. (c)(3), (4)(B) and
    (f), are defined in section 1331 of this title.
      Section 8004(b)(1)(B) of the Outer Continental Shelf Lands Act
    Amendments of 1985, referred to in subsec. (g)(5)(A), is section
    8004(b)(1)(B) of Pub. L. 99-272, which is set out as a note below.
      The Deepwater Port Act of 1974, referred to in subsec. (p)(1), is
    Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as amended, which is
    classified principally to chapter 29 (Sec. 1501 et seq.) of Title
    33, Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1501 of Title 33 and Tables.
      The Ocean Thermal Energy Conversion Act of 1980, referred to in
    subsec. (p)(1), is Pub. L. 96-320, Aug. 3, 1980, 94 Stat. 974, as
    amended, which is classified principally to chapter 99 (Sec. 9101
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 9101 of Title 42 and Tables.
      Section 388(d) of the Energy Policy Act of 2005, referred to in
    subsec. (p)(3), is section 388(d) of Pub. L. 109-58, which is set
    out as a note under this section.

-COD-
                               CODIFICATION                           
      In subsec. (a)(3)(C)(ii), "section 702 of title 5" substituted
    for "section 10(a) of the Administrative Procedures Act (5 U.S.C.
    702)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80
    Stat. 631, the first section of which enacted Title 5, Government
    Organization and Employees.
      August 8, 2005, referred to in subsec. (p)(2)(B), was in the
    original "the date of enactment of this section", which was
    translated as meaning the date of enactment of Pub. L. 109-58,
    which enacted subsec. (p) of this section, to reflect the probable
    intent of Congress.

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Sec. 388(c), substituted "Leases,
    easements, and rights-of-way on the outer Continental Shelf" for
    "Grant of leases by Secretary" in section catchline.
      Subsec. (a)(3)(B). Pub. L. 109-58, Sec. 346, inserted "and in the
    Planning Areas offshore Alaska" after "West longitude" in
    introductory provisions.
      Subsec. (p). Pub. L. 109-58, Sec. 388(a), added subsec. (p).
      1999 - Subsec. (k)(2)(B). Pub. L. 106-53 substituted "a Federal,
    State, or local government agency" for "an agency of the Federal
    Government".
      1998 - Subsec. (a)(9). Pub. L. 105-362 struck out par. (9) which
    related to report to Congress by Secretary of Energy on bidding
    options for oil and gas leases on outer Continental Shelf land.
      1995 - Subsec. (a)(1)(H), (I). Pub. L. 104-58, Sec. 303, added
    subpar. (H) and redesignated former subpar. (H) as (I).
      Subsec. (a)(3). Pub. L. 104-58, Sec. 302, designated existing
    provisions as subpar. (A) and added subpars. (B) and (C).
      1994 - Subsec. (k). Pub. L. 103-426 designated existing
    provisions as par. (1) and added par. (2).
      1987 - Subsec. (g)(5)(A). Pub. L. 100-202 substituted "an escrow
    account established pursuant to an agreement under section 1336 of
    this title" for "such account" in second sentence, added cl. (i),
    designated existing indented par. as cl. (ii), substituted "a
    boundary" for "any boundary", "any additional moneys" for "all
    moneys", and inserted "or credited to" before "the escrow account".
      1986 - Subsec. (g)(1). Pub. L. 99-272 amended par. (1) generally.
    Prior to amendment, par. (1) read as follows: "At the time of
    soliciting nominations for the leasing of lands within three miles
    of the seaward boundary of any coastal State, the Secretary shall
    provide the Governor of such State - 
        "(A) an identification and schedule of the areas and regions
      proposed to be offered for leasing;
        "(B) all information concerning the geographical, geological,
      and ecological characteristics of such regions;
        "(C) an estimate of the oil and gas reserves in the areas
      proposed for leasing; and
        "(D) an identification of any field, geological structure, or
      trap located within three miles of the seaward boundary of such
      coastal State."
      Subsec. (g)(2). Pub. L. 99-272 amended par. (2) generally. Prior
    to amendment, par. (2) read as follows: "After receipt of
    nominations for any area of the outer Continental Shelf within
    three miles of the seaward boundary of any coastal State, the
    Secretary shall inform the Governor of such coastal State of any
    such area which the Secretary believes should be given further
    consideration for leasing. The Secretary, in consultation with the
    Governor of the coastal State, shall then, determine whether any
    such area may contain one or more oil or gas pools or fields
    underlying both the outer Continental Shelf and lands subject to
    the jurisdiction of such State. If, with respect to such area, the
    Secretary selects a tract or tracts which may contain one or more
    oil or gas pools or fields underlying both the outer Continental
    Shelf and lands subject to the jurisdiction of such State, the
    Secretary shall offer the Governor of such coastal State the
    opportunity to enter into an agreement concerning the disposition
    of revenues which may be generated by a Federal lease within such
    area in order to permit their fair and equitable division between
    the State and Federal Government."
      Subsec. (g)(3). Pub. L. 99-272 amended par. (3) generally. Prior
    to amendment, par. (3) read as follows: "Within ninety days after
    the offer by the Secretary pursuant to paragraph (2) of this
    subsection, the Governor shall elect whether to enter into such
    agreement and shall notify the Secretary of his decision. If the
    Governor accepts the offer, the terms of any lease issued shall be
    consistent with the provisions of this subchapter, with applicable
    regulations, and, to the maximum extent practicable, with the
    applicable laws of the coastal State. If the Governor declines the
    offer, or if the parties cannot agree to terms concerning the
    disposition of revenues from such lease (by the time the Secretary
    determines to offer the area for lease), the Secretary may
    nevertheless proceed with the leasing of the area."
      Subsec. (g)(4). Pub. L. 99-272 amended par. (4) generally. Prior
    to amendment, par. (4) read as follows: "Notwithstanding any other
    provision of this subchapter, the Secretary shall deposit in a
    separate account in the Treasury of the United States all bonuses,
    royalties, and other revenues attributable to oil and gas pools
    underlying both the outer Continental Shelf and submerged lands
    subject to the jurisdiction of any coastal State until such time as
    the Secretary and the Governor of such coastal State agree on, or
    if the Secretary and the Governor of such coastal State cannot
    agree, as a district court of the United States determines, the
    fair and equitable disposition of such revenues and any interest
    which has accrued and the proper rate of payments to be deposited
    in the treasuries of the Federal Government and such coastal
    State."
      Subsec. (g)(5) to (7). Pub. L. 99-272 added pars. (5) to (7).
      1978 - Subsec. (a). Pub. L. 95-372, Sec. 205(a), designated
    existing provisions as par. (1)(A) and (B), and in par. (1)(A) as
    so redesignated, struck out provisions which restricted authority
    of Secretary to grant oil and gas leases to situations involving
    the urgent need for further exploration and development of oil and
    gas deposits of the submerged lands of the outer Continental Shelf
    and inserted provisions permitting the promulgation of regulations
    for the deposit of cash bids in interest-bearing accounts until the
    Secretary announces his decision on whether to accept the bids with
    the earned interest paid either to the Treasury or to unsuccessful
    bidders, in par. (1)(B) as so redesignated, substituted provisions
    relating to variable royalty bids based on a per centum in amount
    or value of the production saved, removed, or sold, with either a
    fixed work commitment based on dollar amount covering exploration
    or a fixed cash bonus as determined by the Secretary or both for
    provisions relating to straight royalty bids at not less than 12
    1/2  per centum with a cash bonus fixed by the Secretary, and added
    pars. (1)(C) to (H) and pars. (2) to (9).
      Subsec. (b). Pub. L. 95-372, Sec. 205(a), redesignated cls. (1)
    to (4) as pars. (1), (2), (3), and (6) respectively, added pars.
    (4), (5), and (7), and in par. (1) as so redesignated, inserted
    provisions authorizing the Secretary to lease tracts larger than
    5760 acres if a larger area is necessary to comprise a reasonable
    economic production unit and in par. (2) as so redesignated,
    inserted provision to allow up to a 10 year initial period if the
    longer period is necessary to encourage exploration and development
    in areas because of unusually deep water or other unusually adverse
    conditions, and in par. (3) as so redesignated, substituted
    "payment of amount or value as determined by one of the bidding
    systems set forth in subsection (a) of this section" for "payment
    of a royalty of not less than 12 1/2  per centum, in the amount or
    value of the production saved, removed, or sold from the lease".
      Subsecs. (c) to (h). Pub. L. 95-372, Sec. 205(b), added subsecs.
    (c) to (h). Former subsecs. (c) to (h) redesignated (i) to (n).
      Subsec. (i). Pub. L. 95-372, Sec. 205(b), redesignated former
    subsec. (c) as (i). Former subsec. (i) redesignated (o).
      Subsec. (j). Pub. L. 95-372, Sec. 205(b), redesignated former
    subsec. (d) as (j). Former subsec. (j), which provided that any
    person complaining of the cancellation of a lease by the Secretary
    could have the Secretary's action reviewed in the United States
    District Court for the District of Columbia by filing a petition
    for review, was struck out. See section 1349 of this title.
      Subsecs. (k) to (o). Pub. L. 95-372, Sec. 205(b), redesignated
    former subsecs. (e) to (i) as (k) to (o), respectively.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                                REGULATIONS                            
      Section 305 of title III of Pub. L. 104-58 provided that: "The
    Secretary shall promulgate such rules and regulations as are
    necessary to implement the provisions of this title [amending this
    section and enacting provisions set out as notes under this
    section] within 180 days after the enactment of this Act [Nov. 28,
    1995]."

                             SAVINGS PROVISION                         
      Pub. L. 109-58, title III, Sec. 388(d), Aug. 8, 2005, 119 Stat.
    747, provided that: "Nothing in the amendment made by subsection
    (a) [amending this section] requires the resubmittal of any
    document that was previously submitted or the reauthorization of
    any action that was previously authorized with respect to a project
    for which, before the date of enactment of this Act [Aug. 8, 2005] -
     
        "(1) an offshore test facility has been constructed; or
        "(2) a request for a proposal has been issued by a public
      authority."
      Section 306 of title III of Pub. L. 104-58 provided that:
    "Nothing in this title [amending this section and enacting
    provisions set out as notes under this section] shall be construed
    to affect any offshore pre-leasing, leasing, or development
    moratorium, including any moratorium applicable to the Eastern
    Planning Area of the Gulf of Mexico located off the Gulf Coast of
    Florida."

-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
    treatment of references to Committee on Merchant Marine and
    Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
    preceding section 21 of Title 2, The Congress.

                           TRANSFER OF FUNCTIONS                       
      Functions vested in, or delegated to, Secretary of Energy and
    Department of Energy under or with respect to subsec. (a)(4) of
    this section, transferred to, and vested in, Secretary of the
    Interior, by section 100 of Pub. L. 97-257, 96 Stat. 841, set out
    as a note under section 7152 of Title 42, The Public Health and
    Welfare.
      Functions of Secretary of the Interior to promulgate regulations
    under this subchapter which relate to fostering of competition for
    Federal leases, implementation of alternative bidding systems
    authorized for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42. Section 7152(b)
    of Title 42 was repealed by Pub. L. 97-100, title II, Sec. 201,
    Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy
    returned to Secretary of the Interior. See House Report No. 97-315,
    pp. 25, 26, Nov. 5, 1981.

-MISC3-
                    COORDINATED OCS MAPPING INITIATIVE                
      Pub. L. 109-58, title III, Sec. 388(b), Aug. 8, 2005, 119 Stat.
    746, provided that:
      "(1) In general. - The Secretary of the Interior, in cooperation
    with the Secretary of Commerce, the Commandant of the Coast Guard,
    and the Secretary of Defense, shall establish an interagency
    comprehensive digital mapping initiative for the outer Continental
    Shelf to assist in decisionmaking relating to the siting of
    activities under subsection (p) of section 8 of the Outer
    Continental Shelf Lands Act (43 U.S.C. 1337) (as added by
    subsection (a)).
      "(2) Use of data. - The mapping initiative shall use, and develop
    procedures for accessing, data collected before the date on which
    the mapping initiative is established, to the maximum extent
    practicable.
      "(3) Inclusions. - Mapping carried out under the mapping
    initiative shall include an indication of the locations on the
    outer Continental Shelf of - 
        "(A) Federally-permitted activities;
        "(B) obstructions to navigation;
        "(C) submerged cultural resources;
        "(D) undersea cables;
        "(E) offshore aquaculture projects; and
        "(F) any area designated for the purpose of safety, national
      security, environmental protection, or conservation and
      management of living marine resources."

             STATE CLAIMS TO JURISDICTION OVER SUBMERGED LANDS         
      Pub. L. 109-58, title III, Sec. 388(e), Aug. 8, 2005, 119 Stat.
    747, provided that: "Nothing in this section [amending this section
    and enacting provisions set out as notes under this section] shall
    be construed to alter, limit, or modify any claim of any State to
    any jurisdiction over, or any right, title, or interest in, any
    submerged lands."

                     REIMBURSEMENT OF LOCAL INTERESTS                 
      Pub. L. 106-53, title II, Sec. 215(b)(2), Aug. 17, 1999, 113
    Stat. 293, provided that: "Any amounts paid by non-Federal
    interests for beach erosion control, hurricane protection, shore
    protection, or storm damage reduction projects as a result of an
    assessment under section 8(k) of the Outer Continental Shelf Lands
    Act (43 U.S.C. 1337(k)) shall be fully reimbursed."

                 FEES FOR ROYALTY RATE RELIEF APPLICATIONS             
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-166; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That
    beginning in fiscal year 1996 and thereafter, fees for royalty rate
    relief applications shall be established (and revised as needed) in
    Notices to Lessees, and shall be credited to this account in the
    program areas performing the function, and remain available until
    expended for the costs of administering the royalty rate relief
    authorized by 43 U.S.C. 1337(a)(3)".

                                LEASE SALES                            
      Section 304 of title III of Pub. L. 104-58 provided that: "For
    all tracts located in water depths of 200 meters or greater in the
    Western and Central Planning Area of the Gulf of Mexico, including
    that portion of the Eastern Planning Area of the Gulf of Mexico
    encompassing whole lease blocks lying west of 87 degrees, 30
    minutes West longitude, any lease sale within five years of the
    date of enactment of this title [Nov. 28, 1995], shall use the
    bidding system authorized in section 8(a)(1)(H) of the Outer
    Continental Shelf Lands Act, as amended by this title [43 U.S.C.
    1337(a)(1)(H)], except that the suspension of royalties shall be
    set at a volume of not less than the following:
        "(1) 17.5 million barrels of oil equivalent for leases in water
      depths of 200 to 400 meters;
        "(2) 52.5 million barrels of oil equivalent for leases in 400
      to 800 meters of water; and
        "(3) 87.5 million barrels of oil equivalent for leases in water
      depths greater than 800 meters."

                  DISTRIBUTION OF SECTION 1337(G) ACCOUNT              
      Section 8004 of title VIII of Pub. L. 99-272 provided that:
      "(a) Prior to April 15, 1986, the Secretary shall distribute to
    the designated coastal States the sum of - 
        "(1) the amounts due and payable to each such State under
      paragraph (2) of section 8(g) of the Outer Continental Shelf
      Lands Act, as amended by this title [43 U.S.C. 1337(g)(2)], for
      the period between October 1, 1985, and the date of such
      distribution, and
        "(2) the amounts due each such State under subsection (b)(1)(A)
      of this section for the period prior to October 1, 1985.
      "(b)(1) As a fair and equitable disposition of all revenues
    (including interest thereon) derived from any lease of Federal
    lands wholly or partially within 3 miles of the seaward boundary of
    a coastal State prior to October 1, 1985, the Secretary shall
    distribute:
        "(A) from the funds which were deposited in the separate
      account in the Treasury of the United States under section
      8(g)(4) of the Outer Continental Shelf Lands Act (43 U.S.C.
      1337(g)(4)) which was in effect prior to the date of enactment of
      section 8003 of this title [Apr. 7, 1986] the following sums:

                                                              ($ million)
        Louisiana                                      572                  
        Texas                                          382                  
        California                                     338                  
        Alabama                                         66                  
        Alaska                                          51                  
        Mississippi                                     14                  
        Florida                                         0.03                

      as well as 27 percent of the royalties, derived from any lease of
      Federal lands, which have been deposited through September 30,
      1985, in the separate account described in this paragraph and
      interest thereon accrued through September 30, 1985, and shall
      transmit any remaining amounts to the miscellaneous receipts
      account of the Treasury of the United States; and
        "(B) from revenues derived from any lease of Federal lands
      under the Outer Continental Shelf Lands Act, as amended [43
      U.S.C. 1331 et seq.], prior to April 15 of each of the fifteen
      fiscal years following the fiscal year in which this title is
      enacted, 3 percent of the following sums in each of the five
      fiscal years following the date of enactment of this Act [Apr. 7,
      1986], 7 percent of such sums in each of the next five fiscal
      years, and 10 percent of such sums in each of the following five
      fiscal years:

                                                              ($ million)
        Louisiana                                       84                  
        Texas                                          134                  
        California                                     289                  
        Alabama                                         7                   
        Alaska                                         134                  
        Mississippi                                     2.                  

      "(2) The acceptance of any payment by a State under this section
    shall satisfy and release any and all claims of such State against
    the United States arising under, or related to, section 8(g) of the
    Outer Continental Shelf Lands Act [43 U.S.C. 1337(g)], as it was in
    effect prior to the date of enactment of this Act [Apr. 7, 1986]
    and shall vest in such State the right to receive payments as set
    forth in this section.
      "(c) Notwithstanding any other provision of this Act, the amounts
    due and payable to the State of Louisiana prior to October 1, 1986,
    under subtitle A of title VIII (Outer Continental Shelf and Related
    Programs) of this Act [title VIII does not contain a subtitle A,
    see Short Title of 1986 Amendment note set out under section 1301
    of this title] shall remain in their separate accounts in the
    Treasury of the United States and continue to accrue interest until
    October 1, 1986, except that the $572,000,000 set forth in
    subsection 8004(b)(1)(A) of this section shall only accrue interest
    from April 15, 1986 to October 1, 1986, at which time the Secretary
    shall immediately distribute such sums with accrued interest to the
    State of Louisiana."

-FOOTNOTE-
    (!1) So in original. Probably should be "clause".

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1338                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1338. Disposition of revenues

-STATUTE-
      All rentals, royalties, and other sums paid to the Secretary or
    the Secretary of the Navy under any lease on the outer Continental
    Shelf for the period from June 5, 1950, to date, and thereafter
    shall be deposited in the Treasury of the United States and
    credited to miscellaneous receipts.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 9, 67 Stat. 469.)

-End-

-CITE-
    43 USC Sec. 1338a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1338a. Moneys received as a result of forfeiture by Outer
      Continental Shelf permittee, lessee, or right-of-way holder;
      return of excess amounts

-STATUTE-
      Notwithstanding section 3302 of title 31, any moneys on and after
    November 5, 1990, received as a result of the forfeiture of a bond
    or other security by an Outer Continental Shelf permittee, lessee,
    or right-of-way holder which does not fulfill the requirements of
    its permit, lease, or right-of-way or does not comply with the
    regulations of the Secretary shall be credited to the royalty and
    offshore minerals management account of the Minerals Management
    Service to cover the cost to the United States of any improvement,
    protection, or rehabilitation work rendered necessary by the action
    or inaction that led to the forfeiture, to remain available until
    expended: Provided further, That any portion of the moneys so
    credited shall be returned to the permittee, lessee, or right-of-
    way holder to the extent that the money is in excess of the amount
    expended in performing the work necessitated by the action or
    inaction which led to their receipt or, if the bond or security was
    forfeited for failure to pay the civil penalty, in excess of the
    civil penalty imposed.

-SOURCE-
    (Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1926; Pub. L.
    102-381, title I, Oct. 5, 1992, 106 Stat. 1386; Pub. L. 103-332,
    title I, Sept. 30, 1994, 108 Stat. 2508.)

-COD-
                               CODIFICATION                           
      Section enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 1991, and not as part of the
    Outer Continental Shelf Lands Act which comprises this subchapter.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-332 struck out "or payment of civil penalty"
    after "result of the forfeiture of a bond or other security",
    substituted "royalty and offshore minerals" for "leasing and
    royalty", and struck out "or imposition of the civil penalty" after
    "rendered necessary by the action or inaction that led to the
    forfeiture".
      1992 - Pub. L. 102-381 substituted "shall be credited to the
    leasing and royalty management account of the Minerals Management
    Service" for "shall be credited to this account".

-CHANGE-
                              CHANGE OF NAME                          
      Title I of Pub. L. 103-332, 108 Stat. 2508, provided in part:
    "That where the account title 'Leasing and Royalty Management'
    appears in any public law, the words 'Leasing and Royalty
    Management' beginning in fiscal year 1995 and thereafter shall be
    construed to mean 'Royalty and Offshore Minerals Management'."

-MISC2-
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Title I of Pub. L. 103-332, 108 Stat. 2508, provided that the
    amendment made by Pub. L. 103-332 substituting "royalty and
    offshore minerals" for "leasing and royalty" is effective beginning
    in fiscal year 1995 and thereafter.

-End-

-CITE-
    43 USC Sec. 1339                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1339. Repealed. Pub. L. 104-185, Sec. 8(b), Aug. 13, 1996, 110
      Stat. 1717

-MISC1-
      Section, act Aug. 7, 1953, ch. 345, Sec. 10, 67 Stat. 469,
    related to requirements for refund of excess payments.

                         EFFECTIVE DATE OF REPEAL                     
      Section 8(b) of Pub. L. 104-185 provided in part that the repeal
    of this section is effective Aug. 13, 1996.

                          APPLICABILITY OF REPEAL                      
      Repeal of section not applicable to any privately owned minerals
    or with respect to Indian lands, see sections 9 and 10 of Pub. L.
    104-185, set out as an Applicability of 1996 Amendment note under
    section 1701 of Title 30, Mineral Lands and Mining.

-End-

-CITE-
    43 USC Sec. 1340                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1340. Geological and geophysical explorations

-STATUTE-
    (a) Approved exploration plans
      (1) Any agency of the United States and any person authorized by
    the Secretary may conduct geological and geophysical explorations
    in the outer Continental Shelf, which do not interfere with or
    endanger actual operations under any lease maintained or granted
    pursuant to this subchapter, and which are not unduly harmful to
    aquatic life in such area.
      (2) The provisions of paragraph (1) of this subsection shall not
    apply to any person conducting explorations pursuant to an approved
    exploration plan on any area under lease to such person pursuant to
    the provisions of this subchapter.
    (b) Oil and gas exploration
      Except as provided in subsection (f) of this section, beginning
    ninety days after September 18, 1978, no exploration pursuant to
    any oil and gas lease issued or maintained under this subchapter
    may be undertaken by the holder of such lease, except in accordance
    with the provisions of this section.
    (c) Plan approval; State concurrence; plan provisions
      (1) Except as otherwise provided in this subchapter, prior to
    commencing exploration pursuant to any oil and gas lease issued or
    maintained under this subchapter, the holder thereof shall submit
    an exploration plan to the Secretary for approval. Such plan may
    apply to more than one lease held by a lessee in any one region of
    the outer Continental Shelf, or by a group of lessees acting under
    a unitization, pooling, or drilling agreement, and shall be
    approved by the Secretary if he finds that such plan is consistent
    with the provisions of this subchapter, regulations prescribed
    under this subchapter, including regulations prescribed by the
    Secretary pursuant to paragraph (8) of section 1334(a) of this
    title, and the provisions of such lease. The Secretary shall
    require such modifications of such plan as are necessary to achieve
    such consistency. The Secretary shall approve such plan, as
    submitted or modified, within thirty days of its submission, except
    that the Secretary shall disapprove such plan if he determines that
    (A) any proposed activity under such plan would result in any
    condition described in section 1334(a)(2)(A)(i) of this title, and
    (B) such proposed activity cannot be modified to avoid such
    condition. If the Secretary disapproves a plan under the preceding
    sentence, he may, subject to section 1334(a)(2)(B) of this title,
    cancel such lease and the lessee shall be entitled to compensation
    in accordance with the regulations prescribed under section
    1334(a)(2)(C)(i) or (ii) of this title.
      (2) The Secretary shall not grant any license or permit for any
    activity described in detail in an exploration plan and affecting
    any land use or water use in the coastal zone of a State with a
    coastal zone management program approved pursuant to section 1455
    of title 16, unless the State concurs or is conclusively presumed
    to concur with the consistency certification accompanying such plan
    pursuant to section 1456(c)(3)(B)(i) or (ii) of title 16, or the
    Secretary of Commerce makes the finding authorized by section
    1456(c)(3)(B)(iii) of title 16.
      (3) An exploration plan submitted under this subsection shall
    include, in the degree of detail which the Secretary may by
    regulation require - 
        (A) a schedule of anticipated exploration activities to be
      understaken; (!1)

        (B) a description of equipment to be used for such activities;
        (C) the general location of each well to be drilled; and
        (D) such other information deemed pertinent by the Secretary.

      (4) The Secretary may, by regulation, require that such plan be
    accompanied by a general statement of development and production
    intentions which shall be for planning purposes only and which
    shall not be binding on any party.
    (d) Drilling permit
      The Secretary may, by regulation, require any lessee operating
    under an approved exploration plan to obtain a permit prior to
    drilling any well in accordance with such plan.
    (e) Plan revisions; conduct of exploration activities
      (1) If a significant revision of an exploration plan approved
    under this subsection is submitted to the Secretary, the process to
    be used for the approval of such revision shall be the same as set
    forth in subsection (c) of this section.
      (2) All exploration activities pursuant to any lease shall be
    conducted in accordance with an approved exploration plan or an
    approved revision of such plan.
    (f) Drilling permits issued and exploration plans approved within
      90-day period after September 18, 1978
      (1) Exploration activities pursuant to any lease for which a
    drilling permit has been issued or for which an exploration plan
    has been approved, prior to ninety days after September 18, 1978,
    shall be considered in compliance with this section, except that
    the Secretary may, in accordance with section 1334(a)(1)(B) of this
    title, order a suspension or temporary prohibition of any
    exploration activities and require a revised exploration plan.
      (2) The Secretary may require the holder of a lease described in
    paragraph (1) of this subsection to supply a general statement in
    accordance with subsection (c)(4) of this section, or to submit
    other information.
      (3) Nothing in this subsection shall be construed to amend the
    terms of any permit or plan to which this subsection applies.
    (g) Determinations requisite to issuance of permits
      Any permit for geological explorations authorized by this section
    shall be issued only if the Secretary determines, in accordance
    with regulations issued by the Secretary, that - 
        (1) the applicant for such permit is qualified;
        (2) the exploration will not interfere with or endanger
      operations under any lease issued or maintained pursuant to this
      subchapter; and
        (3) such exploration will not be unduly harmful to aquatic life
      in the area, result in pollution, create hazardous or unsafe
      conditions, unreasonably interfere with other uses of the area,
      or disturb any site, structure, or object of historical or
      archeological significance.
    (h) Lands beneath navigable waters adjacent to Phillip Burton
      Wilderness
      The Secretary shall not issue a lease or permit for, or otherwise
    allow, exploration, development, or production activities within
    fifteen miles of the boundaries of the Phillip Burton Wilderness as
    depicted on a map entitled "Wilderness Plan, Point Reyes National
    Seashore", numbered 612-90,000-B and dated September 1976, unless
    the State of California issues a lease or permit for, or otherwise
    allows, exploration, development, or production activities on lands
    beneath navigable waters (as such term is defined in section 1301
    of this title) of such State which are adjacent to such Wilderness.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 11, 67 Stat. 469; Pub. L. 95-372,
    title II, Sec. 206, Sept. 18, 1978, 92 Stat. 647; Pub. L. 99-68,
    Sec. 1(c), July 19, 1985, 99 Stat. 166.)

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-372 designated existing provisions as subsec.
    (a)(1) and added subsecs. (a)(2) to (h).

-CHANGE-
                              CHANGE OF NAME                          
      "Phillip Burton Wilderness" was substituted for "Point Reyes
    Wilderness" in subsec. (h), pursuant to section 1(c) of Pub. L. 99-
    68.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this subchapter which relate to fostering of competition for
    Federal leases, implementation of alternative bidding systems
    authorized for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-FOOTNOTE-               

    (!1) So in original. Probably should be "undertaken;".

-End-

-CITE-
    43 USC Sec. 1341                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1341. Reservation of lands and rights

-STATUTE-
    (a) Withdrawal of unleased lands by President
      The President of the United States may, from time to time,
    withdraw from disposition any of the unleased lands of the outer
    Continental Shelf.
    (b) First refusal of mineral purchases
      In time of war, or when the President shall so prescribe, the
    United States shall have the right of first refusal to purchase at
    the market price all or any portion of any mineral produced from
    the outer Continental Shelf.
    (c) National security clause
      All leases issued under this subchapter, and leases, the
    maintenance and operation of which are authorized under this
    subchapter, shall contain or be construed to contain a provision
    whereby authority is vested in the Secretary, upon a recommendation
    of the Secretary of Defense, during a state of war or national
    emergency declared by the Congress or the President of the United
    States after August 7, 1953, to suspend operations under any lease;
    and all such leases shall contain or be construed to contain
    provisions for the payment of just compensation to the lessee whose
    operations are thus suspended.
    (d) National defense areas; suspension of operations; extension of
      leases
      The United States reserves and retains the right to designate by
    and through the Secretary of Defense, with the approval of the
    President, as areas restricted from exploration and operation that
    part of the outer Continental Shelf needed for national defense;
    and so long as such designation remains in effect no exploration or
    operations may be conducted on any part of the surface of such area
    except with the concurrence of the Secretary of Defense; and if
    operations or production under any lease theretofore issued on
    lands within any such restricted area shall be suspended, any
    payment of rentals, minimum royalty, and royalty prescribed by such
    lease likewise shall be suspended during such period of suspension
    of operation and production, and the term of such lease shall be
    extended by adding thereto any such suspension period, and the
    United States shall be liable to the lessee for such compensation
    as is required to be paid under the Constitution of the United
    States.
    (e) Source materials essential to production of fissionable
      materials
      All uranium, thorium, and all other materials determined pursuant
    to paragraph (1) of subsection (b) of section 5 of the Atomic
    Energy Act of 1946, as amended, to be peculiarly essential to the
    production of fissionable material, contained, in whatever
    concentration, in deposits in the subsoil or seabed of the outer
    Continental Shelf are reserved for the use of the United States.
    (f) Helium ownership; rules and regulations governing extraction
      The United States reserves and retains the ownership of and the
    right to extract all helium, under such rules and regulations as
    shall be prescribed by the Secretary, contained in gas produced
    from any portion of the outer Continental Shelf which may be
    subject to any lease maintained or granted pursuant to this
    subchapter, but the helium shall be extracted from such gas so as
    to cause no substantial delay in the delivery of gas produced to
    the purchaser of such gas.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 12, 67 Stat. 469.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Paragraph (1) of subsection (b) of section 5 of the Atomic Energy
    Act of 1946, as amended, referred to in subsec. (e), is par. (1) of
    section 5(b) of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was
    classified to section 1805 of Title 42, The Public Health and
    Welfare, prior to the general amendment of the Atomic Energy Act of
    1946 by act Aug. 30, 1954, ch. 1073, 68 Stat. 921. See section
    2014(z) of Title 42.

-MISC1-
                       KEY LARGO CORAL REEF PRESERVE                   
      Withdrawal of area designated Key Largo Coral Reef Preserve from
    disposition, see Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, set
    out as a note under section 461 of Title 16, Conservation.

-End-

-CITE-
    43 USC Sec. 1342                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1342. Prior claims as unaffected

-STATUTE-
      Nothing herein contained shall affect such rights, if any, as may
    have been acquired under any law of the United States by any person
    in lands subject to this subchapter and such rights, if any, shall
    be governed by the law in effect at the time they may have been
    acquired: Provided, however, That nothing herein contained is
    intended or shall be construed as a finding, interpretation, or
    construction by the Congress that the law under which such rights
    may be claimed in fact applies to the lands subject to this
    subchapter or authorizes or compels the granting of such rights in
    such lands, and that the determination of the applicability or
    effect of such law shall be unaffected by anything herein
    contained.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 14, 67 Stat. 470.)

-End-

-CITE-
    43 USC Sec. 1343                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1343. Repealed. Pub. L. 105-362, title IX, Sec. 901(l)(1),
      Nov. 10, 1998, 112 Stat. 3290

-MISC1-
      Section, acts Aug. 7, 1953, ch. 345, Sec. 15, 67 Stat. 470; Pub.
    L. 95-372, title II, Sec. 207, Sept. 18, 1978, 92 Stat. 648; Pub.
    L. 99-367, Sec. 2(a), July 31, 1986, 100 Stat. 774, related to
    Secretary's annual report to Congress concerning outer Continental
    Shelf leasing and production program and promotion of competition
    in leasing.

-End-

-CITE-
    43 USC Sec. 1344                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1344. Outer Continental Shelf leasing program

-STATUTE-
    (a) Schedule of proposed oil and gas lease sales
      The Secretary, pursuant to procedures set forth in subsections
    (c) and (d) of this section, shall prepare and periodically revise,
    and maintain an oil and gas leasing program to implement the
    policies of this subchapter. The leasing program shall consist of a
    schedule of proposed lease sales indicating, as precisely as
    possible, the size, timing, and location of leasing activity which
    he determines will best meet national energy needs for the five-
    year period following its approval or reapproval. Such leasing
    program shall be prepared and maintained in a manner consistent
    with the following principles:
        (1) Management of the outer Continental Shelf shall be
      conducted in a manner which considers economic, social, and
      environmental values of the renewable and nonrenewable resources
      contained in the outer Continental Shelf, and the potential
      impact of oil and gas exploration on other resource values of the
      outer Continental Shelf and the marine, coastal, and human
      environments.
        (2) Timing and location of exploration, development, and
      production of oil and gas among the oil- and gas-bearing
      physiographic regions of the outer Continental Shelf shall be
      based on a consideration of - 
          (A) existing information concerning the geographical,
        geological, and ecological characteristics of such regions;
          (B) an equitable sharing of developmental benefits and
        environmental risks among the various regions;
          (C) the location of such regions with respect to, and the
        relative needs of, regional and national energy markets;
          (D) the location of such regions with respect to other uses
        of the sea and seabed, including fisheries, navigation,
        existing or proposed sealanes, potential sites of deepwater
        ports, and other anticipated uses of the resources and space of
        the outer Continental Shelf;
          (E) the interest of potential oil and gas producers in the
        development of oil and gas resources as indicated by
        exploration or nomination;
          (F) laws, goals, and policies of affected States which have
        been specifically identified by the Governors of such States as
        relevant matters for the Secretary's consideration;
          (G) the relative environmental sensitivity and marine
        productivity of different areas of the outer Continental Shelf;
        and
          (H) relevant environmental and predictive information for
        different areas of the outer Continental Shelf.

        (3) The Secretary shall select the timing and location of
      leasing, to the maximum extent practicable, so as to obtain a
      proper balance between the potential for environmental damage,
      the potential for the discovery of oil and gas, and the potential
      for adverse impact on the coastal zone.
        (4) Leasing activities shall be conducted to assure receipt of
      fair market value for the lands leased and the rights conveyed by
      the Federal Government.
    (b) Estimates of appropriations and staff required for management
      of leasing program
      The leasing program shall include estimates of the appropriations
    and staff required to - 
        (1) obtain resource information and any other information
      needed to prepare the leasing program required by this section;
        (2) analyze and interpret the exploratory data and any other
      information which may be compiled under the authority of this
      subchapter;
        (3) conduct environmental studies and prepare any environmental
      impact statement required in accordance with this subchapter and
      with section 4332(2)(C) of title 42; and
        (4) supervise operations conducted pursuant to each lease in
      the manner necessary to assure due diligence in the exploration
      and development of the lease area and compliance with the
      requirements of applicable law and regulations, and with the
      terms of the lease.
    (c) Suggestions from Federal agencies and affected State and local
      governments; submission of proposed program to Governors of
      affected States and Congress; publication in Federal Register
      (1) During the preparation of any proposed leasing program under
    this section, the Secretary shall invite and consider suggestions
    for such program from any interested Federal agency, including the
    Attorney General, in consultation with the Federal Trade
    Commission, and from the Governor of any State which may become an
    affected State under such proposed program. The Secretary may also
    invite or consider any suggestions from the executive of any
    affected local government in such an affected State, which have
    been previously submitted to the Governor of such State, and from
    any other person.
      (2) After such preparation and at least sixty days prior to
    publication of a proposed leasing program in the Federal Register
    pursuant to paragraph (3) of this subsection, the Secretary shall
    submit a copy of such proposed program to the Governor of each
    affected State for review and comment. The Governor may solicit
    comments from those executives of local governments in his State
    which he, in his discretion, determines will be affected by the
    proposed program. If any comment by such Governor is received by
    the Secretary at least fifteen days prior to submission to the
    Congress pursuant to such paragraph (3) and includes a request for
    any modification of such proposed program, the Secretary shall
    reply in writing, granting or denying such request in whole or in
    part, or granting such request in such modified form as the
    Secretary considers appropriate, and stating his reasons therefor.
    All such correspondence between the Secretary and the Governor of
    any affected State, together with any additional information and
    data relating thereto, shall accompany such proposed program when
    it is submitted to the Congress.
      (3) Within nine months after September 18, 1978, the Secretary
    shall submit a proposed leasing program to the Congress, the
    Attorney General, and the Governors of affected States, and shall
    publish such proposed program in the Federal Register. Each
    Governor shall, upon request, submit a copy of the proposed leasing
    program to the executive of any local government affected by the
    proposed program.
    (d) Comments by Attorney General on anticipated effect on
      competition; comments by State or local governments; submission
      of program to President and Congress; issuance of leases in
      accordance with program
      (1) Within ninety days after the date of publication of a
    proposed leasing program, the Attorney General may, after
    consultation with the Federal Trade Commission, submit comments on
    the anticipated effects of such proposed program upon competition.
    Any State, local government, or other person may submit comments
    and recommendations as to any aspect of such proposed program.
      (2) At least sixty days prior to approving a proposed leasing
    program, the Secretary shall submit it to the President and the
    Congress, together with any comments received. Such submission
    shall indicate why any specific recommendation of the Attorney
    General or a State or local government was not accepted.
      (3) After the leasing program has been approved by the Secretary,
    or after eighteen months following September 18, 1978, whichever
    first occurs, no lease shall be issued unless it is for an area
    included in the approved leasing program and unless it contains
    provisions consistent with the approved leasing program, except
    that leasing shall be permitted to continue until such program is
    approved and for so long thereafter as such program is under
    judicial or administrative review pursuant to the provisions of
    this subchapter.
    (e) Review, revision, and reapproval of program
      The Secretary shall review the leasing program approved under
    this section at least once each year. He may revise and reapprove
    such program, at any time, and such revision and reapproval, except
    in the case of a revision which is not significant, shall be in the
    same manner as originally developed.
    (f) Procedural regulations for management of program
      The Secretary shall, by regulation, establish procedures for - 
        (1) receipt and consideration of nominations for any area to be
      offered for lease or to be excluded from leasing;
        (2) public notice of and participation in development of the
      leasing program;
        (3) review by State and local governments which may be impacted
      by the proposed leasing;
        (4) periodic consultation with State and local governments, oil
      and gas lessees and permittees, and representatives of other
      individuals or organizations engaged in activity in or on the
      outer Continental Shelf, including those involved in fish and
      shellfish recovery, and recreational activities; and
        (5) consideration of the coastal zone management program being
      developed or administered by an affected coastal State pursuant
      to section 1454 or section 1455 of title 16.

    Such procedures shall be applicable to any significant revision or
    reapproval of the leasing program.
    (g) Information from public and private sources; confidentiality of
      classified or privileged data
      The Secretary may obtain from public sources, or purchase from
    private sources, any survey, data, report, or other information
    (including interpretations of such data, survey, report, or other
    information) which may be necessary to assist him in preparing any
    environmental impact statement and in making other evaluations
    required by this subchapter. Data of a classified nature provided
    to the Secretary under the provisions of this subsection shall
    remain confidential for such period of time as agreed to by the
    head of the department or agency from whom the information is
    requested. The Secretary shall maintain the confidentiality of all
    privileged or proprietary data or information for such period of
    time as is provided for in this subchapter, established by
    regulation, or agreed to by the parties.
    (h) Information from all Federal departments and agencies;
      confidentiality of privileged or proprietary information
      The heads of all Federal departments and agencies shall provide
    the Secretary with any nonpriviledged (!1) or nonproprietary
    information he requests to assist him in preparing the leasing
    program and may provide the Secretary with any privileged or
    proprietary information he requests to assist him in preparing the
    leasing program. Privileged or proprietary information provided to
    the Secretary under the provisions of this subsection shall remain
    confidential for such period of time as agreed to by the head of
    the department or agency from whom the information is requested. In
    addition, the Secretary shall utilize the existing capabilities and
    resources of such Federal departments and agencies by appropriate
    agreement.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 18, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 649.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Interior to promulgate regulations
    under this subchapter which relate to fostering of competition for
    Federal leases, implementation of alternative bidding systems
    authorized for award of Federal leases, establishment of diligence
    requirements for operations conducted on Federal leases, setting of
    rates for production of Federal leases, and specifying of
    procedures, terms, and conditions for acquisition and disposition
    of Federal royalty interests taken in kind, transferred to
    Secretary of Energy by section 7152(b) of Title 42, The Public
    Health and Welfare. Section 7152(b) of Title 42 was repealed by
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407,
    and functions of Secretary of Energy returned to Secretary of the
    Interior. See House Report No. 97-315, pp. 25, 26, Nov. 5, 1981.

-FOOTNOTE-
    (!1) So in original. Probably should be "nonprivileged".

-End-

-CITE-
    43 USC Sec. 1345                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1345. Coordination and consultation with affected State and
      local governments

-STATUTE-
    (a) Recommendations regarding size, time, or location of proposed
      lease sales
      Any Governor of any affected State or the executive of any
    affected local government in such State may submit recommendations
    to the Secretary regarding the size, timing, or location of a
    proposed lease sale or with respect to a proposed development and
    production plan. Prior to submitting recommendations to the
    Secretary, the executive of any affected local government in any
    affected State must forward his recommendations to the Governor of
    such State.
    (b) Time for submission of recommendations
      Such recommendations shall be submitted within sixty days after
    notice of such proposed lease sale or after receipt of such
    development and production plan.
    (c) Acceptance or rejection of recommendations
      The Secretary shall accept recommendations of the Governor and
    may accept recommendations of the executive of any affected local
    government if he determines, after having provided the opportunity
    for consultation, that they provide for a reasonable balance
    between the national interest and the well-being of the citizens of
    the affected State. For purposes of this subsection, a
    determination of the national interest shall be based on the
    desirability of obtaining oil and gas supplies in a balanced manner
    and on the findings, purposes, and policies of this subchapter. The
    Secretary shall communicate to the Governor, in writing, the
    reasons for his determination to accept or reject such Governor's
    recommendations, or to implement any alternative means identified
    in consultation with the Governor to provide for a reasonable
    balance between the national interest and the well-being of the
    citizens of the affected State.
    (d) Finality of acceptance or rejection of recommendations
      The Secretary's determination that recommendations provide, or do
    not provide, for a reasonable balance between the national interest
    and the well-being of the citizens of the affected State shall be
    final and shall not, alone, be a basis for invalidation of a
    proposed lease sale or a proposed development and production plan
    in any suit or judicial review pursuant to section 1349 of this
    title, unless found to be arbitrary or capricious.
    (e) Cooperative agreements
      The Secretary is authorized to enter into cooperative agreements
    with affected States for purposes which are consistent with this
    subchapter and other applicable Federal law. Such agreements may
    include, but need not be limited to, the sharing of information (in
    accordance with the provisions of section 1352 of this title), the
    joint utilization of available expertise, the facilitating of
    permitting procedures, joint planning and review, and the formation
    of joint surveillance and monitoring arrangements to carry out
    applicable Federal and State laws, regulations, and stipulations
    relevant to outer Continental Shelf operations both onshore and
    offshore.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 19, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 652.)

-End-

-CITE-
    43 USC Sec. 1346                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1346. Environmental studies

-STATUTE-
    (a) Information for assessment and management of impacts on
      environment; time for study; impacts on marine biota from
      pollution or large spills
      (1) The Secretary shall conduct a study of any area or region
    included in any oil and gas lease sale or other lease in order to
    establish information needed for assessment and management of
    environmental impacts on the human, marine, and coastal
    environments of the outer Continental Shelf and the coastal areas
    which may be affected by oil and gas or other mineral development
    in such area or region.
      (2) Each study required by paragraph (1) of this subsection shall
    be commenced not later than six months after September 18, 1978,
    with respect to any area or region where a lease sale has been held
    or announced by publication of a notice of proposed lease sale
    before September 18, 1978, and not later than six months prior to
    the holding of a lease sale with respect to any area or region
    where no lease sale has been held or scheduled before September 18,
    1978. In the case of an agreement under section 1337(k)(2) of this
    title, each study required by paragraph (1) of this subsection
    shall be commenced not later than 6 months prior to commencing
    negotiations for such agreement or the entering into the memorandum
    of agreement as the case may be. The Secretary may utilize
    information collected in any study prior to September 18, 1978.
      (3) In addition to developing environmental information, any
    study of an area or region, to the extent practicable, shall be
    designed to predict impacts on the marine biota which may result
    from chronic low level pollution or large spills associated with
    outer Continental Shelf production, from the introduction of drill
    cuttings and drilling muds in the area, and from the laying of pipe
    to serve the offshore production area, and the impacts of
    development offshore on the affected and coastal areas.
    (b) Additional studies subsequent to leasing and development of
      area
      Subsequent to the leasing and developing of any area or region,
    the Secretary shall conduct such additional studies to establish
    environmental information as he deems necessary and shall monitor
    the human, marine, and coastal environments of such area or region
    in a manner designed to provide time-series and data trend
    information which can be used for comparison with any previously
    collected data for the purpose of identifying any significant
    changes in the quality and productivity of such environments, for
    establishing trends in the areas studied and monitored, and for
    designing experiments to identify the causes of such changes.
    (c) Procedural regulations for conduct of studies; cooperation with
      affected States; utilization of information from Federal, State
      and local governments and agencies
      The Secretary shall, by regulation, establish procedures for
    carrying out his duties under this section, and shall plan and
    carry out such duties in full cooperation with affected States. To
    the extent that other Federal agencies have prepared environmental
    impact statements, are conducting studies, or are monitoring the
    affected human, marine, or coastal environment, the Secretary may
    utilize the information derived therefrom in lieu of directly
    conducting such activities. The Secretary may also utilize
    information obtained from any State or local government, or from
    any person, for the purposes of this section. For the purpose of
    carrying out his responsibilities under this section, the Secretary
    may by agreement utilize, with or without reimbursement, the
    services, personnel, or facilities of any Federal, State, or local
    government agency.
    (d) Consideration of relevant environmental information in
      developing regulations, lease conditions and operating orders
      The Secretary shall consider available relevant environmental
    information in making decisions (including those relating to
    exploration plans, drilling permits, and development and production
    plans), in developing appropriate regulations and lease conditions,
    and in issuing operating orders.
    (e) Assessment of cumulative effects of activities on environment;
      submission to Congress
      As soon as practicable after the end of every 3 fiscal years, the
    Secretary shall submit to the Congress and make available to the
    general public an assessment of the cumulative effect of activities
    conducted under this subchapter on the human, marine, and coastal
    environments.
    (f) Utilization of capabilities of Department of Commerce
      In executing his responsibilities under this section, the
    Secretary shall, to the maximum extent practicable, enter into
    appropriate arrangements to utilize on a reimbursable basis the
    capabilities of the Department of Commerce. In carrying out such
    arrangements, the Secretary of Commerce is authorized to enter into
    contracts or grants with any person, organization, or entity with
    funds appropriated to the Secretary of the Interior pursuant to
    this subchapter.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 20, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 653; amended Pub. L. 103-426,
    Sec. 1(b), Oct. 31, 1994, 108 Stat. 4371; Pub. L. 104-66, title I,
    Sec. 1082(b), Dec. 21, 1995, 109 Stat. 722.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (e). Pub. L. 104-66 substituted "every 3 fiscal
    years" for "each fiscal year".
      1994 - Subsec. (a)(1). Pub. L. 103-426, Sec. 1(b)(1), inserted
    "or other lease" after "any oil and gas lease sale" and "or other
    mineral" after "affected by oil and gas".
      Subsec. (a)(2). Pub. L. 103-426, Sec. 1(b)(2), inserted before
    last sentence "In the case of an agreement under section 1337(k)(2)
    of this title, each study required by paragraph (1) of this
    subsection shall be commenced not later than 6 months prior to
    commencing negotiations for such agreement or the entering into the
    memorandum of agreement as the case may be."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 15th item on page 111 identifies a reporting provision
    which, as subsequently amended, is contained in subsec. (e) of this
    section), see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance.

-End-

-CITE-
    43 USC Sec. 1347                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1347. Safety and health regulations

-STATUTE-
    (a) Joint study of adequacy of existing safety and health
      regulations; submission to President and Congress
      Upon September 18, 1978, the Secretary and the Secretary of the
    Department in which the Coast Guard is operating shall, in
    consultation with each other and, as appropriate, with the heads of
    other Federal departments and agencies, promptly commence a joint
    study of the adequacy of existing safety and health regulations and
    of the technology, equipment, and techniques available for the
    exploration, development, and production of the minerals of the
    outer Continental Shelf. The results of such study shall be
    submitted to the President who shall submit a plan to the Congress
    of his proposals to promote safety and health in the exploration,
    development, and production of the minerals of the outer
    Continental Shelf.
    (b) Use of best available and safest economically feasible
      technologies
      In exercising their respective responsibilities for the
    artificial islands, installations, and other devices referred to in
    section 1333(a)(1) of this title, the Secretary, and the Secretary
    of the Department in which the Coast Guard is operating, shall
    require, on all new drilling and production operations and,
    wherever practicable, on existing operations, the use of the best
    available and safest technologies which the Secretary determines to
    be economically feasible, wherever failure of equipment would have
    a significant effect on safety, health, or the environment, except
    where the Secretary determines that the incremental benefits are
    clearly insufficient to justify the incremental costs of utilizing
    such technologies.
    (c) Regulations applying to unregulated hazardous working
      conditions
      The Secretary of the Department in which the Coast Guard is
    operating shall promulgate regulations or standards applying to
    unregulated hazardous working conditions related to activities on
    the outer Continental Shelf when he determines such regulations or
    standards are necessary. The Secretary of the Department in which
    the Coast Guard is operating may from time to time modify any
    regulations, interim or final, dealing with hazardous working
    conditions on the outer Continental Shelf.
    (d) Application of other laws
      Nothing in this subchapter shall affect the authority provided by
    law to the Secretary of Labor for the protection of occupational
    safety and health, the authority provided by law to the
    Administrator of the Environmental Protection Agency for the
    protection of the environment, or the authority provided by law to
    the Secretary of Transportation with respect to pipeline safety.
    (e) Studies of underwater diving techniques and equipment
      The Secretary of Commerce, in cooperation with the Secretary of
    the Department in which the Coast Guard is operating, and the
    Director of the National Institute of Occupational Safety and
    Health, shall conduct studies of underwater diving techniques and
    equipment suitable for protection of human safety and improvement
    of diver performance. Such studies shall include, but need not be
    limited to, decompression and excursion table development and
    improvement and all aspects of diver physiological restraints and
    protective gear for exposure to hostile environments.
    (f) Coordination and consultation with Federal departments and
      agencies; availability to interested persons of compilation of
      safety regulations
      (1) In administering the provisions of this section, the
    Secretary shall consult and coordinate with the heads of other
    appropriate Federal departments and agencies for purposes of
    assuring that, to the maximum extent practicable, inconsistent or
    duplicative requirements are not imposed.
      (2) The Secretary shall make available to any interested person a
    compilation of all safety and other regulations which are prepared
    and promulgated by any Federal department or agency and applicable
    to activities on the outer Continental Shelf. Such compilation
    shall be revised and updated annually.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 21, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 654.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    43 USC Sec. 1348                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1348. Enforcement of safety and environmental regulations

-STATUTE-
    (a) Utilization of Federal departments and agencies
      The Secretary, the Secretary of the Department in which the Coast
    Guard is operating, and the Secretary of the Army shall enforce
    safety and environmental regulations promulgated pursuant to this
    subchapter. Each such Federal department may by agreement utilize,
    with or without reimbursement, the services, personnel, or
    facilities of other Federal departments and agencies for the
    enforcement of their respective regulations.
    (b) Duties of holders of lease or permit
      It shall be the duty of any holder of a lease or permit under
    this subchapter to - 
        (1) maintain all places of employment within the lease area or
      within the area covered by such permit in compliance with
      occupational safety and health standards and, in addition, free
      from recognized hazards to employees of the lease holder or
      permit holder or of any contractor or subcontractor operating
      within such lease area or within the area covered by such permit
      on the outer Continental Shelf;
        (2) maintain all operations within such lease area or within
      the area covered by such permit in compliance with regulations
      intended to protect persons, property, and the environment on the
      outer Continental Shelf; and
        (3) allow prompt access, at the site of any operation subject
      to safety regulations, to any inspector, and to provide such
      documents and records which are pertinent to occupational or
      public health, safety, or environmental protection, as may be
      requested.
    (c) Onsite inspection of facilities
      The Secretary and the Secretary of the Department in which the
    Coast Guard is operating shall individually, or jointly if they so
    agree, promulgate regulations to provide for - 
        (1) scheduled onsite inspection, at least once a year, of each
      facility on the outer Continental Shelf which is subject to any
      environmental or safety regulation promulgated pursuant to this
      subchapter, which inspection shall include all safety equipment
      designed to prevent or ameliorate blowouts, fires, spillages, or
      other major accidents; and
        (2) periodic onsite inspection without advance notice to the
      operator of such facility to assure compliance with such
      environmental or safety regulations.
    (d) Investigation and report on major fires, oil spills, death, or
      serious injury
      (1) The Secretary or the Secretary of the Department in which the
    Coast Guard is operating shall make an investigation and public
    report on each major fire and each major oil spillage occurring as
    a result of operations conducted pursuant to this subchapter, and
    may, in his discretion, make an investigation and report of lesser
    oil spillages. For purposes of this subsection, a major oil
    spillage is any spillage in one instance of more than two hundred
    barrels of oil during a period of thirty days. All holders of
    leases or permits issued or maintained under this subchapter shall
    cooperate with the appropriate Secretary in the course of any such
    investigation.
      (2) The Secretary or the Secretary of the Department in which the
    Coast Guard is operating shall make an investigation and public
    report on any death or serious injury occurring as a result of
    operations conducted pursuant to this subchapter, and may, in his
    discretion, make an investigation and report of any injury. For
    purposes of this subsection, a serious injury is one resulting in
    substantial impairment of any bodily unit or function. All holders
    of leases or permits issued or maintained under this subchapter
    shall cooperate with the appropriate Secretary in the course of any
    such investigation.
    (e) Review of allegations of violations
      The Secretary, or, in the case of occupational safety and health,
    the Secretary of the Department in which the Coast Guard is
    operating, may review any allegation from any person of the
    existence of a violation of a safety regulation issued under this
    subchapter.
    (f) Summoning of witnesses and production of evidence
      In any investigation conducted pursuant to this section, the
    Secretary or the Secretary of the Department in which the Coast
    Guard is operating shall have power to summon witnesses and to
    require the production of books, papers, documents, and any other
    evidence. Attendance of witnesses or the production of books,
    papers, documents, or any other evidence shall be compelled by a
    similar process, as in the district courts of the United States.
    Such Secretary, or his designee, shall administer all necessary
    oaths to any witnesses summoned before such investigation.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 22, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 655; amended Pub. L. 105-362,
    title IX, Sec. 901(l)(2), Nov. 10, 1998, 112 Stat. 3290.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (g). Pub. L. 105-362 struck out subsec. (g) which
    read as follows: "The Secretary shall, after consultation with the
    Secretary of the Department in which the Coast Guard is operating,
    include in his annual report to the Congress required by section
    1343 of this title the number of violations of safety regulations
    reported or alleged, any investigations undertaken, the results of
    such investigations, and any administrative or judicial action
    taken as a result of such investigations, and the results of the
    diving studies conducted under section 1347(e) of this title."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-MISC2-
     REPORT AND RECOMMENDATIONS BY SECRETARY TO CONGRESS FOR TRAINING
                                  PROGRAM
      Pub. L. 95-372, title VI, Sec. 607, Sept. 18, 1978, 92 Stat. 697,
    required the Secretary of the Interior, in consultation with the
    Secretary of the Department in which the Coast Guard is operating,
    not later than ninety days after Sept. 18, 1978, to prepare and
    submit to the Congress a training program report concerning
    individuals employed on any artificial island, installation, or
    other device located on the Outer Continental Shelf and who, as
    part of their employment, operate or supervise the operation of
    pollution-prevention equipment.

-End-

-CITE-
    43 USC Sec. 1349                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1349. Citizens suits, jurisdiction and judicial review

-STATUTE-
    (a) Persons who may bring actions; persons against whom action may
      be brought; time of action; intervention by Attorney General;
      costs and fees; security
      (1) Except as provided in this section, any person having a valid
    legal interest which is or may be adversely affected may commence a
    civil action on his own behalf to compel compliance with this
    subchapter against any person, including the United States, and any
    other government instrumentality or agency (to the extent permitted
    by the eleventh amendment to the Constitution) for any alleged
    violation of any provision of this subchapter or any regulation
    promulgated under this subchapter, or of the terms of any permit or
    lease issued by the Secretary under this subchapter.
      (2) Except as provided in paragraph (3) of this subsection, no
    action may be commenced under subsection (a)(1) of this section - 
        (A) prior to sixty days after the plaintiff has given notice of
      the alleged violation, in writing under oath, to the Secretary
      and any other appropriate Federal official, to the State in which
      the violation allegedly occurred or is occurring, and to any
      alleged violator; or
        (B) if the Attorney General has commenced and is diligently
      prosecuting a civil action in a court of the United States or a
      State with respect to such matter, but in any such action in a
      court of the United States any person having a legal interest
      which is or may be adversely affected may intervene as a matter
      of right.

      (3) An action may be brought under this subsection immediately
    after notification of the alleged violation in any case in which
    the alleged violation constitutes an imminent threat to the public
    health or safety or would immediately affect a legal interest of
    the plaintiff.
      (4) In any action commenced pursuant to this section, the
    Attorney General, upon the request of the Secretary or any other
    appropriate Federal official, may intervene as a matter of right.
      (5) A court, in issuing any final order in any action brought
    pursuant to subsection (a)(1) or subsection (c) of this section,
    may award costs of litigation, including reasonable attorney and
    expert witness fees, to any party, whenever such court determines
    such award is appropriate. The court may, if a temporary
    restraining order or preliminary injunction is sought, require the
    filing of a bond or equivalent security in a sufficient amount to
    compensate for any loss or damage suffered, in accordance with the
    Federal Rules of Civil Procedure.
      (6) Except as provided in subsection (c) of this section, all
    suits challenging actions or decisions allegedly in violation of,
    or seeking enforcement of, the provisions of this subchapter, or
    any regulation promulgated under this subchapter, or the terms of
    any permit or lease issued by the Secretary under this subchapter,
    shall be undertaken in accordance with the procedures described in
    this subsection. Nothing in this section shall restrict any right
    which any person or class of persons may have under any other Act
    or common law to seek appropriate relief.
    (b) Jurisdiction and venue of actions
      (1) Except as provided in subsection (c) of this section, the
    district courts of the United States shall have jurisdiction of
    cases and controversies arising out of, or in connection with (A)
    any operation conducted on the outer Continental Shelf which
    involves exploration, development, or production of the minerals,
    of the subsoil and seabed of the outer Continental Shelf, or which
    involves rights to such minerals, or (B) the cancellation,
    suspension, or termination of a lease or permit under this
    subchapter. Proceedings with respect to any such case or
    controversy may be instituted in the judicial district in which any
    defendant resides or may be found, or in the judicial district of
    the State nearest the place the cause of action arose.
      (2) Any resident of the United States who is injured in any
    manner through the failure of any operator to comply with any rule,
    regulation, order, or permit issued pursuant to this subchapter may
    bring an action for damages (including reasonable attorney and
    expert witness fees) only in the judicial district having
    jurisdiction under paragraph (1) of this subsection.
    (c) Review of Secretary's approval of leasing program; review of
      approval, modification or disapproval of exploration or
      production plan; persons who may seek review; scope of review;
      certiorari to Supreme Court
      (1) Any action of the Secretary to approve a leasing program
    pursuant to section 1344 of this title shall be subject to judicial
    review only in the United States Court of Appeal (!1) for the
    District of Columbia.

      (2) Any action of the Secretary to approve, require modification
    of, or disapprove any exploration plan or any development and
    production plan under this subchapter shall be subject to judicial
    review only in a United States court of appeals for a circuit in
    which an affected State is located.
      (3) The judicial review specified in paragraphs (1) and (2) of
    this subsection shall be available only to a person who (A)
    participated in the administrative proceedings related to the
    actions specified in such paragraphs, (B) is adversely affected or
    aggrieved by such action, (C) files a petition for review of the
    Secretary's action within sixty days after the date of such action,
    and (D) promptly transmits copies of the petition to the Secretary
    and to the Attorney General.
      (4) Any action of the Secretary specified in paragraph (1) or (2)
    shall only be subject to review pursuant to the provisions of this
    subsection, and shall be specifically excluded from citizen suits
    which are permitted pursuant to subsection (a) of this section.
      (5) The Secretary shall file in the appropriate court the record
    of any public hearings required by this subchapter and any
    additional information upon which the Secretary based his decision,
    as required by section 2112 of title 28. Specific objections to the
    action of the Secretary shall be considered by the court only if
    the issues upon which such objections are based have been submitted
    to the Secretary during the administrative proceedings related to
    the actions involved.
      (6) The court of appeals conducting a proceeding pursuant to this
    subsection shall consider the matter under review solely on the
    record made before the Secretary. The findings of the Secretary, if
    supported by substantial evidence on the record considered as a
    whole, shall be conclusive. The court may affirm, vacate, or modify
    any order or decision or may remand the proceedings to the
    Secretary for such further action as it may direct.
      (7) Upon the filing of the record with the court, pursuant to
    paragraph (5), the jurisdiction of the court shall be exclusive and
    its judgment shall be final, except that such judgment shall be
    subject to review by the Supreme Court of the United States upon
    writ of certiorari.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 23, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 657; amended Pub. L. 98-620,
    title IV, Sec. 402(44), Nov. 8, 1984, 98 Stat. 3360.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (a)(5), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (d). Pub. L. 98-620 struck out subsec. (d) which
    provided that except as to causes of action considered by the court
    to be of greater importance, any action under this section would
    take precedence on the docket over all other causes of action and
    would be set for hearing at the earliest practical date and
    expedited in every way.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

-FOOTNOTE-
    (!1) So in original. Probably should be "Appeals".

-End-

-CITE-
    43 USC Sec. 1350                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1350. Remedies and penalties

-STATUTE-
    (a) Injunctions, restraining orders, etc.
      At the request of the Secretary, the Secretary of the Army, or
    the Secretary of the Department in which the Coast Guard is
    operating, the Attorney General or a United States attorney shall
    institute a civil action in the district court of the United States
    for the district in which the affected operation is located for a
    temporary restraining order, injunction, or other appropriate
    remedy to enforce any provision of this subchapter, any regulation
    or order issued under this subchapter, or any term of a lease,
    license, or permit issued pursuant to this subchapter.
    (b) Civil penalties; hearing
      (1) Except as provided in paragraph (2), if any person fails to
    comply with any provision of this subchapter, or any term of a
    lease, license, or permit issued pursuant to this subchapter, or
    any regulation or order issued under this subchapter, after notice
    of such failure and expiration of any reasonable period allowed for
    corrective action, such person shall be liable for a civil penalty
    of not more than $20,000 for each day of the continuance of such
    failure. The Secretary may assess, collect, and compromise any such
    penalty. No penalty shall be assessed until the person charged with
    a violation has been given an opportunity for a hearing. The
    Secretary shall, by regulation at least every 3 years, adjust the
    penalty specified in this paragraph to reflect any increases in the
    Consumer Price Index (all items, United States city average) as
    prepared by the Department of Labor.
      (2) If a failure described in paragraph (1) constitutes or
    constituted a threat of serious, irreparable, or immediate harm or
    damage to life (including fish and other aquatic life), property,
    any mineral deposit, or the marine, coastal, or human environment,
    a civil penalty may be assessed without regard to the requirement
    of expiration of a period allowed for corrective action.
    (c) Criminal penalties
      Any person who knowingly and willfully (1) violates any provision
    of this subchapter, any term of a lease, license, or permit issued
    pursuant to this subchapter, or any regulation or order issued
    under the authority of this subchapter designed to protect health,
    safety, or the environment or conserve natural resources, (2) makes
    any false statement, representation, or certification in any
    application, record, report, or other document filed or required to
    be maintained under this subchapter, (3) falsifies, tampers with,
    or renders inaccurate any monitoring device or method of record
    required to be maintained under this subchapter, or (4) reveals any
    data or information required to be kept confidential by this
    subchapter shall, upon conviction, be punished by a fine of not
    more than $100,000, or by imprisonment for not more than ten years,
    or both. Each day that a violation under clause (1) of this
    subsection continues, or each day that any monitoring device or
    data recorder remains inoperative or inaccurate because of any
    activity described in clause (3) of this subsection, shall
    constitute a separate violation.
    (d) Liability of corporate officers and agents for violations by
      corporation
      Whenever a corporation or other entity is subject to prosecution
    under subsection (c) of this section, any officer or agent of such
    corporation or entity who knowingly and willfully authorized,
    ordered, or carried out the proscribed activity shall be subject to
    the same fines or imprisonment, or both, as provided for under
    subsection (c) of this section.
    (e) Concurrent and cumulative nature of penalties
      The remedies and penalties prescribed in this subchapter shall be
    concurrent and cumulative and the exercise of one shall not
    preclude the exercise of the others. Further, the remedies and
    penalties prescribed in this subchapter shall be in addition to any
    other remedies and penalties afforded by any other law or
    regulation.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 24, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101-380,
    title VIII, Sec. 8201, Aug. 18, 1990, 104 Stat. 570.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-380 substituted "(1) Except as
    provided in paragraph (2), if any" for "If any", substituted
    "$20,000" for "$10,000", inserted at end "The Secretary shall, by
    regulation at least every 3 years, adjust the penalty specified in
    this paragraph to reflect any increases in the Consumer Price Index
    (all items, United States city average) as prepared by the
    Department of Labor", and added par. (2).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    43 USC Sec. 1351                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1351. Oil and gas development and production

-STATUTE-
    (a) Development and production plans; submission to Secretary;
      statement of facilities and operation; submission to Governors of
      affected States and local governments
      (1) Prior to development and production pursuant to an oil and
    gas lease issued after September 18, 1978, in any area of the outer
    Continental Shelf, other than the Gulf of Mexico, or issued or
    maintained prior to September 18, 1978, in any area of the outer
    Continental Shelf, other than the Gulf of Mexico, with respect to
    which no oil or gas has been discovered in paying quantities prior
    to September 18, 1978, the lessee shall submit a development and
    production plan (hereinafter in this section referred to as a
    "plan") to the Secretary, for approval pursuant to this section.
      (2) A plan shall be accompanied by a statement describing all
    facilities and operations, other than those on the outer
    Continental Shelf, proposed by the lessee and known by him (whether
    or not owned or operated by such lessee) which will be constructed
    or utilized in the development and production of oil or gas from
    the lease area, including the location and site of such facilities
    and operations, the land, labor, material, and energy requirements
    associated with such facilities and operations, and all
    environmental and safety safeguards to be implemented.
      (3) Except for any privileged or proprietary information (as such
    term is defined in regulations issued by the Secretary), the
    Secretary, within ten days after receipt of a plan and statement,
    shall (A) submit such plan and statement to the Governor of any
    affected State, and, upon request to the executive of any affected
    local government, and (B) make such plan and statement available to
    any appropriate interstate regional entity and the public.
    (b) Development and production activities in accordance with plan
      as lease requirement
      After September 18, 1978, no oil and gas lease may be issued
    pursuant to this subchapter in any region of the outer Continental
    Shelf, other than the Gulf of Mexico, unless such lease requires
    that development and production activities be carried out in
    accordance with a plan which complies with the requirements of this
    section.
    (c) Scope and contents of plan
      A plan may apply to more than one oil and gas lease, and shall
    set forth, in the degree of detail established by regulations
    issued by the Secretary - 
        (1) the specific work to be performed;
        (2) a description of all facilities and operations located on
      the outer Continental Shelf which are proposed by the lessee or
      known by him (whether or not owned or operated by such lessee) to
      be directly related to the proposed development, including the
      location and size of such facilities and operations, and the
      land, labor, material, and energy requirements associated with
      such facilities and operations;
        (3) the environmental safeguards to be implemented on the outer
      Continental Shelf and how such safeguards are to be implemented;
        (4) all safety standards to be met and how such standards are
      to be met;
        (5) an expected rate of development and production and a time
      schedule for performance; and
        (6) such other relevant information as the Secretary may by
      regulation require.
    (d) State concurrence in land or water zone use in coastal zone of
      State
      The Secretary shall not grant any license or permit for any
    activity described in detail in a plan and affecting any land use
    or water use in the coastal zone of a State with a coastal zone
    management program approved pursuant to section 306 of the Coastal
    Zone Management Act of 1972 (16 U.S.C. 1455), unless the State
    concurs or is conclusively presumed to concur with the consistency
    certification accompanying such plan pursuant to section
    307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C. 1456(c)(3)(B)(i) or
    (ii)], or the Secretary of Commerce makes the finding authorized by
    section 307(c)(3)(B)(iii) of such Act [16 U.S.C.
    1456(c)(3)(B)(iii)].
    (e) Declaration of approval of development and production plan as
      major Federal action; submission of preliminary or final lease
      plans prior to commencement of National Environmental Policy
      provisions procedures
      (1) At least once the Secretary shall declare the approval of a
    development and production plan in any area or region (as defined
    by the Secretary) of the outer Continental Shelf, other than the
    Gulf of Mexico, to be a major Federal action.
      (2) The Secretary may require lessees of tracts for which
    development and production plans have not been approved, to submit
    preliminary or final plans for their leases, prior to or
    immediately after a determination by the Secretary that the
    procedures under the National Environmental Policy Act of 1969 [42
    U.S.C. 4321 et seq.] shall commence.
    (f) Plans considered major Federal actions; submission of draft
      environmental impact statement to Governors of affected States
      and local governments
      If approval of a development and production plan is found to be a
    major Federal action, the Secretary shall transmit the draft
    environmental impact statement to the Governor of any affected
    State, and upon request, to the executive of any local government,
    and shall make such draft available to any appropriate interstate
    regional entity and the public.
    (g) Plans considered nonmajor Federal actions; comments and
      recommendations from States
      If approval of a development and production plan is not found to
    be a major Federal action, the Governor of any affected State and
    the executive of any affected local government shall have sixty
    days from the date of receipt of the plan from the Secretary to
    submit comments and recommendations. Prior to submitting
    recommendations to the Secretary, the executive of any affected
    local government must forward his recommendations to the Governor
    of his State. Such comments and recommendations shall be made
    available to the public upon request. In addition, any interested
    person may submit comments and recommendations.
    (h) Approval, disapproval or modification of plan; reapplication;
      periodic review
      (1) After reviewing the record of any public hearing held with
    respect to the approval of a plan pursuant to the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] or the
    comments and recommendations submitted under subsection (g) of this
    section, the Secretary shall, within sixty days after the release
    of the final environmental impact statement prepared pursuant to
    the National Environmental Policy Act of 1969 in accordance with
    subsection (e) of this section, or sixty days after the period
    provided for comment under subsection (g) of this section, approve,
    disapprove, or require modifications of the plan. The Secretary
    shall require modification of a plan if he determines that the
    lessee has failed to make adequate provision in such plan for safe
    operations on the lease area or for protection of the human,
    marine, or coastal environment, including compliance with the
    regulations prescribed by the Secretary pursuant to paragraph (8)
    of section 1334(a) of this title. Any modification required by the
    Secretary which involves activities for which a Federal license or
    permit is required and which affects any land use or water use in
    the coastal zone of a State with a coastal zone management program
    approved pursuant to section 306 of the Coastal Zone Management Act
    of 1972 (16 U.S.C. 1455) must receive concurrence by such State
    with respect to the consistency certification accompanying such
    plan pursuant to section 307(c)(3)(B)(i) or (ii) of such Act [16
    U.S.C. 1456(c)(3)(B)(i) or (ii)] unless the Secretary of Commerce
    makes the finding authorized by section 307(c)(3)(B)(iii) of such
    Act [16 U.S.C. 1456(c)(3)(B)(iii)]. The Secretary shall disapprove
    a plan - 
        (A) if the lessee fails to demonstrate that he can comply with
      the requirements of this subchapter or other applicable Federal
      law, including the regulations prescribed by the Secretary
      pursuant to paragraph (8) of section 1334(a) of this title;
        (B) if any of the activities described in detail in the plan
      for which a Federal license or permit is required and which
      affects any land use or water use in the coastal zone of a State
      with a coastal zone management program approved pursuant to
      section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.
      1455) do not receive concurrence by such State with respect to
      the consistency certification accompanying such plan pursuant to
      section 307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C.
      1456(c)(3)(B)(i) or (ii)] and the Secretary of Commerce does not
      make the finding authorized by section 307(c)(3)(B)(iii) of such
      Act [16 U.S.C. 1456(c)(3)(B)(iii)];
        (C) if operations threaten national security or national
      defense; or
        (D) if the Secretary determines, because of exceptional
      geological conditions in the lease areas, exceptional resource
      values in the marine or coastal environment, or other exceptional
      circumstances, that (i) implementation of the plan would probably
      cause serious harm or damage to life (including fish and other
      aquatic life), to property, to any mineral deposits (in areas
      leased or not leased), to the national security or defense, or to
      the marine, coastal or human environments, (ii) the threat of
      harm or damage will not disappear or decrease to an acceptable
      extent within a reasonable period of time, and (iii) the
      advantages of disapproving the plan outweigh the advantages of
      development and production.

      (2)(A) If a plan is disapproved - 
        (i) under subparagraph (A) of paragraph (1); or
        (ii) under subparagraph (B) of paragraph (1) with respect to a
      lease issued after approval of a coastal zone management program
      pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C.
      1455),

    the lessee shall not be entitled to compensation because of such
    disapproval.
      (B) If a plan is disapproved - 
        (i) under subparagraph (C) or (D) of paragraph (1); or
        (ii) under subparagraph (B) of paragraph (1) with respect to a
      lease issued before approval of a coastal zone management program
      pursuant to the Coastal Zone Management Act of 1972 [16 U.S.C.
      1451 et seq.], and such approval occurs after the lessee has
      submitted a plan to the Secretary,

    the term of the lease shall be duly extended, and at any time
    within five years after such disapproval, the lessee may reapply
    for approval of the same or a modified plan, and the Secretary
    shall approve, disapprove, or require modifications of such plan in
    accordance with this subsection.
      (C) Upon expiration of the five-year period described in
    subparagraph (B) of this paragraph, or, in the Secretary's
    discretion, at an earlier time upon request of a lessee, if the
    Secretary has not approved a plan, the Secretary shall cancel the
    lease and the lessee shall be entitled to receive compensation in
    accordance with section 1334(a)(2)(C) of this title. The Secretary
    may, at any time within the five-year period described in
    subparagraph (B) of this paragraph, require the lessee to submit a
    development and production plan for approval, disapproval, or
    modification. If the lessee fails to submit a required plan
    expeditiously and in good faith, the Secretary shall find that the
    lessee has not been duly diligent in pursuing his obligations under
    the lease, and shall immediately initiate procedures to cancel such
    lease, without compensation, under the provisions of section
    1334(c) of this title.
      (3) The Secretary shall, from time to time, review each plan
    approved under this section. Such review shall be based upon
    changes in available information and other onshore or offshore
    conditions affecting or impacted by development and production
    pursuant to such plan. If the review indicates that the plan should
    be revised to meet the requirements of this subsection, the
    Secretary shall require such revision.
    (i) Approval of revision of approved plan
      The Secretary may approve any revision of an approved plan
    proposed by the lessee if he determines that such revision will
    lead to greater recovery of oil and natural gas, improve the
    efficiency, safety, and environmental protection of the recovery
    operation, is the only means available to avoid substantial
    economic hardship to the lessee, or is otherwise not inconsistent
    with the provisions of this subchapter, to the extent such revision
    is consistent with protection of the human, marine, and coastal
    environments. Any revision of an approved plan which the Secretary
    determines is significant shall be reviewed in accordance with
    subsections (d) through (f) of this section.
    (j) Cancellation of lease on failure to submit plan or comply with
      approved plan
      Whenever the owner of any lease fails to submit a plan in
    accordance with regulations issued under this section, or fails to
    comply with an approved plan, the lease may be canceled in
    accordance with section 1334(c) and (d) of this title. Termination
    of a lease because of failure to comply with an approved plan,
    including required modifications or revisions, shall not entitle a
    lessee to any compensation.
    (k) Production and transportation of natural gas; submission of
      plan to Federal Energy Regulatory Commission; impact statement
      If any development and production plan submitted to the Secretary
    pursuant to this section provides for the production and
    transportation of natural gas, the lessee shall contemporaneously
    submit to the Federal Energy Regulatory Commission that portion of
    such plan which relates to production of natural gas and the
    facilities for transportation of natural gas. The Secretary and the
    Federal Energy Regulatory Commission shall agree as to which of
    them shall prepare an environmental impact statement pursuant to
    the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et
    seq.] applicable to such portion of such plan, or conduct studies
    as to the effect on the environment of implementing it. Thereafter,
    the findings and recommendations by the agency preparing such
    environmental impact statement or conducting such studies pursuant
    to such agreement shall be adopted by the other agency, and such
    other agency shall not independently prepare another environmental
    impact statement or duplicate such studies with respect to such
    portion of such plan, but the Federal Energy Regulatory Commission,
    in connection with its review of an application for a certificate
    of public convenience and necessity applicable to such
    transportation facilities pursuant to section 717f of title 15, may
    prepare such environmental studies or statement relevant to
    certification of such transportation facilities as have not been
    covered by an environmental impact statement or studies prepared by
    the Secretary. The Secretary, in consultation with the Federal
    Energy Regulatory Commission, shall promulgate rules to implement
    this subsection, but the Federal Energy Regulatory Commission shall
    retain sole authority with respect to rules and procedures
    applicable to the filing of any application with the Commission and
    to all aspects of the Commission's review of, and action on, any
    such application.
    (l) Application of provisions to leases in Gulf of Mexico
      The Secretary may require the provisions of this section to apply
    to an oil and gas lease issued or maintained under this subchapter,
    which is located in that area of the Gulf of Mexico which is
    adjacent to the State of Florida, as determined pursuant to section
    1333(a)(2) of this title.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 25, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 659.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsecs. (e)(2), (h)(1), and (k), is Pub. L. 91-190, Jan. 1, 1970,
    83 Stat. 852, as amended, which is classified generally to chapter
    55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 4321 of Title 42 and Tables.
      The Coastal Zone Management Act of 1972, referred to in subsec.
    (h)(2)(A)(ii), (B)(ii), is title III of Pub. L. 89-454, as added by
    Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is
    classified generally to chapter 33 (Sec. 1451 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1451 of Title 16 and
    Tables.

-End-

-CITE-
    43 USC Sec. 1352                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1352. Oil and gas information program

-STATUTE-
    (a) Access to data and information obtained by lessee or permittee
      from oil or gas exploration, etc., data obtained by Federal
      department or agency from geological and geophysical explorations
      (1)(A) Any lessee or permittee conducting any exploration for, or
    development or production of, oil or gas pursuant to this
    subchapter shall provide the Secretary access to all data and
    information (including processed, analyzed, and interpreted
    information) obtained from such activity and shall provide copies
    of such data and information as the Secretary may request. Such
    data and information shall be provided in accordance with
    regulations which the Secretary shall prescribe.
      (B) If an interpretation provided pursuant to subparagraph (A) of
    this paragraph is made in good faith by the lessee or permittee,
    such lessee or permittee shall not be held responsible for any
    consequence of the use of or reliance upon such interpretation.
      (C) Whenever any data and information is provided to the
    Secretary, pursuant to subparagraph (A) of this paragraph - 
        (i) by a lessee, in the form and manner of processing which is
      utilized by such lessee in the normal conduct of his business,
      the Secretary shall pay the reasonable cost of reproducing such
      data and information;
        (ii) by a lessee, in such other form and manner of processing
      as the Secretary may request, the Secretary shall pay the
      reasonable cost of processing and reproducing such data and
      information;
        (iii) by a permittee, in the form and manner of processing
      which is utilized by such permittee in the normal conduct of his
      business, the Secretary shall pay such permittee the reasonable
      cost of reproducing such data and information for the Secretary
      and shall pay at the lowest rate available to any purchaser for
      processing such data and information the costs attributable to
      such processing; and
        (iv) by a permittee, in such other form and manner of
      processing as the Secretary may request, the Secretary shall pay
      such permittee the reasonable cost of processing and reproducing
      such data and information for the Secretary,

    pursuant to such regulations as he may prescribe.
      (2) Each Federal department and agency shall provide the
    Secretary with any data obtained by such Federal department or
    agency pursuant to section 1340 of this title, and any other
    information which may be necessary or useful to assist him in
    carrying out the provisions of this subchapter.
    (b) Processing, analyzing, and interpreting information;
      availability of summary of data to affected States and local
      government
      (1) Data and information provided to the Secretary pursuant to
    subsection (a) of this section shall be processed, analyzed, and
    interpreted by the Secretary for purposes of carrying out his
    duties under this subchapter.
      (2) As soon as practicable after information provided to the
    Secretary pursuant to subsection (a) of this section is processed,
    analyzed, and interpreted, the Secretary shall make available to
    the affected States, and upon request, to any affected local
    government, a summary of data designed to assist them in planning
    for the onshore impacts of possible oil and gas development and
    production. Such summary shall include estimates of (A) the oil and
    gas reserves in areas leased or to be leased, (B) the size and
    timing of development if and when oil or gas, or both, is found,
    (C) the location of pipelines, and (D) the general location and
    nature of onshore facilities.
    (c) Confidentiality of information; regulations
      The Secretary shall prescribe regulations to (1) assure that the
    confidentiality of privileged or proprietary information received
    by the Secretary under this section will be maintained, and (2) set
    forth the time periods and conditions which shall be applicable to
    the release of such information. Such regulations shall include a
    provision that no such information will be transmitted to any
    affected State unless the lessee, or the permittee and all persons
    to whom such permittee has sold such information under promise of
    confidentiality, agree to such transmittal.
    (d) Transmittal of information to affected State; protection of
      competitive position
      (1) The Secretary shall transmit to any affected State - 
        (A) an index, and upon request copies of, all relevant actual
      or proposed programs, plans, reports, environmental impact
      statements, tract nominations (including negative nominations)
      and other lease sale information, any similar type of relevant
      information, and all modifications and revisions thereof and
      comments thereon, prepared or obtained by the Secretary pursuant
      to this subchapter, but no information transmitted by the
      Secretary under this subsection shall identify any particular
      tract with the name or names of any particular party so as not to
      compromise the competitive position of any party or parties
      participating in the nominations;
        (B)(i) the summary of data prepared by the Secretary pursuant
      to subsection (b)(2) of this section, and (ii) any other
      processed, analyzed, or interpreted data prepared by the
      Secretary pursuant to subsection (b)(1) of this section, unless
      the Secretary determines that transmittal of such data prepared
      pursuant to subsection (b)(1) of this section would unduly damage
      the competitive position of the lessee or permittee who provided
      the Secretary with the information which the Secretary had
      processed, analyzed, or interpreted; and
        (C) any relevant information received by the Secretary pursuant
      to subsection (a) of this section, subject to any applicable
      requirements as to confidentiality which are set forth in
      regulations prescribed under subsection (c) of this section.

      (2) Notwithstanding the provisions of any regulation required
    pursuant to the second sentence of subsection (c) of this section,
    the Governor of any affected State may designate an appropriate
    State official to inspect, at a regional location which the
    Secretary shall designate, any privileged information received by
    the Secretary regarding any activity adjacent to such State, except
    that no such inspection shall take place prior to the sale of a
    lease covering the area in which such activity was conducted.
    Knowledge obtained by such State during such inspection shall be
    subject to applicable requirements as to confidentiality which are
    set forth in regulations prescribed under subsection (c) of this
    section.
    (e) Agreement with State to waive defenses and hold United States
      harmless from failure to maintain confidentiality of information
      Prior to transmitting any privileged information to any State, or
    granting such State access to such information, the Secretary shall
    enter into a written agreement with the Governor of such State in
    which such State agrees, as a condition precedent to receiving or
    being granted access to such information, to waive the defenses set
    forth in subsection (f)(2) of this section, and to hold the United
    States harmless from any violations of the regulations prescribed
    pursuant to subsection (c) of this section that the State or its
    employees may commit.
    (f) Civil action against United States or State for failure to
      maintain confidentiality of information; certain defenses
      unavailable
      (1) Whenever any employee of the Federal Government or of any
    State reveals information in violation of the regulations
    prescribed pursuant to subsection (c) of this section, the lessee
    or permittee who supplied such information to the Secretary or to
    any other Federal official, and any person to whom such lessee or
    permittee has sold such information under promise of
    confidentiality, may commence a civil action for damages in the
    appropriate district court of the United States against the Federal
    Government or such State, as the case may be.
      (2) In any action commenced against the Federal Government or a
    State pursuant to paragraph (1) of this subsection, the Federal
    Government or such State, as the case may be, may not raise as a
    defense (A) any claim of sovereign immunity, or (B) any claim that
    the employee who revealed the privileged information which is the
    basis of such suit was acting outside the scope of his employment
    in revealing such information.
    (g) Preemption of State law by Federal law
      Any provision of State or local law which provides for public
    access to any privileged information received or obtained by any
    person pursuant to this subchapter is expressly preempted by the
    provisions of this section, to the extent that it applies to such
    information.
    (h) Failure by State to comply with regulations; withholding of
      information
      If the Secretary finds that any State cannot or does not comply
    with the regulations issued under subsection (c) of this section,
    he shall thereafter withhold transmittal and deny inspection of
    privileged information to such State until he finds that such State
    can and will comply with such regulations.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 26, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 664.)

-MISC1-
      PAYMENT OF PROCESSING COSTS FOR DATA AND INFORMATION ACQUIRED;
                            PERMITTEES ELIGIBLE
      Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided
    that: "Notwithstanding any other provision of law, for data and
    information acquired in fiscal year 1986 or thereafter, by the
    Secretary, pursuant to section 1352(a)(1)(C)(iii) of title 43,
    United States Code, payment shall be made for processing costs to
    permittees with permits issued on or before September 30, 1985."

     PAYMENT OF COSTS OF REPRODUCING DATA AND INFORMATION PROVIDED TO
                                 SECRETARY
      Pub. L. 99-190, Sec. 101(d) [title I, Sec. 100], Dec. 19, 1985,
    99 Stat. 1224, 1232, provided: "That notwithstanding any other
    provision of law, when in fiscal year 1986 and thereafter any
    permittee provides data and information to the Secretary pursuant
    to section 1352(a)(1)(C)(iii) of title 43, United States Code, the
    Secretary shall pay only the reasonable cost of reproducing such
    data and information."

-End-

-CITE-
    43 USC Sec. 1353                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1353. Federal purchase and disposition of oil and gas

-STATUTE-
    (a) Payment of royalties or net profit shares in oil and gas;
      purchase of oil and gas by United States; transfer of title to
      Federal agencies
      (1) Except as may be necessary to comply with the provisions of
    sections 1335 and 1336 of this title, all royalties or net profit
    shares, or both, accruing to the United States under any oil and
    gas lease issued or maintained in accordance with this subchapter,
    shall, on demand of the Secretary, be paid in oil or gas.
      (2) The United States shall have the right to purchase not to
    exceed 16 2/3  per centum by volume of the oil and gas produced
    pursuant to a lease issued or maintained in accordance with this
    subchapter, at the regulated price, or, if no regulated price
    applies, at the fair market value at the well head of the oil and
    gas saved, removed, or sold, except that any oil or gas obtained by
    the United States as royalty or net profit share shall be credited
    against the amount that may be purchased under this subsection.
      (3) Title to any royalty, net profit share, or purchased oil or
    gas may be transferred, upon request, by the Secretary to the
    Secretary of Defense, to the Administrator of the General Services
    Administration, or to the Secretary of Energy, for disposal within
    the Federal Government.
    (b) Sale of oil by United States to public; disposition of oil to
      small refiners; application of other laws
      (1) The Secretary, except as provided in this subsection, may
    offer to the public and sell by competitive bidding for not more
    than its regulated price, or, if no regulated price applies, not
    less than its fair market value, any part of the oil (A) obtained
    by the United States pursuant to any lease as royalty or net profit
    share, or (B) purchased by the United States pursuant to subsection
    (a)(2) of this section.
      (2) Whenever, after consultation with the Secretary of Energy,
    the Secretary determines that small refiners do not have access to
    adequate supplies of oil at equitable prices, the Secretary may
    dispose of any oil which is taken as a royalty or net profit share
    accruing or reserved to the United States pursuant to any lease
    issued or maintained under this subchapter, or purchased by the
    United States pursuant to subsection (a)(2) of this section, by
    conducting a lottery for the sale of such oil, or may equitably
    allocate such oil among the competitors for the purchase of such
    oil, at the regulated price, or if no regulated price applies, at
    its fair market value. The Secretary shall limit participation in
    any allocation or lottery sale to assure such access and shall
    publish notice of such allocation or sale, and the terms thereof,
    at least thirty days in advance. Such notice shall include
    qualifications for participation, the amount of oil to be sold, and
    any limitation in the amount of oil which any participant may be
    entitled to purchase.
      (3) The Secretary may only sell or otherwise dispose of oil
    described in paragraph (1) of this subsection in accordance with
    any provision of law, or regulations issued in accordance with such
    provisions, which provide for the Secretary of Energy to allocate,
    transfer, exchange, or sell oil in amounts or at prices determined
    by such provision of law or regulations.
    (c) Sale of gas by United States to public
      (1) Except as provided in paragraph (2) of this subsection, the
    Secretary, pursuant to such terms as he determines, many (!1) offer
    to the public and sell by competitive bidding for not more than its
    regulated price, or, if no regulated price applies, not less than
    its fair market value any part of the gas (A) obtained by the
    United States pursuant to a lease as royalty or net profit share,
    or (B) purchased by the United States pursuant to subsection (a)(2)
    of this section.

      (2) Whenever, after consultation with and advice from the
    Secretary of Energy, the Federal Energy Regulatory Commission
    determines that an emergency shortage of natural gas is threatening
    to cause severe economic or social dislocation in any region of the
    United States and that such region can be serviced in a practical,
    feasible, and efficient manner by royalty, net profit share, or
    purchased gas obtained pursuant to the provisions of this section,
    the Secretary of the Interior may allocate or conduct a lottery for
    the sale of such gas, and shall limit participation in any
    allocation or lottery sale of such gas to any person servicing such
    region, but he shall not sell any such gas for more than its
    regulated price, or, if no regulated price applies, less than its
    fair market value. Prior to selling or allocating any gas pursuant
    to this subsection, the Secretary shall consult with the Federal
    Energy Regulatory Commission.
    (d) Purchase by lessee of Federal oil or gas for which no bids
      received
      The lessee shall take any Federal oil or gas for which no
    acceptable bids are received, as determined by the Secretary, and
    which is not transferred pursuant to subsection (a)(3) of this
    section, and shall pay to the United States a cash amount equal to
    the regulated price, or, if no regulated price applies, the fair
    market value of the oil or gas so obtained.
    (e) Definitions
      As used in this section - 
        (1) the term "regulated price" means the highest price - 
          (A) at which oil many (!2) be sold pursuant to the Emergency
        Petroleum Allocation Act of 1973 (!3) [15 U.S.C. 751 et seq.]
        and any rule or order issued under such Act;

          (B) at which natural gas may be sold to natural-gas companies
        pursuant to the Natural Gas Act [15 U.S.C. 717 et seq.], any
        other Act, regulations governing natural gas pricing, or any
        rule or order issued under any such Act or any such
        regulations; or
          (C) at which either Federal oil or gas may be sold under any
        other provision of law or rule or order thereunder which sets a
        price (or manner for determining a price) for oil or gas; and

        (2) the term "small refiner" has the meaning given such term by
      Small Business Administration Standards 128.3-8(d) and (g), as in
      effect on September 18, 1978, or as there-after revised or
      amended.
    (f) Purchase of oil and gas in time of war
      Nothing in this section shall prohibit the right of the United
    States to purchase any oil or gas produced on the outer Continental
    Shelf as provided by section 1341(b) of this title.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 27, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 666.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Emergency Petroleum Allocation Act of 1973, referred to in
    subsec. (e)(1)(A), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628,
    as amended, which was classified generally to chapter 16A (Sec. 751
    et seq.) of Title 15, Commerce and Trade, and was omitted from the
    Code pursuant to section 760g of Title 15, which provided for the
    expiration of the President's authority under that chapter on Sept.
    30, 1981.
      The Natural Gas Act, referred to in subsec. (e)(1)(B), is act
    June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of Title 15.
    For complete classification of that Act to the Code, see section
    717w of Title 15 and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested in Secretary of Energy and Department of Energy
    under or with respect to subsec. (b)(2), (3) of this section,
    transferred to, and vested in, Secretary of the Interior, by
    section 100 of Pub. L. 97-257, 96 Stat. 841, set out as a note
    under section 7152 of Title 42, The Public Health and Welfare.

-FOOTNOTE-
    (!1) So in original. Probably should be "may".

    (!2) So in original. Probably should be "may".

    (!3) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1354                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1354. Limitations on export of oil or gas

-STATUTE-
    (a) Application of Export Administration provisions
      Except as provided in subsection (d) of this section, any oil or
    gas produced from the outer Continental Shelf shall be subject to
    the requirements and provisions of the Export Administration Act of
    1969.
    (b) Condition precedent to exportation; express finding by
      President of no increase in reliance on imported oil or gas
      Before any oil or gas subject to this section may be exported
    under the requirements and provisions of the Export Administration
    Act of 1969, the President shall make and publish an express
    finding that such exports will not increase reliance on imported
    oil or gas, are in the national interest, and are in accord with
    the provisions of the Export Administration Act of 1969.
    (c) Report of findings by President to Congress; joint resolution
      of disagreement with findings of President
      The President shall submit reports to the Congress containing
    findings made under this section, and after the date of receipt of
    such report Congress shall have a period of sixty calendar days,
    thirty days of which Congress must have been in session, to
    consider whether exports under the terms of this section are in the
    national interest. If the Congress within such time period passes a
    concurrent resolution of disapproval stating disagreement with the
    President's finding concerning the national interest, further
    exports made pursuant to such Presidential findings shall cease.
    (d) Exchange or temporary exportation of oil and gas for
      convenience or efficiency of transportation
      The provisions of this section shall not apply to any oil or gas
    which is either exchanged in similar quantity for convenience or
    increased efficiency of transportation with persons or the
    government of a foreign state, or which is temporarily exported for
    convenience or increased efficiency of transportation across parts
    of an adjacent foreign state and reenters the United States, or
    which is exchanged or exported pursuant to an existing
    international agreement.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 28, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 668.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export Administration Act of 1969, referred to in subsecs.
    (a) and (b), is Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as
    amended, which was formerly classified to sections 2401 to 2413 of
    Title 50, Appendix, War and National Defense, and which terminated
    on Sept. 30, 1979, pursuant to the terms of that Act.

-End-

-CITE-
    43 USC Sec. 1355                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1355. Restrictions on employment of former officers or
      employees of Department of the Interior

-STATUTE-
      No full-time officer or employee of the Department of the
    Interior who directly or indirectly discharged duties or
    responsibilities under this subchapter, and who was at any time
    during the twelve months preceding the termination of his
    employment with the Department compensated under the Executive
    Schedule or compensated at or above the annual rate of basic pay
    for grade GS-16 of the General Schedule shall - 
        (1) within two years after his employment with the Department
      has ceased - 
          (A) knowingly act as agent or attorney for, or otherwise
        represent, any other person (except the United States) in any
        formal or informal appearance before;
          (B) with the intent to influence, make any oral or written
        communication on behalf of any other person (except the United
        States) to; or
          (C) knowingly aid or assist in representing any other person
        (except the United States) in any formal or informal appearance
        before,

      any department, agency, or court of the United States, or any
      officer or employee thereof, in connection with any judicial or
      other proceeding, application, request for a ruling or other
      determination, regulation, order, lease, permit, rulemaking, or
      other particular matter involving a specific party or parties in
      which the United States is a party or has a direct and
      substantial interest which was actually pending under his
      official responsibility as an officer or employee within a period
      of one year prior to the termination of such responsibility or in
      which he participated personally and substantially as an officer
      or employee; or
        (2) within one year after his employment with the Department
      has ceased - 
          (A) knowingly act as agent or attorney for, or otherwise
        represent, any other person (except the United States) in any
        formal or informal appearance before; or
          (B) with the intent to influence, make any oral or written
        communication on behalf of any other person (except the United
        States) to,

      the Department of the Interior, or any officer or employee
      thereof, in connection with any judicial, rulemaking, regulation,
      order, lease, permit, regulation, or other particular matter
      which is pending before the Department of the Interior or in
      which the Department has a direct and substantial interest.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 29, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 668.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Executive Schedule, referred to in text, is set out in
    section 5311 et seq. of Title 5, Government Organization and
    Employees.

-MISC1-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-

-CITE-
    43 USC Sec. 1356                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1356. Documentary, registry and manning requirements

-STATUTE-
    (a) Regulations
      Within six months after September 18, 1978, the Secretary of the
    Department in which the Coast Guard is operating shall issue
    regulations which require that any vessel, rig, platform, or other
    vehicle or structure - 
        (1) which is used at any time after the one-year period
      beginning on the effective date of such regulations for
      activities pursuant to this subchapter and which is built or
      rebuilt at any time after such one-year period, when required to
      be documented by the laws of the United States, be documented
      under the laws of the United States;
        (2) which is used for activities pursuant to this subchapter,
      comply, except as provided in subsection (b) of this section,
      with such minimum standards of design, construction, alteration,
      and repair as the Secretary or the Secretary of the Department in
      which the Coast Guard is operating establishes; and
        (3) which is used at any time after the one-year period
      beginning on the effective date of such regulations for
      activities pursuant to this subchapter, be manned or crewed,
      except as provided in subsection (c) of this section, by citizens
      of the United States or aliens lawfully admitted to the United
      States for permanent residence.
    (b) Exceptions from design, construction, alteration, and repair
      requirements
      The regulations issued under subsection (a)(2) of this section
    shall not apply to any vessel, rig, platform, or other vehicle or
    structure built prior to September 18, 1978, until such time after
    such date as such vehicle or structure is rebuilt.
    (c) Exceptions from manning requirements
      The regulations issued under subsection (a)(3) of this section
    shall not apply - 
        (1) to any vessel, rig, platform, or other vehicle or structure
      if - 
          (A) specific contractual provisions or national registry
        manning requirements in effect on September 18, 1978, provide
        to the contrary;
          (B) there are not a sufficient number of citizens of the
        United States, or aliens lawfully admitted to the United States
        for permanent residence, qualified and available for such work;
        or
          (C) the President makes a specific finding, with respect to
        the particular vessel, rig, platform, or other vehicle or
        structure, that application would not be consistent with the
        national interest; and

        (2) to any vessel, rig, platform, or other vehicle or
      structure, over 50 percent of which is owned by citizens of a
      foreign nation or with respect to which the citizens of a foreign
      nation have the right effectively to control, except to the
      extent and to the degree that the President determines that the
      government of such foreign nation or any of its political
      subdivisions has implemented, by statute, regulation, policy, or
      practice, a national manning requirement for equipment engaged in
      the exploration, development, or production of oil and gas in its
      offshore areas.

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 30, as added Pub. L. 95-372, title II,
    Sec. 208, Sept. 18, 1978, 92 Stat. 669.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    43 USC Sec. 1356a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 29 - SUBMERGED LANDS
    SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
    Sec. 1356a. Coastal impact assistance program

-STATUTE-
    (a) Definitions
      In this section:
      (1) Coastal political subdivision
        The term "coastal political subdivision" means a political
      subdivision of a coastal State any part of which political
      subdivision is - 
          (A) within the coastal zone (as defined in section 304 of the
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the
        coastal State as of August 8, 2005; and
          (B) not more than 200 nautical miles from the geographic
        center of any leased tract.
      (2) Coastal population
        The term "coastal population" means the population, as
      determined by the most recent official data of the Census Bureau,
      of each political subdivision any part of which lies within the
      designated coastal boundary of a State (as defined in a State's
      coastal zone management program under the Coastal Zone Management
      Act of 1972 (16 U.S.C. 1451 et seq.)).
      (3) Coastal State
        The term "coastal State" has the meaning given the term in
      section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C.
      1453).
      (4) Coastline
        The term "coastline" has the meaning given the term "coast
      line" in section 1301 of this title.
      (5) Distance
        The term "distance" means the minimum great circle distance,
      measured in statute miles.
      (6) Leased tract
        The term "leased tract" means a tract that is subject to a
      lease under section 1335 or 1337 of this title for the purpose of
      drilling for, developing, and producing oil or natural gas
      resources.
      (7) Leasing moratoria
        The term "leasing moratoria" means the prohibitions on
      preleasing, leasing, and related activities on any geographic
      area of the outer Continental Shelf as contained in sections 107
      through 109 of division E of the Consolidated Appropriations Act,
      2005 (Public Law 108-447; 118 Stat. 3063).
      (8) Political subdivision
        The term "political subdivision" means the local political
      jurisdiction immediately below the level of State government,
      including counties, parishes, and boroughs.
      (9) Producing State
        (A) In general
          The term "producing State" means a coastal State that has a
        coastal seaward boundary within 200 nautical miles of the
        geographic center of a leased tract within any area of the
        outer Continental Shelf.
        (B) Exclusion
          The term "producing State" does not include a producing
        State, a majority of the coastline of which is subject to
        leasing moratoria, unless production was occurring on January
        1, 2005, from a lease within 10 nautical miles of the coastline
        of that State.
      (10) Qualified Outer Continental Shelf revenues
        (A) In general
          The term "qualified Outer Continental Shelf revenues" means
        all amounts received by the United States from each leased
        tract or portion of a leased tract - 
            (i) lying - 
              (I) seaward of the zone covered by section 1337(g) of
            this title; or
              (II) within that zone, but to which section 1337(g) of
            this title does not apply; and

            (ii) the geographic center of which lies within a distance
          of 200 nautical miles from any part of the coastline of any
          coastal State.
        (B) Inclusions
          The term "qualified Outer Continental Shelf revenues"
        includes bonus bids, rents, royalties (including payments for
        royalty taken in kind and sold), net profit share payments, and
        related late-payment interest from natural gas and oil leases
        issued under this subchapter.
        (C) Exclusion
          The term "qualified Outer Continental Shelf revenues" does
        not include any revenues from a leased tract or portion of a
        leased tract that is located in a geographic area subject to a
        leasing moratorium on January 1, 2005, unless the lease was in
        production on January 1, 2005.
    (b) Payments to producing States and coastal political subdivisions
      (1) In general
        The Secretary shall, without further appropriation, disburse to
      producing States and coastal political subdivisions in accordance
      with this section $250,000,000 for each of fiscal years 2007
      through 2010.
      (2) Disbursement
        In each fiscal year, the Secretary shall disburse to each
      producing State for which the Secretary has approved a plan under
      subsection (c) of this section, and to coastal political
      subdivisions under paragraph (4), such funds as are allocated to
      the producing State or coastal political subdivision,
      respectively, under this section for the fiscal year.
      (3) Allocation among producing States
        (A) In general
          Except as provided in subparagraph (C) and subject to
        subparagraph (D), the amounts available under paragraph (1)
        shall be allocated to each producing State based on the ratio
        that - 
            (i) the amount of qualified outer Continental Shelf
          revenues generated off the coastline of the producing State;
          bears to
            (ii) the amount of qualified outer Continental Shelf
          revenues generated off the coastline of all producing States.
        (B) Amount of outer Continental Shelf revenues
          For purposes of subparagraph (A) - 
            (i) the amount of qualified outer Continental Shelf
          revenues for each of fiscal years 2007 and 2008 shall be
          determined using qualified outer Continental Shelf revenues
          received for fiscal year 2006; and
            (ii) the amount of qualified outer Continental Shelf
          revenues for each of fiscal years 2009 and 2010 shall be
          determined using qualified outer Continental Shelf revenues
          received for fiscal year 2008.
        (C) Multiple producing States
          In a case in which more than one producing State is located
        within 200 nautical miles of any portion of a leased tract, the
        amount allocated to each producing State for the leased tract
        shall be inversely proportional to the distance between - 
            (i) the nearest point on the coastline of the producing
          State; and
            (ii) the geographic center of the leased tract.
        (D) Minimum allocation
          The amount allocated to a producing State under subparagraph
        (A) shall be at least 1 percent of the amounts available under
        paragraph (1).
      (4) Payments to coastal political subdivisions
        (A) In general
          The Secretary shall pay 35 percent of the allocable share of
        each producing State, as determined under paragraph (3) to the
        coastal political subdivisions in the producing State.
        (B) Formula
          Of the amount paid by the Secretary to coastal political
        subdivisions under subparagraph (A) - 
            (i) 25 percent shall be allocated to each coastal political
          subdivision in the proportion that - 
              (I) the coastal population of the coastal political
            subdivision; bears to
              (II) the coastal population of all coastal political
            subdivisions in the producing State;

            (ii) 25 percent shall be allocated to each coastal
          political subdivision in the proportion that - 
              (I) the number of miles of coastline of the coastal
            political subdivision; bears to
              (II) the number of miles of coastline of all coastal
            political subdivisions in the producing State; and

            (iii) 50 percent shall be allocated in amounts that are
          inversely proportional to the respective distances between
          the points in each coastal political subdivision that are
          closest to the geographic center of each leased tract, as
          determined by the Secretary.
        (C) Exception for the State of Louisiana
          For the purposes of subparagraph (B)(ii), the coastline for
        coastal political subdivisions in the State of Louisiana
        without a coastline shall be considered to be  1/3  the average
        length of the coastline of all coastal political subdivisions
        with a coastline in the State of Louisiana.
        (D) Exception for the State of Alaska
          For the purposes of carrying out subparagraph (B)(iii) in the
        State of Alaska, the amounts allocated shall be divided equally
        among the two coastal political subdivisions that are closest
        to the geographic center of a leased tract.
        (E) Exclusion of certain leased tracts
          For purposes of subparagraph (B)(iii), a leased tract or
        portion of a leased tract shall be excluded if the tract or
        portion of a leased tract is located in a geographic area
        subject to a leasing moratorium on January 1, 2005, unless the
        lease was in production on that date.
      (5) No approved plan
        (A) In general
          Subject to subparagraph (B) and except as provided in
        subparagraph (C), in a case in which any amount allocated to a
        producing State or coastal political subdivision under
        paragraph (4) or (5) is not disbursed because the producing
        State does not have in effect a plan that has been approved by
        the Secretary under subsection (c) of this section, the
        Secretary shall allocate the undisbursed amount equally among
        all other producing States.
        (B) Retention of allocation
          The Secretary shall hold in escrow an undisbursed amount
        described in subparagraph (A) until such date as the final
        appeal regarding the disapproval of a plan submitted under
        subsection (c) of this section is decided.
        (C) Waiver
          The Secretary may waive subparagraph (A) with respect to an
        allocated share of a producing State and hold the allocable
        share in escrow if the Secretary determines that the producing
        State is making a good faith effort to develop and submit, or
        update, a plan in accordance with subsection (c) of this
        section.
    (c) Coastal impact assistance plan
      (1) Submission of State plans
        (A) In general
          Not later than July 1, 2008, the Governor of a producing
        State shall submit to the Secretary a coastal impact assistance
        plan.
        (B) Public participation
          In carrying out subparagraph (A), the Governor shall solicit
        local input and provide for public participation in the
        development of the plan.
      (2) Approval
        (A) In general
          The Secretary shall approve a plan of a producing State
        submitted under paragraph (1) before disbursing any amount to
        the producing State, or to a coastal political subdivision
        located in the producing State, under this section.
        (B) Components
          The Secretary shall approve a plan submitted under paragraph
        (1) if - 
            (i) the Secretary determines that the plan is consistent
          with the uses described in subsection (d) of this section;
          and
            (ii) the plan contains - 
              (I) the name of the State agency that will have the
            authority to represent and act on behalf of the producing
            State in dealing with the Secretary for purposes of this
            section;
              (II) a program for the implementation of the plan that
            describes how the amounts provided under this section to
            the producing State will be used;
              (III) for each coastal political subdivision that
            receives an amount under this section - 
                (aa) the name of a contact person; and
                (bb) a description of how the coastal political
              subdivision will use amounts provided under this section;

              (IV) a certification by the Governor that ample
            opportunity has been provided for public participation in
            the development and revision of the plan; and
              (V) a description of measures that will be taken to
            determine the availability of assistance from other
            relevant Federal resources and programs.
      (3) Amendment
        Any amendment to a plan submitted under paragraph (1) shall be -
       
          (A) developed in accordance with this subsection; and
          (B) submitted to the Secretary for approval or disapproval
        under paragraph (4).
      (4) Procedure
        Not later than 90 days after the date on which a plan or
      amendment to a plan is submitted under paragraph (1) or (3), the
      Secretary shall approve or disapprove the plan or amendment.
    (d) Authorized uses
      (1) In general
        A producing State or coastal political subdivision shall use
      all amounts received under this section, including any amount
      deposited in a trust fund that is administered by the State or
      coastal political subdivision and dedicated to uses consistent
      with this section, in accordance with all applicable Federal and
      State laws, only for one or more of the following purposes:
          (A) Projects and activities for the conservation, protection,
        or restoration of coastal areas, including wetland.
          (B) Mitigation of damage to fish, wildlife, or natural
        resources.
          (C) Planning assistance and the administrative costs of
        complying with this section.
          (D) Implementation of a federally-approved marine, coastal,
        or comprehensive conservation management plan.
          (E) Mitigation of the impact of outer Continental Shelf
        activities through funding of onshore infrastructure projects
        and public service needs.
      (2) Compliance with authorized uses
        If the Secretary determines that any expenditure made by a
      producing State or coastal political subdivision is not
      consistent with this subsection, the Secretary shall not disburse
      any additional amount under this section to the producing State
      or the coastal political subdivision until such time as all
      amounts obligated for unauthorized uses have been repaid or
      reobligated for authorized uses.
      (3) Limitation
        Not more than 23 percent of amounts received by a producing
      State or coastal political subdivision for any 1 fiscal year
      shall be used for the purposes described in subparagraphs (C) and
      (E) of paragraph (1).

-SOURCE-
    (Aug. 7, 1953, ch. 345, Sec. 31, as added Pub. L. 106-553, Sec.
    1(a)(2) [title IX, Sec. 903], Dec. 21, 2000, 114 Stat. 2762, 2762A-
    124; amended Pub. L. 109-58, title III, Sec. 384, Aug. 8, 2005,
    119 Stat. 739.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Coastal Zone Management Act of 1972, referred to in subsec.
    (a)(2), is title III of Pub. L. 89-454, as added by Pub. L. 92-583,
    Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
    generally to chapter 33 (Sec. 1451 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1451 of Title 16 and
    Tables.
      Sections 107 through 109 of division E of the Consolidated
    Appropriations Act, 2005, referred to in subsec. (a)(7), are
    sections 107 to 109 of Pub. L. 108-447, div. E, title I, Dec. 8,
    2004, 118 Stat. 3063, 3064, which are not classified to the Code.

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 amended section catchline and text
    generally. Prior to amendment, section consisted of subsecs. (a) to
    (g) relating to construction of section, definitions, authorization
    of appropriations, payments to States and political subdivisions,
    coastal impact assistance plan by the Governor of each producing
    coastal State, authorized uses of amounts provided, and repayment
    of amounts inconsistent with authorized uses.

-End-

-CITE-
    43 USC CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS

-HEAD-
                CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS            

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1361 to 1364. Repealed.                                           

            SUBCHAPTER II - SERVICE CHARGES AND EXCESS PAYMENTS        
    1371 to 1374. Repealed.                                           

                 SUBCHAPTER III - DEPOSITS AND FORFEITURES             
    1381 to 1383. Repealed.                                           

             SUBCHAPTER IV - PUBLIC LAND LAW REVIEW COMMISSION         
    1391 to 1400. Omitted.                                            

     SUBCHAPTER V - CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR
                            INTERIM MANAGEMENT
    1411 to 1418. Omitted.                                            

                    SUBCHAPTER VI - SALE OF PUBLIC LAND                
    1421 to 1427. Omitted.                                            

      SUBCHAPTER VII - SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL
                                 TRESPASS
    1431 to 1435. Omitted.                                            

                     SUBCHAPTER VIII - PUBLIC AIRPORTS                 
    1441.       Lease of contiguous public lands for public airports;
                 authority of Secretary of the Interior.              
    1442.       Terms of lease; public lands for public airports.     
    1443.       Cancellation of leases of public lands used as
                 airports made under law in force May 24, 1928.       

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Secs. 1361 to 1364                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 1361 to 1364. Repealed. Pub. L. 94-579, title VII, Sec.
      705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-
      Section 1361, Pub. L. 86-649, Sec. 2, July 14, 1960, 74 Stat.
    506, defined "public lands".
      Section 1362, Pub. L. 86-649, title I, Sec. 101, July 14, 1960,
    74 Stat. 506, authorized the Secretary of the Interior to conduct
    investigations, etc., for improvement, management, use, and
    protection of public lands and resources.
      Section 1362a, Pub. L. 91-429, Sept. 26, 1970, 84 Stat. 885,
    authorized contracts for use of aircraft, services, and supplies
    for protection from fire of public lands administered by the
    Secretary of the Interior.
      Section 1363, Pub. L. 86-649, title I, Sec. 102, July 14, 1960,
    74 Stat. 506, authorized cooperative agreements by Secretary of the
    Interior with respect to improvement, etc., of public lands and
    resources.
      Section 1364, Pub. L. 86-649, title I, Sec. 103, July 14, 1960,
    74 Stat. 506, authorized acceptance of contributions by Secretary
    of the Interior with respect to improvements, etc., of public lands
    and resources.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER II - SERVICE CHARGES AND EXCESS
           PAYMENTS                                        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER II - SERVICE CHARGES AND EXCESS PAYMENTS

-HEAD-
            SUBCHAPTER II - SERVICE CHARGES AND EXCESS PAYMENTS        

-End-

-CITE-
    43 USC Secs. 1371, 1372                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER II - SERVICE CHARGES AND EXCESS PAYMENTS

-HEAD-
    Secs. 1371, 1372. Repealed. Pub. L. 94-579, title VII, Sec. 705(a),
      Oct. 21, 1976, 90 Stat. 2792

-MISC1-
      Section 1371, Pub. L. 86-649, title II, Sec. 201, July 14, 1960,
    74 Stat. 506, related to fees, charges, and commissions for
    applications and other documents relating to public lands and
    resources.
      Section 1372, Pub. L. 86-649, title II, Sec. 202(a), July 14,
    1960, 74 Stat. 506, provided that existing fees, charges, and
    commissions remain in effect until changed or abolished by the
    Secretary.

                                  REPEALS                              
      Section 202(b) of Pub. L. 86-649 provided that: "Subject to the
    provisions of this section, any provisions in statutes which fix
    fees, service fees or charges, or commissions for the purposes
    covered in this title, are hereby repealed, including, without
    limitation, the first proviso of the General Land Office
    appropriations in the Act of February 14, 1931 (46 Stat. 1115,
    1118; 43 U.S.C. 23), section 2239 of the Revised Statutes (43
    U.S.C. 84), and such provisions of the following Acts as are
    contained in section 82, title 43, United States Code:

                  Act                               Citation            
    --------------------------------------------------------------------
    "Revised Statutes                  Section 2238.                    
    "May 14, 1880 (in sec. 2)          21 Stat. 140, 141.               
    "December 17, 1880                 21 Stat. 311.                    
    "July 26, 1892                     27 Stat. 270.                    
    "March 22, 1904                    33 Stat. 144.                    
    "May 29, 1908 (in sec. 14)         35 Stat. 465, 468.               
    "January 24, 1923                  42 Stat. 1174, 1179.             
    "June 5, 1924                      43 Stat. 390, 395.               
    "March 3, 1925                     43 Stat. 1141, 1145."            
    --------------------------------------------------------------------

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC Secs. 1373, 1374                                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER II - SERVICE CHARGES AND EXCESS PAYMENTS

-HEAD-
    Secs. 1373, 1374. Repealed. Pub. L. 94-579, title VII, Sec. 705(a),
      Oct. 21, 1976, 90 Stat. 2792

-MISC1-
      Section 1373, Pub. L. 86-649, title II, Sec. 203, July 14, 1960,
    74 Stat. 507, related to price of copies of records furnished by
    the Department of the Interior.
      Section 1374, Pub. L. 86-649, title II, Sec. 204(a), July 14,
    1960, 74 Stat. 507, related to refund of excess or other payments.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER III - DEPOSITS AND FORFEITURES            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER III - DEPOSITS AND FORFEITURES

-HEAD-
                 SUBCHAPTER III - DEPOSITS AND FORFEITURES             

-End-

-CITE-
    43 USC Secs. 1381 to 1383                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER III - DEPOSITS AND FORFEITURES

-HEAD-
    Secs. 1381 to 1383. Repealed. Pub. L. 94-579, title VII, Sec.
      705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-
      Section 1381, Pub. L. 86-649, title III, Sec. 301, July 14, 1960,
    74 Stat. 507, related to forfeiture of bond or deposit by timber
    purchaser or permittee.
      Section 1382, Pub. L. 86-649, title III, Sec. 302, July 14, 1960,
    74 Stat. 507, related to maintenance of roads and trails under
    jurisdiction of Bureau of Land Management and deposit of funds to
    insure maintenance.
      Section 1383, Pub. L. 86-649, title III, Sec. 303, July 14, 1960,
    74 Stat. 508, related to Oregon and California Railroad and Coos
    Bay Wagon Road Grant lands.

                         EFFECTIVE DATE OF REPEAL                     
      Section 705(a) of Pub. L. 94-579 provided that the repeal made by
    that section is effective on and after Oct. 21, 1976.

                             SAVINGS PROVISION                         
      Repeal by Pub. L. 94-579 not to be construed as terminating any
    valid lease, permit, patent, etc., existing on Oct. 21, 1976, see
    section 701 of Pub. L. 94-579, set out as a note under section 1701
    of this title.

-End-

-CITE-
    43 USC SUBCHAPTER IV - PUBLIC LAND LAW REVIEW COMMISSION    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER IV - PUBLIC LAND LAW REVIEW COMMISSION

-HEAD-
             SUBCHAPTER IV - PUBLIC LAND LAW REVIEW COMMISSION         

-End-

-CITE-
    43 USC Secs. 1391 to 1400                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER IV - PUBLIC LAND LAW REVIEW COMMISSION

-HEAD-
    Secs. 1391 to 1400. Omitted

-COD-
                               CODIFICATION                           
      Sections 1391 to 1400 of this title, which related to the Public
    Land Law Review Commission, were omitted in view of the termination
    of the Commission pursuant to section 1394 of this title.
      Section 1391, Pub. L. 88-606, Sec. 1, Sept. 19, 1964, 78 Stat.
    982, related to Congressional declaration of policy.
      Section 1392, Pub. L. 88-606, Sec. 2, Sept. 19, 1964, 78 Stat.
    982, provided for review of public land laws.
      Section 1393, Pub. L. 88-606, Sec. 3, Sept. 19, 1964, 78 Stat.
    982, established Public Land Law Review Commission and provided for
    membership, a chairman, vacancies, and compensation.
      Section 1394, Pub. L. 88-606, Sec. 4, Sept. 19, 1964, 78 Stat.
    983; Pub. L. 90-213, Sec. 1(1), (2), Dec. 18, 1967, 81 Stat. 660,
    related to duties of Commission and provided that Commission, not
    later than June 30, 1970, submit its final report to President and
    Congress and that six months after submission of this report or on
    Dec. 31, 1970, whichever was earlier, the Commission cease to
    exist.
      Section 1395, Pub. L. 88-606, Sec. 5, Sept. 19, 1964, 78 Stat.
    983, related to departmental liaison officers.
      Section 1396, Pub. L. 88-606, Sec. 6, Sept. 19, 1964, 78 Stat.
    983, established an advisory council to aid Commission.
      Section 1397, Pub. L. 88-606, Sec. 7, Sept. 19, 1964, 78 Stat.
    984, related to representation of State Governors.
      Section 1398, Pub. L. 88-606, Sec. 8, Sept. 19, 1964, 78 Stat.
    984; Pub. L. 90-213, Sec. 1(4), Dec. 18, 1967, 81 Stat. 660,
    related to powers of Commission.
      Section 1399, Pub. L. 88-606, Sec. 9, Sept. 19, 1964, 78 Stat.
    985; Pub. L. 90-213, Sec. 1(3), Dec. 18, 1967, 81 Stat. 660,
    related to appropriations, compensation of chairman and staff
    director, contracts and transfer of fund.
      Section 1400, Pub. L. 88-606, Sec. 10, Sept. 19, 1964, 78 Stat.
    985, defined public land as used in this subchapter.

-End-

-CITE-
    43 USC SUBCHAPTER V - CLASSIFICATION OF LANDS TO PROVIDE
           FOR DISPOSAL OR INTERIM MANAGEMENT              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER V - CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR
                    INTERIM MANAGEMENT          

-HEAD-
     SUBCHAPTER V - CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR
                            INTERIM MANAGEMENT

-End-

-CITE-
    43 USC Secs. 1411 to 1418                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER V - CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR
                    INTERIM MANAGEMENT          

-HEAD-
    Secs. 1411 to 1418. Omitted

-COD-
                               CODIFICATION                           
      Sections 1411 to 1418 of this title, which related to the
    classification of lands to provide for disposal or interim
    management, were omitted pursuant to section 1418 of this title
    which terminated this authority.
      Section 1411, Pub. L. 88-607, Sec. 1, Sept. 19, 1964, 78 Stat.
    986, authorized Secretary of the Interior to classify lands for
    purpose of disposal or retention.
      Section 1412, Pub. L. 88-607, Sec. 2, Sept. 19, 1964, 78 Stat.
    986, related to publication of notice by Secretary.
      Section 1413, Pub. L. 88-607, Sec. 3, Sept. 19, 1964, 78 Stat.
    986, related to development and administration of lands for
    multiple use and sustained yield.
      Section 1414, Pub. L. 88-607, Sec. 4, Sept. 19, 1964, 78 Stat.
    987, related to exemption of lands from other forms of disposal for
    certain period of time.
      Section 1415, Pub. L. 88-607, Sec. 5, Sept. 19, 1964, 78 Stat.
    987, related to definitions.
      Section 1416, Pub. L. 88-607, Sec. 6, Sept. 19, 1964, 78 Stat.
    988, related to supplemental legislation and provided that this
    subchapter not be construed as repealing any existing laws.
      Section 1417, Pub. L. 88-607, Sec. 7, Sept. 19, 1964, 78 Stat.
    988, related to restrictions.
      Section 1418, Pub. L. 88-607, Sec. 8, Sept. 19, 1964, 78 Stat.
    988; Pub. L. 90-213, Sec. 2, Dec. 18, 1967, 81 Stat. 660, provided
    that the authorizations and requirements of this subchapter expire
    six months after the final report of the Public Land Law Review
    Commission, which report was to be submitted not later than June
    30, 1970.

-End-

-CITE-
    43 USC SUBCHAPTER VI - SALE OF PUBLIC LAND                  01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VI - SALE OF PUBLIC LAND

-HEAD-
                    SUBCHAPTER VI - SALE OF PUBLIC LAND                

-End-

-CITE-
    43 USC Secs. 1421 to 1427                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VI - SALE OF PUBLIC LAND

-HEAD-
    Secs. 1421 to 1427. Omitted

-COD-
                               CODIFICATION                           
      Sections 1421 to 1427 of this title, which related to the sale of
    public land, were omitted pursuant to section 1427 of this title,
    which terminated this authority.
      Section 1421, Pub. L. 88-608, Sec. 1, Sept. 19, 1964, 78 Stat.
    988, authorized and directed Secretary of the Interior to dispose
    of public lands in tracts not exceeding a certain size at the
    appraised fair market value thereof.
      Section 1422, Pub. L. 88-608, Sec. 2, Sept. 19, 1964, 78 Stat.
    988, related to notification of local zoning authority by the
    Secretary of the Interior.
      Section 1423, Pub. L. 88-608, Sec. 3, Sept. 19, 1964, 78 Stat.
    989, related to notice of land offerings by publication.
      Section 1424, Pub. L. 88-608, Sec. 4, Sept. 19, 1964, 78 Stat.
    989, related to title reservations.
      Section 1425, Pub. L. 88-608, Sec. 5, Sept. 19, 1964, 78 Stat.
    989, defined "public lands", "qualified governmental agency", and
    "qualified individual".
      Section 1426, Pub. L. 88-608, Sec. 6, Sept. 19, 1964, 78 Stat.
    989, related to sales in Alaska.
      Section 1427, Pub. L. 88-608, Sec. 7, Sept. 19, 1964, 78 Stat.
    989; Pub. L. 90-213, Sec. 3, Dec. 18, 1967, 81 Stat. 660, provided
    that authority granted by this subchapter expire six months after
    final report of the Public Land Law Review Commission, which report
    was to be submitted not later than June 30, 1970, except that sales
    concerning which notice had been given in accordance with section
    1423 of this title prior to such time could be consummated and
    patents issued in connection therewith after such time.

-End-

-CITE-
    43 USC SUBCHAPTER VII - SALE OF PUBLIC LANDS SUBJECT TO
           UNINTENTIONAL TRESPASS                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VII - SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL
           TRESPASS                                      

-HEAD-
      SUBCHAPTER VII - SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL
                                 TRESPASS

-End-

-CITE-
    43 USC Secs. 1431 to 1435                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VII - SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL
           TRESPASS                                      

-HEAD-
    Secs. 1431 to 1435. Omitted

-COD-
                               CODIFICATION                           
      Sections 1431 to 1435, relating to the sale of public lands
    subject to unintentional trespass, were omitted pursuant to section
    1435 of this title, which provided for an expiration date three
    years after September 26, 1968, with certain exceptions.
      Section 1431, Pub. L. 90-516, Sec. 1, Sept. 26, 1968, 82 Stat.
    870, authorized Secretary of the Interior to sell at public auction
    any tract of public domain not exceeding a certain size which was
    subject to unintentional trespass.
      Section 1432, Pub. L. 90-516, Sec. 2, Sept. 26, 1968, 82 Stat.
    870, related to preference rights of contiguous landowners.
      Section 1433, Pub. L. 90-516, Sec. 3, Sept. 26, 1968, 82 Stat.
    870, related to continuing liability for unauthorized prior use.
      Section 1434, Pub. L. 90-516, Sec. 4, Sept. 26, 1968, 82 Stat.
    870, related to acreage limitations.
      Section 1435, Pub. L. 90-516, Sec. 5, Sept. 26, 1968, 82 Stat.
    870, provided that authority granted by this subchapter expire
    three years from Sept. 26, 1968, except that sales for which
    application had been made in accordance with this subchapter prior
    to expiration of that period could be consummated and patents
    issued after expiration of that period.

-End-

-CITE-
    43 USC SUBCHAPTER VIII - PUBLIC AIRPORTS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VIII - PUBLIC AIRPORTS

-HEAD-
                     SUBCHAPTER VIII - PUBLIC AIRPORTS                 

-End-

-CITE-
    43 USC Sec. 1441                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VIII - PUBLIC AIRPORTS

-HEAD-
    Sec. 1441. Lease of contiguous public lands for public airports;
      authority of Secretary of the Interior

-STATUTE-
      The Secretary of the Interior is authorized, in his discretion
    and under such regulations as he may prescribe, to lease for use as
    a public airport any contiguous public lands, unreserved and
    unappropriated, not to exceed two thousand five hundred and sixty
    acres in area, subject to valid rights in such lands under the
    public-land laws.

-SOURCE-
    (May 24, 1928, ch. 728, Sec. 1, 45 Stat. 728; Aug. 16, 1941, ch.
    354, 55 Stat. 621.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public-land laws, referred to in text, are classified
    generally to this title.

-COD-
                               CODIFICATION                           
      Section was previously classified to section 211 of former Title
    49, Transportation.

-MISC1-
                                AMENDMENTS                            
      1941 - Act Aug. 16, 1941, increased area of land authorized for
    lease as airport from six hundred and forty acres to two thousand
    five hundred and sixty acres.

-End-

-CITE-
    43 USC Sec. 1442                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VIII - PUBLIC AIRPORTS

-HEAD-
    Sec. 1442. Terms of lease; public lands for public airports

-STATUTE-
      Any lease under section 1441 of this title shall be for a period
    not to exceed twenty years, subject to renewal for like periods
    upon agreement of the Secretary of the Interior and the lessee. Any
    such lease shall be subject to the following conditions:
      (a) That an annual rental of such sum as the Secretary of the
    Interior may fix for the use of the lands shall be paid to the
    United States.
      (b) That the lessee shall maintain the lands in such condition,
    and provide for the furnishing of such facilities, service, fuel,
    and other supplies, as are necessary to make the lands available
    for public use as an airport of a rating which may be prescribed by
    the Administrator of the Federal Aviation Agency.
      (c) That the lessee shall make reasonable regulations to govern
    the use of the airport, but such regulations shall take effect only
    upon approval by the Administrator of the Federal Aviation Agency.
      (d) That all departments and agencies of the United States
    operating aircraft (1) shall have free and unrestricted use of the
    airport, and (2) with the approval of the Secretary of the
    Interior, shall have the right to erect and install therein such
    structures and improvements as the heads of such departments and
    agencies deem advisable, including facilities for maintaining
    supplies of fuel, oil, and other materials for operating aircraft.
      (e) That whenever the President may deem it necessary for
    military purposes, the Secretary of the Army may assume full
    control of the airport.

-SOURCE-
    (May 24, 1928, ch. 728, Sec. 2, 45 Stat. 728; June 23, 1938, ch.
    601, Sec. 1107(b), 52 Stat. 1027; July 26, 1947, ch. 343, title II,
    Sec. 205(a), 61 Stat. 501; Pub. L. 85-726, title XIV, Secs.
    1401(b), 1402(a), Aug. 23, 1958, 72 Stat. 806.)

-COD-
                               CODIFICATION                           
      Section was previously classified to section 212 of former Title
    49, Transportation.

-MISC1-
                                AMENDMENTS                            
      1958 - Subsecs. (b), (c). Pub. L. 85-726, Sec. 1402(a),
    substituted "Administrator of the Federal Aviation Agency" for
    "Civil Aeronautics Authority".
      1938 - Subsecs. (b), (c). Act June 23, 1938, substituted "Civil
    Aeronautics Authority" for "Secretary of Commerce".

-CHANGE-
                              CHANGE OF NAME                          
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted "Title 10, Armed Forces" which in sections 3010 to 3013
    continued Department of the Army under administrative supervision
    of a Secretary of the Army.

-MISC2-
                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Section 1505(2) of Pub. L. 85-726 provided that the amendment
    made by Pub. L. 85-726 is effective on 60th day following date on
    which Administrator of Federal Aviation Agency first appointed
    under Pub. L. 85-726 qualifies and takes office. Administrator
    appointed, qualified, and took office Oct. 31, 1958.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain real property and functions relating to
    real property, insofar as they pertain to Air Force, from Secretary
    of the Army and Department of the Army to Secretary of the Air
    Force and Department of the Air Force, see Secretary of Defense
    Transfer Order No. 14 [Sec. 2(17)], eff. July 1, 1948.

-End-

-CITE-
    43 USC Sec. 1443                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 30 - ADMINISTRATION OF PUBLIC LANDS
    SUBCHAPTER VIII - PUBLIC AIRPORTS

-HEAD-
    Sec. 1443. Cancellation of leases of public lands used as airports
      made under law in force May 24, 1928

-STATUTE-
      With the consent of the lessee, the Secretary of the Interior is
    authorized to cancel any lease of public lands for use as public
    aviation fields or airports, made under law in force May 24, 1928,
    and to lease such lands to the lessee upon the conditions
    prescribed by section 1442 of this title.

-SOURCE-
    (May 24, 1928, ch. 728, Sec. 3, 45 Stat. 729.)

-COD-
                               CODIFICATION                           
      Section was previously classified to section 213 of former Title
    49, Transportation.

-End-

-CITE-
    43 USC CHAPTER 31 - DEPARTMENT OF THE INTERIOR              01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
                  CHAPTER 31 - DEPARTMENT OF THE INTERIOR              

-MISC1-
    Sec.                                                     
    1451.       Establishment.                                        
    1452.       Deputy Secretary of the Interior; appointment.        
    1453.       Assistant Secretaries of the Interior.                
    1453a.      Additional Assistant Secretary of the Interior;
                 appointment; duties; compensation.                   
    1454.       Duties of Assistant Secretary and Assistant to
                 Secretary.                                           
    1455.       Solicitor; appointment; duties.                       
    1456.       Chief clerk.                                          
    1456a.      Repealed.                                             
    1457.       Duties of Secretary.                                  
    1457a.      Authorization of appropriations for particular
                 programs.                                            
                  (a)  Maximum amounts for specified years.           
                  (b)  Ceilings on certain appropriations.            
                  (c)  Additional limitations.                        
                  (d)  Omitted.                                       
                  (e)  Applicable programs.                           
    1458.       Secretary to exercise certain powers over Territories.
    1459.       Expenditures of department.                           
    1460.       Copies of records, documents, etc.; charges;
                 disposition of receipts.                             
    1461.       Rules and regulations governing inspection and
                 copying.                                             
    1462.       Attestation of copies by official seal.               
    1463.       Disposition of receipts.                              
    1464.       Agents or attorneys representing claimants before
                 department.                                          
    1465.       Annual reports of department and its bureaus.         
    1466.       Administration of oaths, affirmations, etc., by
                 employees of Division of Investigations; force and
                 effect.                                              
    1467.       Working capital fund; establishment; uses;
                 reimbursement.                                       
    1467a.      Working capital fund; credit card refunds or rebates. 
    1468.       Working capital fund; availability for uniforms or
                 allowances therefor.                                 
    1469.       Employment and compensation of personnel to perform
                 work occasioned by emergencies.                      
    1470.       Appropriations; availability for certain
                 administrative expenses.                             
    1471.       Appropriations; availability for payment of property
                 damages.                                             
    1471a.      Availability of appropriations for emergency repair or
                 replacement of damaged or destroyed facilities and
                 equipment.                                           
    1471b.      Availability of appropriations for suppression and
                 emergency prevention of forest and range fires.      
    1471c.      Availability of appropriations for operation of
                 warehouses, garages, shops, and similar facilities.  
    1471c-1.    Availability of appropriations for operation of
                 warehouses, garages, shops, and similar facilities.  
    1471d.      Availability of appropriations for transportation,
                 reprint, telephone, and library membership expenses. 
    1471e.      Reimbursement of employee license costs and
                 certification fees.                                  
    1471f.      Availability of appropriations for incremental funding
                 of research work orders for cooperative agreements.  
    1471g.      Availability of appropriations to support Memorial Day
                 and Fourth of July ceremonies and activities in
                 National Capital Region.                             
    1471h.      Availability of appropriations for uniforms or
                 allowances.                                          
    1471i.      Availability of appropriations for services or
                 rentals.                                             
    1472.       Bureau of Reclamation working capital fund.           
                  (a)  Establishment; management of support activities
                        of Bureau                                     
                  (b)  Fund credits; transfers to fund.               
                  (c)  Use of funds to provide materials, supplies,
                        equipment, work, and services.                
                  (d)  Charges to users.                              
                  (e)  Authorization of appropriations.               
                  (f)  Unnecessary funds covered into miscellaneous
                        receipts of Treasury.                         
    1473.       Acceptance of contributions from private and public
                 sources by Mineral Management Service.               
    1473a.      Acceptance of contributions by Secretary; cooperation
                 with prosecution of projects.                        
    1473b.      Awards for contributions to Department of the Interior
                 programs.                                            
    1473c.      Payment of costs incidental to services contributed by
                 volunteers.                                          
    1473d.      Insurance costs covering vehicles, aircraft, and boats
                 operated by Department of the Interior in Canada and
                 Mexico.                                              
    1473e.      Acceptance of donations and bequests for Natural
                 Resources Library.                                   
    1474.       Availability of receipts from administrative fees for
                 program operations in Mining Law Administration.     
    1474a.      Emergency Department of the Interior Firefighting
                 Fund; amounts considered "emergency requirements".   
    1474b.      Natural Resource Damage Assessment and Restoration
                 Fund; availability of assessments.                   
    1474b-1.    Transfer of funds from Natural Resource Damage
                 Assessment and Restoration Fund.                     
    1474c.      North American Wetlands Conservation Fund;
                 availability of fines or forfeitures.                
    1474d.      Environmental Improvement and Restoration Fund.       
                  (a)  Fund.                                          
                  (b)  Investments.                                   
                  (c)  Transfer and availability of amounts earned.   
                  (d)  Projects.                                      
                  (e)  Marine research activities.                    
    1474e.      Sums received by the Bureau of Land Management for the
                 sale of seeds.                                       
    1475.       Bureau of Reclamation acceptance of services of
                 volunteers.                                          
    1475a.      Participation of non-Federal entities in contract
                 negotiations and source selection proceedings.       
    1475b       Volunteer authority.                                  
                  (a)  In general.                                    
                  (b)  Restrictions on activities of volunteers.      
                  (c)  Provision of services and costs.               
                  (d)  Federal employment status of volunteers.       

-End-

-CITE-
    43 USC Sec. 1451                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1451. Establishment

-STATUTE-
      There shall be at the seat of government an executive department
    to be known as the Department of the Interior, and a Secretary of
    the Interior, who shall be the head thereof.

-SOURCE-
    (R.S. Sec. 437.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 437 derived from act Mar. 3, 1849, ch. 108, Sec. 1, 9
    Stat. 395.
      Section was formerly classified to section 481 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                       SHORT TITLE OF 2005 AMENDMENT                   
      Pub. L. 109-125, Sec. 1, Dec. 7, 2005, 119 Stat. 2544, provided
    that: "This Act [enacting section 1475b of this title and
    provisions set out as a note under section 1475b of this title] may
    be cited as the 'Department of the Interior Volunteer Recruitment
    Act of 2005'."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out below.

-MISC2-
      CHARGES FOR USE OF PROPERTY AT MAIN AND SOUTH INTERIOR BUILDING
                         COMPLEX, WASHINGTON, D.C.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 115],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-158, provided that:
    "Notwithstanding any other provision of law, in fiscal year 2000
    and thereafter, the Secretary is authorized to permit persons,
    firms or organizations engaged in commercial, cultural,
    educational, or recreational activities (as defined in section 612a
    of title 40, United States Code) [now sections 3301(a)(4), (5) and
    3306(a) of Title 40, Public Buildings, Property, and Works] not
    currently occupying such space to use courtyards, auditoriums,
    meeting rooms, and other space of the main and south Interior
    building complex, Washington, D.C., the maintenance, operation, and
    protection of which has been delegated to the Secretary from the
    Administrator of General Services pursuant to the Federal Property
    and Administrative Services Act of 1949 [now chapters 1 to 11 of
    Title 40, Public Buildings, Property, and Works, and title III of
    the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and to assess
    reasonable charges therefore, subject to such procedures as the
    Secretary deems appropriate for such uses. Charges may be for the
    space, utilities, maintenance, repair, and other services. Charges
    for such space and services may be at rates equivalent to the
    prevailing commercial rate for comparable space and services
    devoted to a similar purpose in the vicinity of the main and south
    Interior building complex, Washington, D.C., for which charges are
    being assessed. The Secretary may without further appropriation
    hold, administer, and use such proceeds within the Departmental
    Management Working Capital Fund to offset the operation of the
    buildings under his jurisdiction, whether delegated or otherwise,
    and for related purposes, until expended."
      Similar provisions were contained in Pub. L. 105-277, div. A,
    Sec. 101(e) [title I, Sec. 117], Oct. 21, 1998, 112 Stat. 2681-231,
    2681-256.

                         COMPENSATION OF SECRETARY                     
      Compensation of Secretary, see section 5312 of Title 5,
    Government Organization and Employees.

                            ORDER OF SUCCESSION                        
      For order of succession during any period when both Secretary and
    Deputy Secretary of the Interior are unable to perform functions
    and duties of office of Secretary, see Ex. Ord. No. 13244, Dec. 18,
    2001, 66 F.R. 66267, set out as a note under section 3345 of Title
    5, Government Organization and Employees.

-EXEC-
                         EXECUTIVE ORDER NO. 9432                     
      Ex. Ord. No. 9432, eff. Mar. 28, 1944, 9 F.R. 3411, which related
    to designation of Under Secretary and Assistant Secretaries of the
    Interior to act as Secretary of the Interior, was superseded by Ex.
    Ord. No. 9866, eff. June 14, 1947, 12 F.R. 3909, formerly set out
    below.

                         EXECUTIVE ORDER NO. 9866                     
      Ex. Ord. No. 9866, eff. June 14, 1947, 12 F.R. 3909, which
    related to designation of officers to act as Secretary of the
    Interior, was superseded by Ex. Ord. No. 10156, eff. Aug. 26, 1950,
    15 F.R. 5789, formerly out below.

                         EXECUTIVE ORDER NO. 10156                     
      Ex. Ord. No. 10156, eff. Aug. 26, 1950, 15 F.R. 5789, which
    related to designation of certain officers of Department of the
    Interior to act as Secretary of the Interior, was superseded by Ex.
    Ord. No. 10753, eff. Feb. 15, 1958, 23 F.R. 1107, formerly set out
    below.

                         EXECUTIVE ORDER NO. 10753                     
      Ex. Ord. No. 10753, eff. Feb. 15, 1958, 23 F.R. 1107, which
    provided for succession to office of Secretary of the Interior, was
    superseded by Ex. Ord. No. 11487, eff. Oct. 6, 1969, 34 F.R. 15593,
    formerly set out as a note under section 3345 of Title 5,
    Government Organization and Employees.

-MISC3-
                     REORGANIZATION PLAN NO. 3 OF 1950                 

    EFF. MAY 24, 1950, 15 F.R. 3174, 64 STAT. 1262, AS AMENDED JUNE 1,
                 1971, PUB. L. 92-22, SEC. 3, 85 STAT. 76.
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 13, 1950,
      pursuant to the provisions of the Reorganization Act of 1949,
      approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

                        DEPARTMENT OF THE INTERIOR                    

             SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY         
      (a) Except as otherwise provided in subsection (b) of this
    section, there are hereby transferred to the Secretary of the
    Interior all functions of all other officers of the Department of
    the Interior and all functions of all agencies and employees of
    such Department.
      (b) This section shall not apply to the functions vested by the
    Administrative Procedure Act (60 Stat. 237) [see 5 U.S.C. 551 et
    seq. and 701 et seq.] in hearing examiners employed by the
    Department of the Interior, nor to the functions of the Virgin
    Islands Corporation or of its Board of Directors or officers.

               SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY           
      The Secretary of the Interior may from time to time make such
    provisions as he shall deem appropriate authorizing the performance
    by an other officer, or by any agency or employee, of the
    Department of the Interior of any function of the Secretary,
    including any function transferred to the Secretary by the
    provisions of this reorganization plan.

                SEC. 3. ASSISTANT SECRETARY OF THE INTERIOR            
      There shall be in the Department of the Interior one additional
    Assistant Secretary of the Interior, who shall be appointed by the
    President, by and with the advice and consent of the Senate, who
    shall perform such duties as the Secretary of the Interior shall
    prescribe, and who shall receive compensation at the rate
    prescribed by law for Assistant Secretaries of executive
    departments.

                SEC. 4. ADMINISTRATIVE ASSISTANT SECRETARY            
      [Repealed. Pub. L. 92-22, Sec. 3, June 1, 1971, 85 Stat. 76.
    Section authorized appointment of Administrative Assistant
    Secretary of the Interior. See 43 U.S.C. 1453a and 5 U.S.C. 5315.
    Section 3 provided that such repeal be effective upon Senate
    confirmation of Presidential appointment of Assistant Secretary of
    the Interior under successor provisions.]

                       SEC. 5. INCIDENTAL TRANSFERS                   
      The Secretary of the Interior may from time to time effect such
    transfers within the Department of the Interior of any of the
    records, property, personnel, and unexpended balances (available or
    to be made available) of appropriations, allocations, and other
    funds of such Department as he may deem necessary in order to carry
    out the provisions of this reorganization plan.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1950, prepared
    in accordance with the Reorganization Act of 1949 and providing for
    reorganizations in the Department of the Interior. My reasons for
    transmitting this plan are stated in an accompanying general
    message.
      After investigation I have found and hereby declare that each
    reorganization included in Reorganization Plan No. 3 of 1950 is
    necessary to accomplish one or more of the purposes set forth in
    section 2(a) of the Reorganization Act of 1949.
      I have found and hereby declare that it is necessary to include
    in the accompanying reorganization plan, by reason of
    reorganizations made thereby, provisions for the appointment and
    compensation of an Assistant Secretary of the Interior and an
    Administrative Assistant Secretary of the Interior. The rate of
    compensation fixed for these officers is that which I have found to
    prevail in respect of comparable officers in the executive branch
    of the Government.
      The taking effect of the reorganizations included in this plan
    may not in itself result in substantial immediate savings. However,
    many benefits in improved operations are probable during the next
    years which will result in a reduction in expenditures as compared
    with those that would be otherwise necessary. An itemization of
    these reductions in advance of actual experience under this plan is
    not practicable.
                                                        Harry S. Truman.

      The White House, March 13, 1950.

-End-

-CITE-
    43 USC Sec. 1452                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1452. Deputy Secretary of the Interior; appointment

-STATUTE-
      The position of Deputy Secretary is established in the Department
    of the Interior with appointment thereto by the President, by and
    with the advice and consent of the Senate.

-SOURCE-
    (May 9, 1935, ch. 101, Sec. 1, 49 Stat. 177; Pub. L. 101-509, title
    V, Sec. 529 [title I, Sec. 112(a)(2)], Nov. 5, 1990, 104 Stat.
    1427, 1454.)

-COD-
                               CODIFICATION                           
      Provisions of this section which prescribed the annual rate of
    basic compensation of the Deputy Secretary were omitted to conform
    to the provisions of the Federal Executive Salary Schedule. See
    section 5313 of Title 5, Government Organization and Employees.
      Section was formerly classified to section 481a of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-509 substituted "Deputy Secretary" for "Under
    Secretary".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-509 effective on first day of first pay
    period beginning on or after Nov. 5, 1990, with continued service
    by incumbent Under Secretary of the Interior, see section 529
    [title I, Sec. 112(e)(1), (2)(B)] of Pub. L. 101-509, set out as a
    note under section 3404 of Title 20, Education.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 1453                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1453. Assistant Secretaries of the Interior

-STATUTE-
      There shall be in the Department of the Interior two Assistant
    Secretaries of the Interior who shall be without numerical
    distinction of rank and who shall be appointed by the President, by
    and with the advice and consent of the Senate.

-SOURCE-
    (R.S. Sec. 438; Mar. 3, 1885, ch. 360, 23 Stat. 497; Mar. 3, 1917,
    ch. 163, Sec. 1, 39 Stat. 1102; Feb. 29, 1944, ch. 72, 58 Stat.
    107.)

-COD-
                               CODIFICATION                           
      Act Feb. 29, 1944, provided that the Assistant Secretaries shall
    be without numerical distinction of rank.
      R.S. Sec. 438 derived from acts Mar. 14, 1862, ch. 41, Sec. 6, 12
    Stat. 369; Mar. 3, 1873, ch. 226, Sec. 1, 17 Stat. 486.
      Section was formerly classified to section 482 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Functions, powers, and duties of Office of Audit and
    Investigation in Department of the Interior transferred to Office
    of Inspector General in Department of the Interior, as established
    by section 9(a)(1)(F) of Inspector General Act of 1978, Pub. L. 95-
    452, set out in the Appendix to Title 5, Government Organization
    and Employees.

-MISC1-
                    ADMINISTRATIVE ASSISTANT SECRETARY                
      An Administrative Assistant Secretary of the Interior, to be
    appointed, with the approval of the President, by the Secretary of
    the Interior under the classified civil service, to perform such
    duties as the Secretary of the Interior shall prescribe, and to
    receive compensation at the rate of $14,800 per annum, was provided
    for by section 4 of Reorg. Plan No. 3 of 1950, eff. May 24, 1950,
    15 F.R. 3174, 64 Stat. 1262, set out as a note under section 1451
    of this title, prior to repeal of section 4 by Pub. L. 92-22, Sec.
    3, June 1, 1971, 85 Stat. 76.

                      ADDITIONAL ASSISTANT SECRETARY                  
      An additional Assistant Secretary of the Interior, to be
    appointed by the President, by and with the advice and consent of
    the Senate, to perform such duties as the Secretary of the Interior
    shall prescribe, and to receive compensation at the rate prescribed
    by law for Assistant Secretaries of executive departments, was
    provided for by Reorg. Plan No. 3 of 1950, Sec. 3, eff. May 24,
    1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section
    1451 of this title.

                 TEMPORARY ADDITIONAL ASSISTANT SECRETARY             
      The office of a temporary additional Assistant Secretary of the
    Interior, which was provided for by act Feb. 29, 1944, ch. 72, 58
    Stat. 107, ceased to exist by the terms of such act at the
    expiration of six months following the cessation of hostilities in
    World War II, which was proclaimed by the President at 12 o'clock
    noon of December 31, 1946, in Proc. No. 2714, 12 F.R. 1, set out as
    a note under section 601 of the Appendix to Title 50, War and
    National Defense.

-End-

-CITE-
    43 USC Sec. 1453a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1453a. Additional Assistant Secretary of the Interior;
      appointment; duties; compensation

-STATUTE-
      There shall be hereafter in the Department of the Interior, in
    addition to the Assistant Secretaries now provided by law, an
    additional Assistant Secretary of the Interior who shall be
    appointed by the President by and with the advice and consent of
    the Senate, who shall be responsible for such duties as the
    Secretary of the Interior shall prescribe, and shall receive
    compensation at the rate now or hereafter prescribed by law for
    Assistant Secretaries of the Interior.

-SOURCE-
    (Pub. L. 92-22, Sec. 1, June 1, 1971, 85 Stat. 75.)

-MISC1-
       SENATE CONFIRMATION OF PRESIDENTIAL APPOINTMENT OF ADDITIONAL
      ASSISTANT SECRETARY OF THE INTERIOR AS REPEALING PROVISIONS FOR
          ASSISTANT SECRETARY OF THE INTERIOR FOR ADMINISTRATION
      Section 3 of Pub. L. 92-22 provided that: "Section 4 of
    Reorganization Plan Numbered 3 of 1950, as amended (64 Stat. 1262)
    [set out under section 1451 of this title], and item (25) of
    section 5316, title 5, United States Code, are repealed, effective
    upon the confirmation by the United States Senate of a Presidential
    appointee to fill the position created by this Act [enacting this
    section and section 5315(18) of Title 5, Government Organization
    and Employees]."

-End-

-CITE-
    43 USC Sec. 1454                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1454. Duties of Assistant Secretary and Assistant to Secretary

-STATUTE-
      The Assistant Secretary of the Interior shall perform such duties
    in the Department of the Interior as shall be prescribed by the
    Secretary, or may be required by law. The assistant to the
    Secretary of the Interior is authorized to sign such official
    papers and documents as the Secretary may direct.

-SOURCE-
    (R.S. Sec. 439; Mar. 28, 1918, ch. 29, 40 Stat. 499.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 439 derived from act Mar. 14, 1862, ch. 41, Sec. 6, 12
    Stat. 369.
      Section was formerly classified to section 483 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 1455                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1455. Solicitor; appointment; duties

-STATUTE-
      On and after June 26, 1946 the legal work of the Department of
    the Interior shall be performed under the supervision and direction
    of the Solicitor of the Department of the Interior, who shall be
    appointed by the President with the advice and consent of the
    Senate.

-SOURCE-
    (June 26, 1946, ch. 494, 60 Stat. 312.)

-COD-
                               CODIFICATION                           
      Provisions of this section which prescribed the compensation of
    the Solicitor were omitted to conform to the provisions of the
    Federal Executive Salary Schedule. See section 5311 et seq. of
    Title 5, Government Organization and Employees.
      Section was formerly classified to section 483a of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-

-CITE-
    43 USC Sec. 1456                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1456. Chief clerk

-STATUTE-
      The chief clerk of the Department of the Interior on and after
    July 3, 1926, shall be the chief executive officer of the
    department and may be designated by the Secretary to sign official
    papers and documents, including the authorization of expenditures
    from the contingent and other appropriations for the department,
    its bureaus and offices, section 3683 (!1) of the Revised Statutes
    to the contrary notwithstanding.

-SOURCE-
    (July 3, 1926, ch. 771, Sec. 1, 44 Stat. 854.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3683 of the Revised Statutes, referred to in text, was
    classified to section 675 of former Title 31, Money and Finance,
    and repealed by act Sept. 12, 1950, ch. 946, title III, Sec.
    301(76), 64 Stat. 843.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 484 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriations acts:
      May 24, 1922, ch. 199, 42 Stat. 552.
      Jan. 24, 1923, ch. 42, 42 Stat. 1174.
      June 5, 1924, ch. 264, 43 Stat. 391.
      Mar. 3, 1925, ch. 462, 43 Stat. 1142.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-MISC2-
                    DIVISION OF ADMINISTRATIVE SERVICES                
      Interior Department Order No. 2546, dated Dec. 7, 1949 and
    amended Jan. 20, 1950, set up the Office of Administrative
    Management with an executive officer in charge, and the Chief Clerk
    of the Department was placed in charge of a Division of
    Administrative Services under that office. A further amendment to
    Department Order No. 2546, dated Aug. 15, 1950, placed the Division
    of Administrative Services, with the Chief Clerk in charge, under
    the Administrative Assistant Secretary of the Interior Department.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1456a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1456a. Repealed. Pub. L. 95-164, title III, Sec. 306(b), Nov.
      9, 1977, 91 Stat. 1322

-MISC1-
      Section, Pub. L. 93-153, title IV, Sec. 405, Nov. 16, 1973, 87
    Stat. 590, provided for appointment by the President of head of
    Mining Enforcement and Safety Administration.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 120 days after Nov. 9, 1977, see section 307 of
    Pub. L. 95-164, set out as an Effective Date of 1977 Amendment note
    under section 801 of Title 30, Mineral Lands and Mining.

-End-

-CITE-
    43 USC Sec. 1457                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1457. Duties of Secretary

-STATUTE-
      The Secretary of the Interior is charged with the supervision of
    public business relating to the following subjects and agencies:
        1. Alaska Railroad.
        2. Alaska Road Commission.
        3. Bounty-lands.
        4. Bureau of Land Management.
        5. United States Bureau of Mines.
        6. Bureau of Reclamation.
        7. Division of Territories and Island Possessions.
        8. Fish and Wildlife Service.
        9. United States Geological Survey.
        10. Indians.
        11. National Park Service.
        12. Petroleum conservation.
        13. Public lands, including mines.

-SOURCE-
    (R.S. Sec. 441; Mar. 3, 1879, ch. 182, 20 Stat. 394; Jan. 12, 1895,
    ch. 23, 28 Stat. 601; June 17, 1902, ch. 1093, Sec. 1, 32 Stat.
    388; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; Mar. 4, 1911,
    ch. 285, Sec. 1, 36 Stat. 1422; July 1, 1916, ch. 209, Sec. 1, 39
    Stat. 309; Aug. 25, 1916, ch. 408, 39 Stat. 535; Ex. Ord. No. 3861,
    eff. June 8, 1923; Ex. Ord. No. 4175, eff. Mar. 17, 1925; Ex. Ord.
    No. 5398, eff. July 21, 1930; June 30, 1932, ch. 320, Sec. 1, 47
    Stat. 446; Ex. Ord. No. 6611, eff. Feb. 22, 1934; Ex. Ord. No.
    6726, eff. May 29, 1934; June 28, 1934, ch. 865, Sec. 1, 48 Stat.
    1269; 1939 Reorg. Plan No. I, Sec. 201, eff. July 1, 1939, 4 F.R.
    2728, 53 Stat. 1424; 1939 Reorg. Plan No. II, Sec. 4(e), (f), eff.
    July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III,
    Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1940 Reorg.
    Plan No. IV, Sec. 11, eff. June 30, 1940, 5 F.R. 2422, 54 Stat.
    1236; 1946 Reorg. Plan No. 3, Sec. 403(a), eff. July 16, 1946, 11
    F.R. 7876, 60 Stat. 1100; Pub. L. 85-56, title XXII, Sec. 2201(1),
    June 17, 1957, 71 Stat. 157; Pub. L. 102-154, title I, Nov. 13,
    1991, 105 Stat. 1000; Pub. L. 102-285, Sec. 10(b), May 18, 1992,
    106 Stat. 172.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 441 derived from acts Mar. 3, 1849, ch. 108, Secs. 3, 5
    to 9, 9 Stat. 395; Feb. 5, 1859, ch. 22, Sec. 1, 11 Stat. 379; July
    20, 1868, ch. 176, Sec. 1, 15 Stat. 92, 106; July 8, 1870, ch. 230,
    Sec. 1, 16 Stat. 198.
      Section was formerly classified to section 485 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                                AMENDMENTS                            
      1957 - Pub. L. 85-56 substituted "Bounty-lands" for "Pensions and
    bounty-lands" in par. 3.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in par. (5) pursuant to section 10(b) of Pub. L. 102-285, set out
    as a note under section 1 of Title 30, Mineral Lands and Mining.
      "United States Geological Survey" substituted for "Geological
    Survey" in par. 9 pursuant to provision of title I of Pub. L. 102-
    154, set out as a note under section 31 of this title.

-MISC2-
                     EFFECTIVE DATE OF 1957 AMENDMENT                 
      Amendment by Pub. L. 85-56 effective Jan. 1, 1958, see section
    2301 of Pub. L. 85-56.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      Functions of General Land Office and of Grazing Service
    consolidated into a new agency known as Bureau of Land Management
    by Reorg. Plan No. 3 of 1946, Sec. 403(a), eff. July 16, 1946. See
    note set out under section 1 of this title.
      The following subjects of which Secretary of the Interior was
    charged with supervision by R.S. Sec. 441, were transferred in the
    manner indicated:
      Census - Transferred to Department of Commerce and Labor by act
    Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826. (See Title 13,
    Census.)
      Pensions - Transferred to Veterans' Administration by Ex. Ord.
    No. 5398 of July 21, 1930, pursuant to act July 3, 1930, ch. 863,
    Sec. 1, 46 Stat. 1016. (See Title 38, Veterans' Benefits.)
      Patents - Transferred to Department of Commerce by Ex. Ord. No.
    4175 of Mar. 17, 1925, pursuant to act Feb. 14, 1903, ch. 552 Sec.
    12, 32 Stat. 830. (See Title 35, Patents.)
      Publications, custody and distribution - Transferred to Public
    Printer and superintendent of documents by act Jan. 12, 1895, ch.
    23, 28 Stat. 601. (See Title 44, Public Printing and Documents.)
      Education - Transferred to Federal Security Agency by Reorg. Plan
    No. I of 1939, Sec. 201, 4 F.R. 2728 53 Stat. 1424, set out in the
    Appendix to Title 5, Government Organization and Employees. Federal
    Security Agency abolished by section 8 of Reorg. Plan No. 1 of
    1953, set out in the Appendix to Title 5, and its functions
    transferred to Department of Health, Education, and Welfare by
    section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
    Title 5. Functions of Department of Health, Education, and Welfare
    (relating to education) transferred to Secretary of Education by
    section 3441 of Title 20, Education.
      Government Hospital for the Insane - Designated St. Elizabeths
    Hospital by act July 1, 1916, ch. 209, Sec. 1, 39 Stat. 309 -
    Transferred to Federal Security Agency by Reorg. Plan No. IV of
    1940, Sec. 11, 5 F.R. 2422, 54 Stat. 1236, set out in the Appendix
    to Title 5, Government Organization and Employees. Federal Security
    Agency abolished by section 8 of Reorg. Plan No. 1 of 1953, set out
    in the Appendix to Title 5, and its functions transferred to
    Department of Health, Education, and Welfare by section 5 of Reorg.
    Plan No. 1 of 1953, set out in the Appendix to Title 5. Department
    of Health, Education, and Welfare redesignated Department of Health
    and Human Services by section 3508(b) of Title 20, Education.
      Columbia Asylum for the Deaf and Dumb - Designated "Columbia
    Institution for the Deaf" by act Mar. 4, 1911, ch. 285, Sec. 1, 36
    Stat. 1422, thereafter "Gallaudet College" by act June 18, 1954,
    ch. 324, Sec. 1, 68 Stat. 265, and subsequently "Gallaudet
    University" by Pub. L. 99-371, title I, Sec. 101(a), Aug. 4, 1986,
    100 Stat. 781. - Transferred to Federal Security Agency by Reorg.
    Plan No. IV of 1940, Sec. 11, 5 F.R. 2422, 54 Stat. 1236. Federal
    Security Agency abolished by section 8 of Reorg. Plan No. 1 of
    1953, set out in the Appendix to Title 5, Government Organization
    and Employees, and functions transferred to Department of Health,
    Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,
    set out in the Appendix to Title 5. Functions of Department of
    Health, Education, and Welfare (relating to education) transferred
    to Secretary of Education by section 3441 of Title 20, Education.
    See, also, section 4301 et seq. of Title 20.
      The following subjects and agencies were placed under supervision
    of Secretary of the Interior by acts and executive orders cited
    thereto:
      Alaska Railroad - Ex. Ord. No. 3861 of June 8, 1923, pursuant to
    act Mar. 12, 1914, ch. 37, 38 Stat. 305, and Ex. Ord. 11107 of Apr.
    25, 1963. For transfer to Secretary of Transportation of
    administration of Alaska Railroad and functions authorized to be
    carried out by Secretary of the Interior pursuant to Ex. Ord. No.
    11107, Apr. 25, 1963, 28 F.R. 4225, relative to operation of
    railroad, see section 6(i) of Pub. L. 89-670, Oct. 15, 1966, 80
    Stat. 941, which was classified to section 1655(i) of former Title
    49, Transportation, prior to repeal by Pub. L. 97-468, title VI,
    Sec. 615(a)(4), Jan. 14, 1983, 96 Stat. 2579. Alaska Railroad
    transferred to State of Alaska on Jan. 5, 1985, pursuant to section
    1203 of Title 45, Railroads, see section 615(a) of Pub. L. 97-468.
      Alaska Road Commission - Act June 30, 1932, ch. 320, Sec. 1, 47
    Stat. 446 - Transferred to Department of Commerce by act June 29,
    1956, ch. 462, title I, Sec. 107, 70 Stat. 377, and terminated by
    act June 25, 1959, Pub. L. 86-70, Sec. 21(d)(7), 73 Stat. 146.
      Bureau of Mines - Transferred to Department of Commerce by Ex.
    Ord. No. 4239 of June 4, 1925; retransferred to Department of the
    Interior by Ex. Ord. No. 6611 of Feb. 22, 1934.
      Functions of Secretary of the Interior, Department of the
    Interior, and officers and components of Department of the Interior
    exercised by Bureau of Mines relating to fuel supply and demand
    analysis and data gathering, research and development relating to
    increased efficiency of production technology of solid fuel
    minerals other than research relating to mine health and safety and
    research relating to environmental and leasing consequences of
    solid fuel mining, and coal preparation and analysis transferred to
    Secretary of Energy by section 7152(d) of Title 42, The Public
    Health and Welfare. Subsequently, those functions transferred to,
    and vested in, Secretary of the Interior, by section 100 of Pub. L.
    97-257, 96 Stat. 841, set out as a note under section 7152 of Title
    42.
      For provisions relating to closure and transfer of functions of
    the United States Bureau of Mines, see note set out under section 1
    of Title 30, Mineral Lands and Mining.
      Bureau of Reclamation - Act June 17, 1902, ch. 1093, 32 Stat.
    388.
      Power marketing functions of Bureau of Reclamation, including
    construction, operation, and maintenance of transmission lines and
    attendant facilities, transferred to Secretary of Energy by section
    7152(a)(1)(D), (3) of Title 42, The Public Health and Welfare, and
    to be exercised by Secretary through a separate Administration
    within Department of Energy.
      Division of Territories and Island Possessions - Ex. Ord. No.
    6726 of May 29, 1934. Functions of Division transferred to Office
    of Territories established July 28, 1950, pursuant to Secretarial
    Order No. 2577. Office of Territories ceased to exist on June 30,
    1971, and its functions assigned to Deputy Assistant Secretary for
    Territorial Affairs in Office of the Assistant Secretary for Public
    Land Management by Secretarial Order No. 2942, eff. July 1, 1971.
    Subsequently, functions and responsibilities of Deputy Assistant
    Secretary were assumed by Office of Territorial Affairs, headed by
    a Director, established by Secretarial Order No. 2951 of Feb. 6,
    1973. Functions and responsibilities of Office of Territorial
    Affairs transferred to Office of Assistant Secretary for
    Territorial and International Affairs established by Secretarial
    Order No. 3046 of Feb. 14, 1980, as amended May 14, 1980.
      Fish and Wildlife Service - 1939 Reorg. Plan No. II, Sec. 4(e),
    (f), 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, Sec. 3,
    5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5,
    Government Organization and Employees. Fish and Wildlife Service,
    created by Reorg. Plan No. III of 1940, was succeeded by United
    States Fish and Wildlife Service established by act Aug. 8, 1956,
    ch. 1036, Sec. 3, 70 Stat. 1119. See section 742b of Title 16,
    Conservation.
      Geological Survey - Act Mar. 3, 1879, ch. 182, 20 Stat. 394.
      Grazing - Act June 28, 1934, ch. 865, 48 Stat. 1269.
      National Park Service - Act Aug. 25, 1916, ch. 408, 39 Stat. 535.
      Office of Consumers' Counsel of National Bituminous Coal
    Commission - Abolished and functions transferred to office of
    Solicitor of Department of the Interior, by Reorg. Plan No. II of
    1939, Sec. 4(c), eff. July 1, 1939, set out in the Appendix to
    Title 5, Government Organization and Employees. Its functions,
    records, property, and personnel were subsequently transferred from
    Solicitor to Bituminous Coal Consumers' Counsel.
      Petroleum conservation - Section 3 of Ex. Ord. No. 10752, eff.
    Feb. 12, 1958, 23 F.R. 973, superseded Ex. Ord. No. 6979, eff. Feb.
    28, 1935, Ex. Ord. No. 7756, eff. Dec. 1, 1937, 2 F.R. 2664, and
    Ex. Ord. No. 9732, eff. June 3, 1946, 11 F.R. 5985, formerly
    classified as notes to this section.

                     EMERGENCY PREPAREDNESS FUNCTIONS                 
      For assignment of certain emergency preparedness functions to
    Secretary of the Interior, see Parts 1, 2, and 10 of Ex. Ord. No.
    12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
    section 5195 of Title 42, The Public Health and Welfare.

-MISC3-
         REPORT TO CONGRESS ON AVAILABILITY OF FEDERAL PROGRAMS TO
       TERRITORIES OF UNITED STATES; AUTHORIZATION OF APPROPRIATIONS
      Pub. L. 95-134, title IV, Sec. 401, Oct. 15, 1977, 91 Stat. 1163,
    directed the Secretary of the Interior to submit to the Congress no
    later than Jan. 1, 1978, a report on Federal programs available to
    United States territories and authorized an appropriation of
    $50,000 for fiscal year 1978.

      STUDY OF HEALTH AND SAFETY CONDITIONS IN METAL AND NONMETALLIC
                                   MINES
      Pub. L. 87-300, Sept. 26, 1961, 75 Stat. 649, directed Secretary
    of the Interior to make a study on health and safety conditions in
    metal and nonmetallic mines, excluding coal and lignite mines,
    which study was to cover causes of injuries and health hazards, the
    relative effectiveness of voluntary versus mandatory reporting of
    accident statistics, the relative contribution to safety of
    inspection programs embodying right-of-entry and right-of-entry
    with enforcement authority, the effectiveness of health and safety
    training programs, the cost of an effective safety program, and the
    scope and adequacy of State mine safety laws, and to submit his
    findings, accompanied with recommendations for an effective safety
    program for metal and nonmetallic mines, excluding coal or lignite
    mines, to Congress not later then two years after Sept. 26, 1961.

           SURVEYS, INVESTIGATIONS AND RESEARCH; APPROPRIATIONS       
      Pub. L. 85-743, Aug. 23, 1958, 72 Stat. 837, provided: "That the
    authority vested in the Secretary of the Interior, to perform
    surveys, investigations, and research in geology, biology, minerals
    and water resources, and mapping is hereby extended to include
    Antarctica and the Trust Territory of the Pacific Islands.
      "Sec. 2. The Secretary of the Interior is authorized to compile
    maps of Antarctica from materials already available and from such
    additional material as may result from the several expeditions in
    support of the International Geophysical Year.
      "Sec. 3. Nothing in this Act shall be construed to authorize the
    absorption or modification of, or change in any way, the
    responsibility of any other department or agency of the United
    States, including the performance of surveys, mapping, and
    compilation of maps.
      "Sec. 4. There are hereby authorized to be appropriated such sums
    as may be necessary to carry out the purposes of this Act."
      [For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.]

-EXEC-
                         EXECUTIVE ORDER NO. 9633                     
      Ex. Ord. No. 9633, eff. Sept. 28, 1945, 10 F.R. 12305, which
    reserved and placed certain resources of the Continental Shelf
    under the control and jurisdiction of the Secretary of the
    Interior, was revoked by Ex. Ord. No. 10426, eff. Jan. 16, 1953, 18
    F.R. 405.

     EX. ORD. NO. 12906. COORDINATING GEOGRAPHIC DATA ACQUISITION AND
             ACCESS: THE NATIONAL SPATIAL DATA INFRASTRUCTURE
      Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, as amended by
    Ex. Ord. No. 13286, Sec. 25, Feb. 28, 2003, 68 F.R. 10624,
    provided:
      Geographic information is critical to promote economic
    development, improve our stewardship of natural resources, and
    protect the environment. Modern technology now permits improved
    acquisition, distribution, and utilization of geographic (or
    geospatial) data and mapping. The National Performance Review has
    recommended that the executive branch develop, in cooperation with
    State, local, and tribal governments, and the private sector, a
    coordinated National Spatial Data Infrastructure to support public
    and private sector applications of geospatial data in such areas as
    transportation, community development, agriculture, emergency
    response, environmental management, and information technology.
      NOW, THEREFORE, by the authority vested in me as President by the
    Constitution and the laws of the United States of America; and to
    implement the recommendations of the National Performance Review;
    to advance the goals of the National Information Infrastructure;
    and to avoid wasteful duplication of effort and promote effective
    and economical management of resources by Federal, State, local,
    and tribal governments, it is ordered as follows:
      Section 1. DEFINITIONS. (a) "National Spatial Data
    Infrastructure" ("NSDI") means the technology, policies, standards,
    and human resources necessary to acquire, process, store,
    distribute, and improve utilization of geospatial data.
      (b) "Geospatial data" means information that identifies the
    geographic location and characteristics of natural or constructed
    features and boundaries on the earth. This information may be
    derived from, among other things, remote sensing, mapping, and
    surveying technologies. Statistical data may be included in this
    definition at the discretion of the collecting agency.
      (c) The "National Geospatial Data Clearinghouse" means a
    distributed network of geospatial data producers, managers, and
    users linked electronically.
      Sec. 2. EXECUTIVE BRANCH LEADERSHIP FOR DEVELOPMENT OF THE
    COORDINATED NATIONAL SPATIAL DATA INFRASTRUCTURE. (a) The Federal
    Geographic Data Committee ("FGDC"), established by the Office of
    Management and Budget ("OMB") Circular No. A-16 ("Coordination of
    Surveying, Mapping, and Related Spatial Data Activities") and
    chaired by the Secretary of the Department of the Interior
    ("Secretary") or the Secretary's designee, shall coordinate the
    Federal Government's development of the NSDI.
      (b) Each member agency shall ensure that its representative on
    the FGDC holds a policy-level position.
      (c) Executive branch departments and agencies ("agencies") that
    have an interest in the development of the NSDI are encouraged to
    join the FGDC.
      (d) This Executive order is intended to strengthen and enhance
    the general policies described in OMB Circular No. A-16. Each
    agency shall meet its respective responsibilities under OMB
    Circular No. A-16.
      (e) The FGDC shall seek to involve State, local, and tribal
    governments in the development and implementation of the
    initiatives contained in this order. The FGDC shall utilize the
    expertise of academia, the private sector, professional societies,
    and others as necessary to aid in the development and
    implementation of the objectives of this order.
      Sec. 3. DEVELOPMENT OF A NATIONAL GEOSPATIAL DATA CLEARINGHOUSE.
    (a) Establishing a National Geospatial Data Clearinghouse. The
    Secretary, through the FGDC, and in consultation with, as
    appropriate, State, local, and tribal governments and other
    affected parties, shall take steps within 6 months of the date of
    this order, to establish an electronic National Geospatial Data
    Clearinghouse ("Clearinghouse") for the NSDI. The Clearinghouse
    shall be compatible with the National Information Infrastructure to
    enable integration with that effort.
      (b) Standardized Documentation of Data. Beginning 9 months from
    the date of this order, each agency shall document all new
    geospatial data it collects or produces, either directly or
    indirectly, using the standard under development by the FGDC, and
    make that standardized documentation electronically accessible to
    the Clearinghouse network. Within 1 year of the date of this order,
    agencies shall adopt a schedule, developed in consultation with the
    FGDC, for documenting, to the extent practicable, geospatial data
    previously collected or produced, either directly or indirectly,
    and making that data documentation electronically accessible to the
    Clearinghouse network.
      (c) Public Access to Geospatial Data. Within 1 year of the date
    of this order, each agency shall adopt a plan, in consultation with
    the FGDC, establishing procedures to make geospatial data available
    to the public, to the extent permitted by law, current policies,
    and relevant OMB circulars, including OMB Circular No. A-130
    ("Management of Federal Information Resources") and any
    implementing bulletins.
      (d) Agency Utilization of the Clearinghouse. Within 1 year of the
    date of this order, each agency shall adopt internal procedures to
    ensure that the agency accesses the Clearinghouse before it expends
    Federal funds to collect or produce new geospatial data, to
    determine whether the information has already been collected by
    others, or whether cooperative efforts to obtain the data are
    possible.
      (e) Funding. The Department of the Interior shall provide funding
    for the Clearinghouse to cover the initial prototype testing,
    standards development, and monitoring of the performance of the
    Clearinghouse. Agencies shall continue to fund their respective
    programs that collect and produce geospatial data; such data is
    then to be made part of the Clearinghouse for wider accessibility.
      Sec. 4. DATA STANDARDS ACTIVITIES. (a) General FGDC
    Responsibility. The FGDC shall develop standards for implementing
    the NSDI, in consultation and cooperation with State, local, and
    tribal governments, the private and academic sectors, and, to the
    extent feasible, the international community, consistent with OMB
    Circular No. A-119 ("Federal Participation in the Development and
    Use of Voluntary Standards"), and other applicable law and
    policies.
      (b) Standards for Which Agencies Have Specific Responsibilities.
    Agencies assigned responsibilities for data categories by OMB
    Circular No. A-16 shall develop, through the FGDC, standards for
    those data categories, so as to ensure that the data produced by
    all agencies are compatible.
      (c) Other Standards. The FGDC may from time to time identify and
    develop, through its member agencies, and to the extent permitted
    by law, other standards necessary to achieve the objectives of this
    order. The FGDC will promote the use of such standards and, as
    appropriate, such standards shall be submitted to the Department of
    Commerce for consideration as Federal Information Processing
    Standards. Those standards shall apply to geospatial data as
    defined in section 1 of this order.
      (d) Agency Adherence to Standards. Federal agencies collecting or
    producing geospatial data, either directly or indirectly (e.g.
    through grants, partnerships, or contracts with other entities),
    shall ensure, prior to obligating funds for such activities, that
    data will be collected in a manner that meets all relevant
    standards adopted through the FGDC process.
      Sec. 5. NATIONAL DIGITAL GEOSPATIAL DATA FRAMEWORK. In
    consultation with State, local, and tribal governments and within 9
    months of the date of this order, the FGDC shall submit a plan and
    schedule to OMB for completing the initial implementation of a
    national digital geospatial data framework ("framework") by January
    2000 and for establishing a process of ongoing data maintenance.
    The framework shall include geospatial data that are significant,
    in the determination of the FGDC, to a broad variety of users
    within any geographic area or nationwide. At a minimum, the plan
    shall address how the initial transportation, hydrology, and
    boundary elements of the framework might be completed by January
    1998 in order to support the decennial census of 2000.
      Sec. 6. PARTNERSHIPS FOR DATA ACQUISITION. The Secretary, under
    the auspices of the FGDC, and within 9 months of the date of this
    order, shall develop, to the extent permitted by law, strategies
    for maximizing cooperative participatory efforts with State, local,
    and tribal governments, the private sector, and other nonfederal
    organizations to share costs and improve efficiencies of acquiring
    geospatial data consistent with this order.
      Sec. 7. SCOPE. (a) For the purposes of this order, the term
    "agency" shall have the same meaning as the term "Executive agency"
    in 5 U.S.C. 105, and shall include the military departments and
    components of the Department of Defense.
      (b) The following activities are exempt from compliance with this
    order:
        (i) national security-related activities of the Department of
      Defense as determined by the Secretary of Defense;
        (ii) national defense-related activities of the Department of
      Energy as determined by the Secretary of Energy;
        (iii) intelligence activities as determined by the Director of
      Central Intelligence; and
        (iv) the national security-related activities of the Department
      of Homeland Security as determined by the Secretary of Homeland
      Security.
      (c) The NSDI may involve the mapping, charting, and geodesy
    activities of the Department of Defense relating to foreign areas,
    as determined by the Secretary of Defense.
      (d) This order does not impose any requirements on tribal
    governments.
      (e) Nothing in the order shall be construed to contravene the
    development of Federal Information Processing Standards and
    Guidelines adopted and promulgated under the provisions of section
    111(d) of the Federal Property and Administrative Services Act of
    1949 [former 40 U.S.C. 759(d)], as amended by the Computer Security
    Act of 1987 (Public Law 100-235), or any other United States law,
    regulation, or international agreement.
      Sec. 8. JUDICIAL REVIEW. This order is intended only to improve
    the internal management of the executive branch and is not intended
    to, and does not, create any right to administrative or judicial
    review, or any other right or benefit or trust responsibility,
    substantive or procedural, enforceable by a party against the
    United States, its agencies or instrumentalities, its officers or
    employees, or any other person.

-CROSS-
               SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT           
      Provisions of this section as not amended, modified, or repealed
    by Submerged Lands Act, see section 1303 of this title.

-End-

-CITE-
    43 USC Sec. 1457a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1457a. Authorization of appropriations for particular programs

-STATUTE-
    (a) Maximum amounts for specified years
      Notwithstanding any other provision of law, there shall not be
    appropriated to the Secretary of the Interior for Department of the
    Interior programs as defined in subsection (e) of this section in
    excess of $4,095,404,000 for the fiscal year ending on September
    30, 1981; in excess of $3,970,267,000 for the fiscal year ending on
    September 30, 1982; $4,680,223,000 for the fiscal year ending on
    September 30, 1983; and $4,797,281,000 for the fiscal year ending
    on September 30, 1984.
    (b) Ceilings on certain appropriations
      It is the sense of the Congress that the appropriation targets
    for such fiscal years should be: not less than $275,000,000 to be
    appropriated annually pursuant to the provisions of the Land and
    Water Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 460z);
    not less than $30,000,000 to be appropriated annually pursuant to
    the provisions of the National Historic Preservation Act of 1966
    (80 Stat. 915; 16 U.S.C. 470); not less than $10,000,000 to be
    appropriated annually pursuant to the provisions of the Urban Park
    and Recreation Recovery Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501,
    et seq.); not less than $105,000,000 to be appropriated annually to
    be used for the restoration and rehabilitation of units of the
    National Park System, as authorized by law; not less than
    $239,000,000 to be appropriated annually for the Office of
    Territorial and International Affairs (including amounts for the
    Trust Territory of the Pacific Islands); not less than $6,200,000
    to be appropriated annually to carry out the provisions of title
    III of the Surface Mining Control and Reclamation Act of 1977 (91
    Stat. 445); (!1) and not less than $100,000,000 to be appropriated
    annually pursuant to chapter 69 of title 31 including not less than
    $5,000,000 annually to carry out the purposes of section 6904 of
    title 31.

    (c) Additional limitations
      Notwithstanding the limitation otherwise imposed by subsection
    (a) of this section - 
        (1) the authorization for obligation and appropriations for the
      Department of the Interior may exceed the amount specified in
      subsection (a) of this section by such amount as permanent and
      annual indefinite appropriations exceed the estimates for such
      appropriations as contained in "The Budget of the United States
      Government, Fiscal Year 1982," as revised by the March 1981,
      publication of the Office of Management and Budget entitled
      "Fiscal Year 1982 Budget Revisions", when receipts available to
      be appropriated equal or exceed such appropriations, and
        (2) the authorization for obligation and appropriations for the
      Department of the Interior may exceed the amount specified in
      subsection (a) of this section by such amounts as may be required
      for emergency firefighting and for increased pay costs authorized
      by law.
    (d) Omitted
    (e) Applicable programs
      For the purposes of this section, the term "Department of the
    Interior programs" means - 
        (1) Alaska Native Fund amounts included in Bureau of Indian
      Affairs programs funded from Miscellaneous Trust Funds and
      Miscellaneous Permanent Appropriations accounts;
        (2) Bureau of Land Management programs;
        (3) United States Bureau of Mines programs;
        (4) National Park Service programs other than the John F.
      Kennedy Center for the Performing Arts (including those programs
      formerly administered by the Heritage Conservation and Recreation
      Service as of October 1, 1980);
        (5) Offices of the Solicitor and the Secretary;
        (6) Office of Surface Mining Reclamation and Enforcement
      programs;
        (7) Office of Territorial Affairs programs;
        (8) United States Geological Survey programs; and
        (9) Bureau of Reclamation (including those programs formerly
      administered by the Water and Power Resources Service).

-SOURCE-
    (Pub. L. 97-35, title XIV, Sec. 1401, Aug. 13, 1981, 95 Stat. 748,
    749; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Land and Water Conservation Fund Act of 1965 (78 Stat. 897;
    16 U.S.C. 460z), referred to in subsec. (b), is Pub. L. 88-578,
    Sept. 3, 1964, 78 Stat. 897, as amended, which is classified
    generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of
    chapter 1 of Title 16, Conservation. For complete classification of
    this Act to the Code, see Short Title note set out under section
    460l-4 of Title 16 and Tables.
      The National Historic Preservation Act of 1966 (80 Stat. 915; 16
    U.S.C. 470), referred to in subsec. (b), probably means Pub. L. 89-
    665, Oct. 15, 1966, 80 Stat. 915, as amended, known as the
    National Historic Preservation Act, which is classified generally
    to subchapter II (Sec. 470 et seq.) of chapter 1A of Title 16. For
    complete classification of this Act to the Code, see section 470(a)
    of Title 16 and Tables.
      The Urban Park and Recreation Recovery Act of 1978 (92 Stat.
    3538; 16 U.S.C. 2501 et seq.), referred to in subsec. (b), is title
    X of Pub. L. 95-625, Nov. 10, 1978, 92 Stat. 3538, which is
    classified generally to chapter 45 (Sec. 2501 et seq.) of Title 16.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2501 of Title 16 and Tables.
      The Surface Mining Control and Reclamation Act of 1977 (91 Stat.
    445), referred to in subsec. (b), is Pub. L. 95-87, Aug. 3, 1977,
    91 Stat. 445, as amended. Title III of the Surface Mining Control
    and Reclamation Act of 1977 was formerly classified generally to
    subchapter III (Sec. 1221 et seq.) of chapter 25 of Title 30,
    Mineral Lands and Mining, prior to the replacement of subchapter
    III by Pub. L. 98-409. For complete classification of this Act to
    the Code, see Short Title note set out under section 1201 of Title
    30 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (b), "chapter 69 of title 31" and "section 6904 of
    title 31" substituted for "the Act of October 20, 1976 (90 Stat.
    2662; 31 U.S.C. 1601, et. seq.)" and "section 3 of said Act [31
    U.S.C. 1603]", respectively, on authority of Pub. L. 97-258, Sec.
    4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
    enacted Title 31, Money and Finance.
      Subsec. (d) of this section is set out as a note under section
    1734 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (e)(3) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of Title 30, Mineral Lands and
    Mining. For provisions relating to closure and transfer of
    functions of the United States Bureau of Mines, see note set out
    under section 1 of Title 30.

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-MISC1-
     CIRCULAR OF OFFICE OF MANAGEMENT AND BUDGET AND SIMILAR ORDERS OR
     DIRECTIVES INAPPLICABLE TO CERTAIN PUBLIC LAND ACTIVITIES WITHOUT
          AFFECTING OTHER AUTHORIZATIONS; CONGRESSIONAL FINDINGS
      Pub. L. 98-540, Sec. 3, Oct. 24, 1984, 98 Stat. 2718, provided
    that:
      "(a) The Congress finds that - 
        "(1) the public lands administered by the National Park
      Service, the Bureau of Land Management, and the United States
      Fish and Wildlife Service contain valuable wildlife, scenery,
      natural and historic features, and other resources;
        "(2) the Congress has specified the duties and responsibilities
      of the National Park Service, the Bureau of Land Management, and
      the United States Fish and Wildlife Service to balance the
      conservation and protection of these public lands and resources
      with permitted uses in ways Congress has found to be appropriate
      for each of the various land areas;
        "(3) the National Park Service, the Bureau of Land Management,
      and the United States Fish and Wildlife Service are currently
      under congressional mandates to maintain sufficient visitor and
      recreational services in our national parks, campgrounds, and
      wildlife refuges;
        "(4) the Congress has authorized the National Park Service, the
      Bureau of Land Management, and the United States Fish and
      Wildlife Service to contract for the provision of certain
      facilities, accommodations, and services by non-Federal entities,
      but with certain limitations that reflect the values and
      appropriate management policies of the various conservation
      areas, parks, wildlife refuges, and other public lands;
        "(5) expansion of the contracting authority of the managers of
      these conservation areas, parks, wildlife refuges, and lands
      should be considered only after careful study of the existing
      management mandates and contracting authorities; and
        "(6) management and regulation of natural resources on Federal
      lands are inherently Government functions and should be performed
      by Federal employees.
      "(b)(1)(A) The provisions of Office of Management and Budget
    Circular A-76 and any similar provisions in any other order or
    directive shall not apply to activities conducted by the National
    Park Service, United States Fish and Wildlife Service, and the
    Bureau of Land Management which involve ten full time equivalents
    (FTE) or less.
      "(B) For fiscal years 1985 through and including 1988, no
    contracts, for activities conducted by the National Park Service,
    United States Fish and Wildlife Service, or the Bureau of Land
    Management which have been subject to the provisions of Office of
    Management and Budget Circular A-76 or any similar provision in any
    other order or directive, shall be entered into by the United
    States until funds have been specifically provided therefore by an
    Act of Congress.
      "(2) Nothing in this section shall prevent the National Park
    Service, United States Fish and Wildlife Service, and the Bureau of
    Land Management from entering into contracts for services and
    materials under provisions of law and rules, regulations, orders,
    and policies other than the circular referred to in paragraph (1)
    or any similar order or directive."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1458                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1458. Secretary to exercise certain powers over Territories

-STATUTE-
      The Secretary of the Interior shall exercise all the powers and
    perform all the duties in relation to the Territories of the United
    States that were, prior to March 1, 1873, by law or by custom
    exercised and performed by the Secretary of State.

-SOURCE-
    (R.S. Sec. 442.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 442 derived from act Mar. 1, 1873, ch. 217, 17 Stat.
    484.
      Section was formerly classified to section 486 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-EXEC-
           EX. ORD. NO. 10967. ADMINISTRATION OF PALMYRA ISLAND       
      Ex. Ord. No. 10967, eff. Oct. 10, 1961, 26 F.R. 9667, provided:
      By virtue of the authority vested in me by section 48 of the
    Hawaii Omnibus Act (approved July 12, 1960; 74 Stat. 424; P.L. 86-
    624) [set out as a note preceding section 491 of Title 48,
    Territories and Insular Possessions] and section 301 of title 3 of
    the United States Code, and as President of the United States, it
    is hereby ordered as follows:
      Section 1. The Secretary of the Interior shall be responsible for
    the civil administration of Palmyra Island and all executive and
    legislative authority necessary for that administration, and all
    judicial authority respecting Palmyra Island other than the
    authority contained in the Act of June 15, 1950 (64 Stat. 217), as
    amended (48 U.S.C. 644a), shall be vested in the Secretary of the
    Interior.
      Sec. 2. The executive, legislative, and judicial authority
    provided for in section 1 of this order (1) may be exercised
    through such agency or agencies of the Department of the Interior,
    or through such officers or employees under the jurisdiction of the
    Secretary of the Interior, as the Secretary may direct or
    authorize, (2) may be exercised through such agency or agencies,
    other than or not in the Department of the Interior, or through
    such officers or employees of the United States not under the
    administrative supervision of the Secretary, for such time and
    under such conditions as may be agreed upon between the Secretary
    and such agency, agencies, officers or employees of the United
    States, and (3) shall be exercised in such manner as the Secretary,
    or any person or persons acting under the authority of the
    Secretary, may direct or authorize.
      Sec. 3. The Secretary of the Interior may confer upon the United
    States District Court for the District of Hawaii such jurisdiction,
    in addition to that contained in the Act of June 15, 1950 [48
    U.S.C. 644a], and such judicial functions and duties, as he may
    deem appropriate for the civil administration of Palmyra Island.
      Sec. 4. The foregoing provisions of this order shall continue in
    force until the Congress shall provide for the civil administration
    of Palmyra Island or until such earlier time as the President may
    specify.
      Sec. 5. As used herein, the term "Palmyra Island" means the place
    of that name, consisting of a group of islets located in the
    Pacific Ocean approximately at Latitude 5&#186;<!-- degrees -->52
    North and Longitude 162&#186;<!-- degrees -->06 West, and includes
    the territorial waters of that place and includes also the reefs
    surrounding that place or any part thereof.
      Sec. 6. To the extent that any prior Executive order or
    proclamation is inconsistent with the provisions of this order,
    this order shall control.
      Sec. 7. Nothing in this order shall be deemed to reduce, limit,
    or otherwise modify the authority or responsibility of the Attorney
    General to represent the legal interests of the United States in
    civil or criminal cases arising under the provisions of the Act of
    June 15, 1950 [48 U.S.C. 644a], or under the provisions of section
    3 of this order.
                                                        John F. Kennedy.

-End-

-CITE-
    43 USC Sec. 1459                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1459. Expenditures of department

-STATUTE-
      The Secretary of the Interior shall sign all requisitions for the
    advance or payment of money, out of the Treasury, upon estimates or
    accounts for expenditures upon business assigned by law to his
    department; subject, however, to adjustment and control by the
    Government Accountability Office.

-SOURCE-
    (R.S. Sec. 444; June 10, 1921, ch. 18, title III, Sec. 304, 42
    Stat. 24; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 444 derived from act Mar. 3, 1849, ch. 108, Sec. 2, 9
    Stat. 395.
      Section was formerly classified to section 487 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.
      "Government Accountability Office" substituted in text for
    "General Accounting Office" pursuant to section 8(b) of Pub. L. 108-
    271, set out as a note under section 702 of Title 31, Money and
    Finance, which redesignated the General Accounting Office and any
    references thereto as the Government Accountability Office.
    Previously, "General Accounting Office" substituted in text for
    "proper accounting officers of Department of the Treasury" pursuant
    to act June 10, 1921, which transferred all powers and duties of
    Comptroller, six auditors, and certain other employees of the
    Treasury to General Accounting Office. See section 701 et seq. of
    Title 31.

-End-

-CITE-
    43 USC Sec. 1460                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1460. Copies of records, documents, etc.; charges; disposition
      of receipts

-STATUTE-
      The Secretary of the Interior, or any of the officers of that
    Department may, when not prejudicial to the interests of the
    Government, furnish authenticated or unauthenticated copies of any
    official books, records, papers, documents, maps, plats, or
    diagrams within his custody and may charge therefore a sum equal to
    the cost of production thereof, plus the cost of administrative
    services involved in handling the records for such purpose, as
    these costs may be determined by the Secretary of the Interior or
    such subordinate officials or employees as he may designate, and in
    addition the sum of 25 cents for each certificate of verification
    and the seal attached to authenticated copies. There shall be no
    charge for the making or verification of copies required for
    official use by the officers of any branch of the Government. Only
    a charge of 25 cents shall be made for furnishing authenticated
    copies of any rules, regulations, or instructions printed by the
    government for gratuitous distribution. The money received for
    copies under this section shall be deposited in the Treasury to the
    credit of the appropriations then current and chargeable for the
    cost of furnishing copies as herein authorized.

-SOURCE-
    (Aug. 24, 1912, ch. 370, Sec. 1, 37 Stat. 497; July 30, 1947, ch.
    354, Sec. 1, 61 Stat. 521; Aug. 3, 1950, ch. 526, 64 Stat. 402.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 488 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                                AMENDMENTS                            
      1950 - Act Aug. 3, 1950, included within the price of copies of
    records furnished by the Department the cost of the administrative
    expenses involved as well as the cost of production.
      1947 - Act July 30, 1947, omitted specific charges for copies of
    books, records, etc., inserted provision that charge for copies
    would amount to cost of production as determined by the Secretary
    of the Interior or his designee, and inserted provision relating to
    deposit of receipts.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 1461                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1461. Rules and regulations governing inspection and copying

-STATUTE-
      Nothing in sections 1460 to 1463 of this title shall be construed
    to limit or restrict in any manner the authority of the Secretary
    of the Interior to prescribe such rules and regulations as he may
    deem proper governing the inspection of the records of said
    department and its various bureaus by the general public, and any
    person having any particular interest in any of such records may be
    permitted to take copies of such records under such rules and
    regulations as may be prescribed by the Secretary of the Interior.

-SOURCE-
    (Aug. 24, 1912, ch. 370, Sec. 2, 37 Stat. 498.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 489 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 1462                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1462. Attestation of copies by official seal

-STATUTE-
      All officers who furnish authenticated copies under section 1460
    of this title shall attest their authentication by the use of an
    official seal, which is authorized for that purpose.

-SOURCE-
    (Aug. 24, 1912, ch. 370, Sec. 4, 37 Stat. 498.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 491 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-

-CITE-
    43 USC Sec. 1463                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1463. Disposition of receipts

-STATUTE-
      All sums received under the provisions of section 1460 of this
    title shall be deposited in the Treasury to the credit of
    miscellaneous receipts.

-SOURCE-
    (Aug. 24, 1912, ch. 370, Sec. 6, 37 Stat. 498.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 492 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-

-CITE-
    43 USC Sec. 1464                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1464. Agents or attorneys representing claimants before
      department

-STATUTE-
      The Secretary of the Interior may prescribe rules and regulations
    governing the recognition of agents, attorneys, or other persons
    representing claimants before his department, and may require of
    such persons, agents, and attorneys, before being recognized as
    representatives of claimants, that they shall show that they are of
    good moral character and in good repute, possessed of the necessary
    qualifications to enable them to render such claimants valuable
    service, and otherwise competent to advise and assist such
    claimants in the presentation of their claims and such Secretary
    may, after notice and opportunity for a hearing, suspend or exclude
    from further practice before his department any such person, agent,
    or attorney shown to be incompetent, disreputable, or who refuses
    to comply with the said rules and regulations, or who shall with
    intent to defraud in any manner, deceive, mislead, or threaten any
    claimant, or prospective claimant, by word, circular, letter, or by
    advertisement.

-SOURCE-
    (July 4, 1884, ch. 181, Sec. 5, 23 Stat. 101.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 493 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 1465                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1465. Annual reports of department and its bureaus

-STATUTE-
      The annual reports of the department and of all its bureaus and
    establishments, including the Bureau of Reclamation, shall not
    exceed a total of one thousand two hundred and fifty pages.

-SOURCE-
    (May 24, 1922, ch. 199, 42 Stat. 554; Jan. 24, 1923, ch. 42, 42
    Stat. 1176; June 5, 1924, ch. 264, 43 Stat. 392; Mar. 3, 1925, ch.
    462, 43 Stat. 1143.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 495 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-

-CITE-
    43 USC Sec. 1466                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1466. Administration of oaths, affirmations, etc., by
      employees of Division of Investigations; force and effect

-STATUTE-
      Special agents and such other employees of the Division of
    Investigations, Department of the Interior of the United States, as
    are designated by the Secretary of the Interior for that purpose,
    are authorized and empowered to administer to or take from any
    person an oath, affirmation, affidavit, or deposition whenever
    necessary in the performance of their official duties. Any such
    oath, affirmation, affidavit, or deposition administered or taken
    by or before a special agent or such other employee of the Division
    of Investigations, Department of the Interior, designated by the
    Secretary of the Interior, when certified under his hand, shall
    have like force and effect as if administered or taken before an
    officer having a seal.

-SOURCE-
    (Oct. 14, 1940, ch. 878, 54 Stat. 1175.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 498 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out under section 1451 of this title.

-End-

-CITE-
    43 USC Sec. 1467                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1467. Working capital fund; establishment; uses; reimbursement

-STATUTE-
      There is established a working capital fund of $300,000, to be
    available without fiscal year limitation, for expenses necessary
    for the maintenance and operation of (1) a central reproduction
    service; (2) communication services; (3) a central supply service
    for stationery, supplies, equipment, blank forms, and miscellaneous
    materials, for which adequate stocks may be maintained to meet in
    whole or in part requirements of the bureaus and offices of the
    Department in the city of Washington and elsewhere; (4) a central
    library service; (5) health services; and (6) such other similar
    service functions as the Secretary determines may be performed more
    advantageously on a reimbursable basis. Said fund shall be
    reimbursed from available funds of bureaus, offices, and agencies
    for which services are performed at rates which will return in full
    all expenses of operation, including reserves for accrued annual
    leave and depreciation of equipment.

-SOURCE-
    (Sept. 6, 1950, Ch. 896, ch. VII, title I, Sec. 101, 64 Stat. 680.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 502 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-

-CITE-
    43 USC Sec. 1467a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1467a. Working capital fund; credit card refunds or rebates

-STATUTE-
      Refunds or rebates received on an on-going basis from a credit
    card services provider under the Department of the Interior's
    charge card programs, on and after October 11, 2000, may be
    deposited to and retained without fiscal year limitation in the
    Departmental Working Capital Fund established under 43 U.S.C. 1467
    and used to fund management initiatives of general benefit to the
    Department of the Interior's bureaus and offices as determined by
    the Secretary or his designee.

-SOURCE-
    (Pub. L. 106-291, title I, Sec. 113, Oct. 11, 2000, 114 Stat. 943.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation act:
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 118],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-159.

-End-

-CITE-
    43 USC Sec. 1468                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1468. Working capital fund; availability for uniforms or
      allowances therefor

-STATUTE-
      The working capital fund, established by section 1467 of this
    title, shall on and after June 13, 1956 be available for uniforms
    or allowances therefor, as authorized by section 5901 of title 5.

-SOURCE-
    (June 13, 1956, ch. 380, title I, Sec. 101, 70 Stat. 266.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 503 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-End-

-CITE-
    43 USC Sec. 1469                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1469. Employment and compensation of personnel to perform work
      occasioned by emergencies

-STATUTE-
      Notwithstanding any other provision of law, persons may be
    employed or otherwise contracted with by the Secretary of the
    Interior to perform work occasioned by emergencies such as fire,
    flood, storm, or any other unavoidable cause and may be compensated
    at regular rates of pay without regard to Sundays, Federal
    holidays, and the regular workweek.

-SOURCE-
    (Pub. L. 94-165, title I, Sec. 108, Dec. 23, 1975, 89 Stat. 990.)

-End-

-CITE-
    43 USC Sec. 1470                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1470. Appropriations; availability for certain administrative
      expenses

-STATUTE-
      Appropriations for field work of the Department of the Interior
    shall be available for the hire, with or without personal services,
    of boats, work animals, and animal-drawn and motor-propelled
    vehicles and equipment.

-SOURCE-
    (June 25, 1946, ch. 472, Sec. 1, 60 Stat. 306.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 692 of Title 31 prior
    to the general revision and enactment of Title 31, Money and
    Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-End-

-CITE-
    43 USC Sec. 1471                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471. Appropriations; availability for payment of property
      damages

-STATUTE-
      Appropriations for contingent expenses of the Department of the
    Interior shall be available, to the extent specified therein, for
    the payment of damages to private property (not to exceed $500 in
    any one case) caused by the negligent operation of motor vehicles
    under such appropriations.

-SOURCE-
    (June 25, 1946, ch. 472, Sec. 2, 60 Stat. 306.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 693 of Title 31 prior
    to the general revision and enactment of Title 31, Money and
    Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-End-

-CITE-
    43 USC Sec. 1471a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471a. Availability of appropriations for emergency repair or
      replacement of damaged or destroyed facilities and equipment

-STATUTE-
      Appropriations in this title (!1) or appropriations made under
    this title (!1) in subsequent Energy and Water Development
    Appropriations Acts shall on and after October 2, 1992, be
    available for expenditure or transfer (within each bureau or
    office), with the approval of the Secretary, for the emergency
    reconstruction, replacement, or repair of aircraft, buildings,
    utilities or other facilities or equipment damaged, rendered
    inoperable, or destroyed by fire, flood, storm, drought, or other
    unavoidable causes: Provided, That no funds shall be made available
    under this authority until funds specifically made available to the
    Department of the Interior for emergencies shall have been
    exhausted.

-SOURCE-
    (Pub. L. 102-377, title II, Sec. 201, Oct. 2, 1992, 106 Stat.
    1331.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title II of Pub. L. 102-377,
    Oct. 2, 1992, 106 Stat. 1327. For complete classification of title
    II to Code, see Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1471b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471b. Availability of appropriations for suppression and
      emergency prevention of forest and range fires

-STATUTE-
      On and after October 2, 1992, the Secretary may authorize the
    expenditure or transfer (within each bureau or office) of any
    appropriation in this title (!1) or appropriations made under this
    title (!1) in subsequent Energy and Water Development
    Appropriations Acts, in addition to the amounts included in the
    budget programs of the several agencies, for the suppression or
    emergency prevention of forest or range fires on or threatening
    lands under jurisdiction of the Department of the Interior.

-SOURCE-
    (Pub. L. 102-377, title II, Sec. 202, Oct. 2, 1992, 106 Stat.
    1331.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title II of Pub. L. 102-377,
    Oct. 2, 1992, 106 Stat. 1327. For complete classification of title
    II to Code, see Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1471c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471c. Availability of appropriations for operation of
      warehouses, garages, shops, and similar facilities

-STATUTE-
      Appropriations in this title (!1) or appropriations made under
    this title (!1) in subsequent Energy and Water Development
    Appropriations Acts shall on and after October 2, 1992, be
    available for operation of warehouses, garages, shops, and similar
    facilities, wherever consolidation of activities will contribute to
    efficiency, or economy, and said appropriations shall be reimbursed
    for services rendered to any other activity in the same manner as
    authorized by sections 1535 and 1536 of title 31: Provided, That
    reimbursements for costs of supplies, materials, equipment, and for
    services rendered may be credited to the appropriation current at
    the time such reimbursements are received.

-SOURCE-
    (Pub. L. 102-377, title II, Sec. 203, Oct. 2, 1992, 106 Stat.
    1331.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title II, Department of the
    Interior, of the Energy and Water Development Appropriations Act,
    1993, of Pub. L. 102-377, Oct. 2, 1992, 106 Stat. 1327. For
    complete classification of title II to Code, see Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1471c-1                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471c-1. Availability of appropriations for operation of
      warehouses, garages, shops, and similar facilities

-STATUTE-
      Appropriations made to the Department of the Interior shall on
    and after December 8, 2004, be available for operation of
    warehouses, garages, shops, and similar facilities, wherever
    consolidation of activities will contribute to efficiency or
    economy, and said appropriations shall be reimbursed for services
    rendered to any other activity in the same manner as authorized by
    sections 1535 and 1536 of title 31: Provided, That reimbursements
    for costs and supplies, materials, equipment, and for services
    rendered may be credited to the appropriation current at the time
    such reimbursements are received.

-SOURCE-
    (Pub. L. 108-447, div. E, title I, Sec. 103, Dec. 8, 2004, 118
    Stat. 3063.)

-COD-
                               CODIFICATION                           
      Section is from title I, Department of the Interior, of the
    Department of the Interior and Related Agencies Appropriations Act,
    2005, Pub. L. 108-447, div. E, Dec. 8, 2004, 118 Stat. 3039.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 108-108, title I, Sec. 103, Nov. 10, 2003, 117 Stat.
    1265.
      Pub. L. 108-7, div. F, title I, Sec. 103, Feb. 20, 2003, 117
    Stat. 238.
      Pub. L. 107-63, title I, Sec. 103, Nov. 5, 2001, 115 Stat. 437.
      Pub. L. 106-291, title I, Sec. 103, Oct. 11, 2000, 114 Stat. 941.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 103],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-145.
      Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 103], Oct.
    21, 1998, 112 Stat. 2681-231, 2681-253.
      Pub. L. 105-83, title I, Sec. 103, Nov. 14, 1997, 111 Stat. 1561.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec.
    103], Sept. 30, 1996, 110 Stat. 3009-181, 3009-199.
      Pub. L. 104-134, title I, Sec. 101(c) [title I, Sec. 103], Apr.
    26, 1996, 110 Stat. 1321-156, 1321-176; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sec. 103, Sept. 30, 1994, 108 Stat.
    2518.
      Pub. L. 103-138, title I, Sec. 103, Nov. 11, 1993, 107 Stat.
    1398.
      Pub. L. 102-381, title I, Sec. 103, Oct. 5, 1992, 106 Stat. 1395.
      Pub. L. 102-154, title I, Sec. 103, Nov. 13, 1991, 105 Stat.
    1011.
      Pub. L. 101-512, title I, Sec. 103, Nov. 5, 1990, 104 Stat. 1935.
      Pub. L. 101-121, title I, Sec. 103, Oct. 23, 1989, 103 Stat. 719.
      Pub. L. 100-446, title I, Sec. 103, Sept. 27, 1988, 102 Stat.
    1800.
      Pub. L. 100-202, Sec. 101(g) [title I, Sec. 103], Dec. 22, 1987,
    101 Stat. 1329-213, 1329-234.
      Pub. L. 99-500, Sec. 101(h) [title I, Sec. 103], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-260, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 103], Oct. 30, 1986, 100 Stat. 3341-242, 3341-260.
      Pub. L. 99-190, Sec. 101(d) [title I, Sec. 103], Dec. 19, 1985,
    99 Stat. 1224, 1241.
      Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 103], Oct.
    12, 1984, 98 Stat. 1837, 1853.
      Pub. L. 98-146, title I, Sec. 103, Nov. 4, 1983, 97 Stat. 934.
      Pub. L. 97-394, title I, Sec. 103, Dec. 30, 1982, 96 Stat. 1981.
      Pub. L. 97-100, title I, Sec. 103, Dec. 23, 1981, 95 Stat. 1403.
      Pub. L. 96-514, title I, Sec. 103, Dec. 12, 1980, 94 Stat. 2971.
      Pub. L. 96-126, title I, Sec. 103, Nov. 27, 1979, 93 Stat. 967.
      Pub. L. 95-465, title I, Sec. 103, Oct. 17, 1978, 92 Stat. 1290.
      Pub. L. 95-74, title I, Sec. 103, July 26, 1977, 91 Stat. 296.
      Pub. L. 94-373, title I, Sec. 103, July 31, 1976, 90 Stat. 1054.
      Pub. L. 94-165, title I, Sec. 103, Dec. 23, 1975, 89 Stat. 990.
      Pub. L. 93-404, title I, Sec. 103, Aug. 31, 1974, 88 Stat. 814.
      Pub. L. 93-120, title I, Sec. 103, Oct. 4, 1973, 87 Stat. 440.
      Pub. L. 92-369, title I, Sec. 103, Aug. 10, 1972, 86 Stat. 518.
      Pub. L. 92-76, title I, Sec. 103, Aug. 10, 1971, 85 Stat. 239.
      Pub. L. 91-361, title I, Sec. 103, July 31, 1970, 84 Stat. 680.
      Pub. L. 91-98, title I, Sec. 103, Oct. 29, 1969, 83 Stat. 159.
      Pub. L. 90-425, title I, Sec. 103, July 26, 1968, 82 Stat. 437.
      Pub. L. 90-28, title I, Sec. 103, June 24, 1967, 81 Stat. 70.
      Pub. L. 89-435, title I, Sec. 103, May 31, 1966, 80 Stat. 182.
      Pub. L. 89-52, title I, Sec. 103, June 28, 1965, 79 Stat. 186.
      Pub. L. 88-356, title I, Sec. 103, July 7, 1964, 78 Stat. 284.
      Pub. L. 88-79, title I, Sec. 103, July 26, 1963, 77 Stat. 108.
      Pub. L. 87-578, title I, Sec. 103, Aug. 9, 1962, 76 Stat. 346.
      Pub. L. 87-122, title I, Sec. 103, Aug. 3, 1961, 75 Stat. 256.
      Pub. L. 86-455, title I, Sec. 103, May 13, 1960, 74 Stat. 114.
      Pub. L. 86-60, title I, Sec. 103, June 23, 1959, 73 Stat. 102.
      Pub. L. 85-439, title I, Sec. 103, June 4, 1958, 72 Stat. 165.
      Pub. L. 85-77, title I, Sec. 103, July 1, 1957, 71 Stat. 267.
      June 13, 1956, ch. 380, title I, Sec. 103, 70 Stat. 266.
      June 16, 1955, ch. 147, title I, Sec. 104, 69 Stat. 151.
      July 1, 1954, ch. 446, title I, Sec. 105, 68 Stat. 374.
      July 31, 1953, ch. 298, title I, Sec. 105, 67 Stat. 275.
      July 9, 1952, ch. 597, title I, Sec. 106, 66 Stat. 460.
      Aug. 31, 1951, ch. 375, title I, Sec. 106, 65 Stat. 265.
      Sept. 6, 1950, ch. 896, title I, Sec. 107, 64 Stat. 696.

-End-

-CITE-
    43 USC Sec. 1471d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471d. Availability of appropriations for transportation,
      reprint, telephone, and library membership expenses

-STATUTE-
      Appropriations in this title (!1) or appropriations made under
    this title (!1) in subsequent Energy and Water Development
    Appropriations Acts shall on and after October 2, 1992, be
    available for hire, maintenance, and operation of aircraft; hire of
    passenger motor vehicles; purchases of reprints; payment for
    telephone services in private residences in the field, when
    authorized under regulations approved by the Secretary; and the
    payment of dues, when authorized by the Secretary, for library
    memberships in societies or associations which issue publications
    to members only or at a price to members lower than to subscribers
    who are not members.

-SOURCE-
    (Pub. L. 102-377, title II, Sec. 204, Oct. 2, 1992, 106 Stat.
    1332.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title II of Pub. L. 102-377,
    Oct. 2, 1992, 106 Stat. 1327. For complete classification of title
    II to Code, see Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1471e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471e. Reimbursement of employee license costs and
      certification fees

-STATUTE-
      Notwithstanding any other provision of law, in fiscal year 1993
    and thereafter, appropriations or funds available to the Department
    of the Interior or the Forest Service, Department of Agriculture,
    may be used to reimburse employees for the cost of State licenses
    and certification fees pursuant to their employment and that are
    necessary to comply with State or Federal laws, regulations, or
    requirements.

-SOURCE-
    (Pub. L. 102-381, title III, Sec. 317, Oct. 5, 1992, 106 Stat.
    1417.)

-End-

-CITE-
    43 USC Sec. 1471f                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471f. Availability of appropriations for incremental funding
      of research work orders for cooperative agreements

-STATUTE-
      Notwithstanding any other provision of law, in fiscal year 1995
    and thereafter, appropriations made to the Department of the
    Interior in this title (!1) or provided from other Federal agencies
    through reimbursable or other agreements pursuant to sections 1535
    and 1536 of title 31 may be used to fund incrementally research
    work orders for cooperative agreements with colleges and
    universities, State agencies, and nonprofit organizations that
    overlap fiscal years: Provided, That such cooperative agreements
    shall contain a statement that "the obligation of funds for future
    incremental payments shall be subject to the availability of
    funds."

-SOURCE-
    (Pub. L. 103-332, title I, Sec. 115, Sept. 30, 1994, 108 Stat.
    2519; Pub. L. 105-83, title I, Sec. 116, Nov. 14, 1997, 111 Stat.
    1563.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title I of Pub. L. 103-332,
    Sept. 30, 1994, 108 Stat. 2499, known as the Department of the
    Interior and Related Agencies Appropriations Act, 1995. For
    complete classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      "Sections 1535 and 1536 of title 31" was substituted in text for
    "the Economy Act" on authority of Pub. L. 97-258, Sec. 4(b), Sept.
    13, 1982, 96 Stat. 1067, the first section of which enacted Title
    31, Money and Finance.

-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-83 inserted "or provided from other Federal
    agencies through reimbursable or other agreements pursuant to
    sections 1535 and 1536 of title 31" after "in this title".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1471g                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471g. Availability of appropriations to support Memorial Day
      and Fourth of July ceremonies and activities in National Capital
      Region

-STATUTE-
      During the current fiscal year and on and after September 30,
    1996, funds appropriated under this paragraph may be made available
    to the Department of the Interior to support the Memorial Day and
    Fourth of July ceremonies and activities in the National Capital
    Region.

-SOURCE-
    (Pub. L. 104-208, div. A, title I, Sec. 101(b) [title II], Sept.
    30, 1996, 110 Stat. 3009-71, 3009-74.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This paragraph, referred to in text, contained additional
    provisions providing appropriations for expenses, not otherwise
    provided for, necessary for the operation and maintenance of the
    Army which are not classified to the Code.

-End-

-CITE-
    43 USC Sec. 1471h                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471h. Availability of appropriations for uniforms or
      allowances

-STATUTE-
      Appropriations available to the Department of the Interior for
    salaries and expenses shall on and after December 8, 2004, be
    available for uniforms or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902 and D.C. Code 4-204).

-SOURCE-
    (Pub. L. 108-447, div. E, title I, Sec. 105, Dec. 8, 2004, 118
    Stat. 3063.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 108-108, title I, Sec. 105, Nov. 10, 2003, 117 Stat.
    1266.
      Pub. L. 108-7, div. F, title I, Sec. 105, Feb. 20, 2003, 117
    Stat. 238.
      Pub. L. 107-63, title I, Sec. 105, Nov. 5, 2001, 115 Stat. 437.
      Pub. L. 106-291, title I, Sec. 105, Oct. 11, 2000, 114 Stat. 942.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 105],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-156.
      Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 105], Oct.
    21, 1998, 112 Stat. 2681-231, 2681-253.
      Pub. L. 105-83, title I, Sec. 105, Nov. 14, 1997, 111 Stat. 1561.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec.
    105], Sept. 30, 1996, 110 Stat. 3009-181, 3009-199.
      Pub. L. 104-134, title I, Sec. 101(c) [title I, Sec. 105], Apr.
    26, 1996, 110 Stat. 1321-156, 1321-176; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sec. 105, Sept. 30, 1994, 108 Stat.
    2518.
      Pub. L. 103-138, title I, Sec. 105, Nov. 11, 1993, 107 Stat.
    1398.
      Pub. L. 102-381, title I, Sec. 105, Oct. 5, 1992, 106 Stat. 1396.
      Pub. L. 102-154, title I, Sec. 105, Nov. 13, 1991, 105 Stat.
    1011.
      Pub. L. 101-512, title I, Sec. 105, Nov. 5, 1990, 104 Stat. 1935.
      Pub. L. 101-121, title I, Sec. 105, Oct. 23, 1989, 103 Stat. 720.
      Pub. L. 100-446, title I, Sec. 105, Sept. 27, 1988, 102 Stat.
    1800.
      Pub. L. 100-202, Sec. 101(g) [title I, Sec. 105], Dec. 22, 1987,
    101 Stat. 1329-213, 1329-234.
      Pub. L. 99-500, Sec. 101(h) [title I, Sec. 105], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-261, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 105], Oct. 30, 1986, 100 Stat. 3341-242, 3341-261.
      Pub. L. 99-190, Sec. 101(d) [title I, Sec. 105], Dec. 19, 1985,
    99 Stat. 1224, 1241.
      Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 105], Oct.
    12, 1984, 98 Stat. 1837, 1853.
      Pub. L. 98-146, title I, Sec. 105, Nov. 4, 1983, 97 Stat. 934.
      Pub. L. 97-394, title I, Sec. 105, Dec. 30, 1982, 96 Stat. 1981.
      Pub. L. 97-100, title I, Sec. 105, Dec. 23, 1981, 95 Stat. 1404.
      Pub. L. 96-514, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2971.
      Pub. L. 96-126, title I, Sec. 105, Nov. 27, 1979, 93 Stat. 967.
      Pub. L. 95-465, title I, Sec. 105, Oct. 17, 1978, 92 Stat. 1291.
      Pub. L. 95-74, title I, Sec. 105, July 26, 1977, 91 Stat. 297.
      Pub. L. 94-373, title I, Sec. 105, July 31, 1976, 90 Stat. 1054.
      Pub. L. 94-165, title I, Sec. 105, Dec. 23, 1975, 89 Stat. 990.
      Pub. L. 93-404, title I, Sec. 105, Aug. 31, 1974, 88 Stat. 814.
      Pub. L. 93-120, title I, Sec. 105, Oct. 4, 1973, 87 Stat. 440.
      Pub. L. 92-369, title I, Sec. 105, Aug. 10, 1972, 86 Stat. 518.
      Pub. L. 92-76, title I, Sec. 105, Aug. 10, 1971, 85 Stat. 239.
      Pub. L. 91-361, title I, Sec. 105, July 31, 1970, 84 Stat. 681.
      Pub. L. 91-98, title I, Sec. 105, Oct. 29, 1969, 83 Stat. 159.
      Pub. L. 90-425, title I, Sec. 105, July 26, 1968, 82 Stat. 438.
      Pub. L. 90-28, title I, Sec. 105, June 24, 1967, 81 Stat. 70.
      Pub. L. 89-435, title I, Sec. 105, May 31, 1966, 80 Stat. 182.
      Pub. L. 89-52, title I, Sec. 105, June 28, 1965, 79 Stat. 186.
      Pub. L. 88-356, title I, Sec. 105, July 7, 1964, 78 Stat. 285.
      Pub. L. 88-79, title I, Sec. 105, July 26, 1963, 77 Stat. 108.
      Pub. L. 87-578, title I, Sec. 105, Aug. 9, 1962, 76 Stat. 346.
      Pub. L. 87-122, title I, Sec. 105, Aug. 3, 1961, 75 Stat. 257.
      Pub. L. 86-455, title I, Sec. 105, May 13, 1960, 74 Stat. 114.
      Pub. L. 86-60, title I, Sec. 105, June 23, 1959, 73 Stat. 103.
      Pub. L. 85-439, title I, Sec. 105, June 4, 1958, 72 Stat. 165.
      Pub. L. 85-77, title I, Sec. 105, July 1, 1957, 71 Stat. 267.
      June 13, 1956, ch. 380, title I, Sec. 105, 70 Stat. 267.

-End-

-CITE-
    43 USC Sec. 1471i                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1471i. Availability of appropriations for services or rentals

-STATUTE-
      Annual appropriations made to the Department of the Interior
    shall on and after December 8, 2004, be available for obligation in
    connection with contracts issued for services or rentals for
    periods not in excess of 12 months beginning at any time during the
    fiscal year.

-SOURCE-
    (Pub. L. 108-447, div. E, title I, Sec. 106, Dec. 8, 2004, 118
    Stat. 3063.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 108-108, title I, Sec. 106, Nov. 10, 2003, 117 Stat.
    1266.
      Pub. L. 108-7, div. F, title I, Sec. 106, Feb. 20, 2003, 117
    Stat. 238.
      Pub. L. 107-63, title I, Sec. 106, Nov. 5, 2001, 115 Stat. 437.
      Pub. L. 106-291, title I, Sec. 106, Oct. 11, 2000, 114 Stat. 942.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 106],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-156.
      Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 106], Oct.
    21, 1998, 112 Stat. 2681-231, 2681-253.
      Pub. L. 105-83, title I, Sec. 106, Nov. 14, 1997, 111 Stat. 1561.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec.
    106], Sept. 30, 1996, 110 Stat. 3009-181, 3009-199.
      Pub. L. 104-134, title I, Sec. 101(c) [title I, Sec. 106], Apr.
    26, 1996, 110 Stat. 1321-156, 1321-177; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sec. 106, Sept. 30, 1994, 108 Stat.
    2518.
      Pub. L. 103-138, title I, Sec. 106, Nov. 11, 1993, 107 Stat.
    1398.
      Pub. L. 102-381, title I, Sec. 106, Oct. 5, 1992, 106 Stat. 1396.
      Pub. L. 102-154, title I, Sec. 106, Nov. 13, 1991, 105 Stat.
    1011.
      Pub. L. 101-512, title I, Sec. 106, Nov. 5, 1990, 104 Stat. 1936.
      Pub. L. 101-121, title I, Sec. 106, Oct. 23, 1989, 103 Stat. 720.
      Pub. L. 100-446, title I, Sec. 106, Sept. 27, 1988, 102 Stat.
    1800.
      Pub. L. 100-202, Sec. 101(g) [title I, Sec. 106], Dec. 22, 1987,
    101 Stat. 1329-213, 1329-234.
      Pub. L. 99-500, Sec. 101(h) [title I, Sec. 106], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-261, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 106], Oct. 30, 1986, 100 Stat. 3341-242, 3341-261.
      Pub. L. 99-190, Sec. 101(d) [title I, Sec. 106], Dec. 19, 1985,
    99 Stat. 1224, 1241.
      Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 106], Oct.
    12, 1984, 98 Stat. 1837, 1853.
      Pub. L. 98-146, title I, Sec. 106, Nov. 4, 1983, 97 Stat. 934.
      Pub. L. 97-394, title I, Sec. 106, Dec. 30, 1982, 96 Stat. 1982.
      Pub. L. 97-100, title I, Sec. 106, Dec. 23, 1981, 95 Stat. 1404.
      Pub. L. 96-514, title I, Sec. 106, Dec. 12, 1980, 94 Stat. 2971.
      Pub. L. 96-126, title I, Sec. 107, Nov. 27, 1979, 93 Stat. 967.
      Pub. L. 95-465, title I, Sec. 107, Oct. 17, 1978, 92 Stat. 1291.
      Pub. L. 95-74, title I, Sec. 107, July 26, 1977, 91 Stat. 297.
      Pub. L. 94-373, title I, Sec. 107, July 31, 1976, 90 Stat. 1054.
      Pub. L. 94-165, title I, Sec. 107, Dec. 23, 1975, 89 Stat. 990.

-End-

-CITE-
    43 USC Sec. 1472                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1472. Bureau of Reclamation working capital fund

-STATUTE-
    (a) Establishment; management of support activities of Bureau
      Within 30 days after November 1, 1985, there shall be established
    in the Treasury of the United States a working capital fund to
    assist in the management of certain support activities of the
    Bureau of Reclamation (hereafter referred to as the "Bureau"),
    Department of the Interior. The fund shall be available without
    fiscal year limitation for expenses necessary for furnishing
    materials, supplies, equipment, work, and services in support of
    Bureau programs, and, as authorized by law, to agencies of the
    Federal Government and others. Such expenses may include the
    acquisition, replacement, and operation of a central computer and
    related automatic data processing equipment; engineering services;
    payroll and other management services; acquisition and replacement
    of equipment and facilities, including the purchase, lease, or rent
    of motor vehicles and aircraft within any limitations set forth in
    appropriations made to carry out the functions of the Bureau and
    such other activities as may be approved by the Director, Office of
    Management and Budget.
    (b) Fund credits; transfers to fund
      The fund shall be credited with appropriations made for the
    purpose of providing or increasing capital. There are authorized to
    be transferred to the fund (at fair and reasonable values at the
    time of transfer) the inventories, equipment, receivables, and
    other assets, less the liabilities, related to the functions to be
    financed by the fund as determined by the Secretary of the
    Interior.
    (c) Use of funds to provide materials, supplies, equipment, work,
      and services
      The fund shall be credited with appropriations and other funds of
    the Bureau, and other agencies of the Department of the Interior,
    other Federal agencies, and other sources, for providing materials,
    supplies, equipment, work, and services as authorized by law. Such
    payments may be made in advance or upon performance.
    (d) Charges to users
      Charges to users will be at rates approximately equal to the
    costs of furnishing the materials, supplies, equipment, facilities,
    and services (including such items as depreciation of equipment and
    accrued annual leave).
    (e) Authorization of appropriations
      There are hereby authorized to be appropriated such sums as are
    necessary to carry out the purposes of this section.
    (f) Unnecessary funds covered into miscellaneous receipts of
      Treasury
      Funds that are not necessary to carry out the activities to be
    financed by the fund, as determined by the Secretary, shall be
    covered into miscellaneous receipts of the Treasury.

-SOURCE-
    (Pub. L. 99-141, title II, Sec. 205, Nov. 1, 1985, 99 Stat. 571.)

-End-

-CITE-
    43 USC Sec. 1473                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1473. Acceptance of contributions from private and public
      sources by Mineral Management Service

-STATUTE-
      In fiscal year 1987 and thereafter, the Minerals Management
    Service is authorized to accept land, buildings, equipment and
    other contributions, from public and private sources, which shall
    be available for the purposes provided for in this account.

-SOURCE-
    (Pub. L. 99-500, Sec. 101(h) [title I, Sec. 100], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-253, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 100], Oct. 30, 1986, 100 Stat. 3341-242, 3341-253.)

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-End-

-CITE-
    43 USC Sec. 1473a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1473a. Acceptance of contributions by Secretary; cooperation
      with prosecution of projects

-STATUTE-
      The Secretary is authorized to accept lands, buildings,
    equipment, other contributions and, before, on, and after November
    13, 1991, fees to be deposited in the contributed funds account
    from public and private sources, and to prosecute projects using
    such contributions and fees in cooperation with other Federal,
    State or private agencies.

-SOURCE-
    (Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1002.)

-COD-
                               CODIFICATION                           
      In text, "before, on, and after November 13, 1991," substituted
    for "heretofore and hereafter".

-MISC1-
                            SIMILAR PROVISIONS                        
      Provisions similar to those in this section were contained in the
    following appropriation acts:
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-168; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2509.
      Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1389.
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1386.
      Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1927.

-End-

-CITE-
    43 USC Sec. 1473b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1473b. Awards for contributions to Department of the Interior
      programs

-STATUTE-
      Notwithstanding any other provision of law, in fiscal year 1992
    and thereafter, any appropriations or funds available to the
    Department of the Interior in this Act may be used to provide
    nonmonetary awards of nominal value to private individuals and
    organizations that make contributions to Department of the Interior
    programs.

-SOURCE-
    (Pub. L. 102-154, title I, Sec. 115, Nov. 13, 1991, 105 Stat.
    1012.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 102-154, Nov. 13, 1991,
    105 Stat. 990, known as the Department of the Interior and Related
    Agencies Appropriations Act, 1992. For complete classification of
    this Act to the Code, see Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation act:
      Pub. L. 101-512, title I, Sec. 117, Nov. 5, 1990, 104 Stat. 1937.

-End-

-CITE-
    43 USC Sec. 1473c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1473c. Payment of costs incidental to services contributed by
      volunteers

-STATUTE-
      Appropriations under this title (!1) in fiscal year 1992 and
    thereafter, may be made available for paying costs incidental to
    the utilization of services contributed by individuals who serve
    without compensation as volunteers in aid of work for units of the
    Department of the Interior.

-SOURCE-
    (Pub. L. 102-154, title I, Sec. 116, Nov. 13, 1991, 105 Stat.
    1012.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title I of Pub. L. 102-154,
    Nov. 13, 1991, 105 Stat. 990, known as the Department of the
    Interior and Related Agencies Appropriations Act, 1992. For
    complete classification of this Act to the Code, see Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation act:
      Pub. L. 101-512, title I, Sec. 118, Nov. 5, 1990, 104 Stat. 1937.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1473d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1473d. Insurance costs covering vehicles, aircraft, and boats
      operated by Department of the Interior in Canada and Mexico

-STATUTE-
      Notwithstanding any other provisions of law, in fiscal year 1992
    and thereafter, appropriations in this title (!1) shall be
    available to provide insurance on official motor vehicles,
    aircraft, and boats operated by the Department of the Interior in
    Canada and Mexico.

-SOURCE-
    (Pub. L. 102-154, title I, Sec. 107, Nov. 13, 1991, 105 Stat.
    1012.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title I of Pub. L. 102-154,
    Nov. 13, 1991, 105 Stat. 990, known as the Department of the
    Interior and Related Agencies Appropriations Act, 1992. For
    complete classification of this Act to the Code, see Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 101-512, title I, Sec. 108, Nov. 5, 1990, 104 Stat. 1936.
      Pub. L. 101-121, title I, Sec. 108, Oct. 23, 1989, 103 Stat. 720.
      Pub. L. 100-446, title I, Sec. 108, Sept. 27, 1988, 102 Stat.
    1801.
      Pub. L. 100-202, Sec. 101(g) [title I, Sec. 109], Dec. 22, 1987,
    101 Stat. 1329-213, 1329-234.
      Pub. L. 99-500, Sec. 101(h) [title I, Sec. 109], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-261, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 109], Oct. 30, 1986, 100 Stat. 3341-242, 3341-261.
      Pub. L. 99-190, Sec. 101(d) [title I, Sec. 109], Dec. 19, 1985,
    99 Stat. 1224, 1243.
      Pub. L. 98-473, title I, Sec. 101(c) [title I, Sec. 110], Oct.
    12, 1984, 98 Stat. 1837, 1855.
      Pub. L. 98-146, title I, Sec. 111, Nov. 4, 1983, 97 Stat. 937.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1473e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1473e. Acceptance of donations and bequests for Natural
      Resources Library

-STATUTE-
      In fiscal year 1999 and thereafter, the Secretary may accept
    donations and bequests of money, services, or other personal
    property for the management and enhancement of the Department's
    Natural Resources Library. The Secretary may hold, use, and
    administer such donations until expended and without further
    appropriation.

-SOURCE-
    (Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 113], Oct. 21,
    1998, 112 Stat. 2681-231, 2681-255.)

-End-

-CITE-
    43 USC Sec. 1474                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1474. Availability of receipts from administrative fees for
      program operations in Mining Law Administration

-STATUTE-
      In fiscal year 1989 all but $742,000 of receipts, and thereafter
    all receipts from fees established by the Secretary of the Interior
    for processing of actions relating to the administration of the
    General Mining Laws shall be available for program operations in
    Mining Law Administration by the Bureau of Land Management to
    supplement funds otherwise available, to remain available until
    expended.

-SOURCE-
    (Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1774.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Mining Laws, referred to in text, are classified
    generally to Title 30, Mineral Lands and Mining.

-End-

-CITE-
    43 USC Sec. 1474a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1474a. Emergency Department of the Interior Firefighting Fund;
      amounts considered "emergency requirements"

-STATUTE-
      On and after November 13, 1991, beginning in fiscal year 1993,
    and in each year thereafter, only amounts for emergency
    rehabilitation and wildfire suppression activities that are in
    excess of the average of such costs for the previous ten years
    shall be considered "emergency requirements" pursuant to section
    901(b)(2)(D) (!1) of title 2, and such amounts shall on and after
    November 13, 1991, be so designated.

-SOURCE-
    (Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 991.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 901 of title 2, referred to in text, was amended by Pub.
    L. 105-33, title X, Sec. 10203(a)(4), Aug. 5, 1997, 111 Stat. 699,
    by striking out subsec. (b) and adding a new subsec. (b). As so
    amended, section 901(b)(2)(D) of title 2 no longer refers to
    "emergency requirements". However, "emergency requirements" are
    referred to elsewhere in section 901.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1474b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1474b. Natural Resource Damage Assessment and Restoration
      Fund; availability of assessments

-STATUTE-
      Notwithstanding any other provision of law, in fiscal year 1991
    and thereafter, sums provided by any party, including sums provided
    in advance or as a reimbursement for natural resource damage
    assessments, may be credited to this appropriation and shall remain
    available until expended.

-SOURCE-
    (Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 994.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This appropriation, referred to in text, probably means
    appropriations under the heading "natural resource damage
    assessment and restoration fund" of the annual Department of the
    Interior and Related Agencies Appropriations Act.

-MISC1-
     INVESTMENT OF EXXON VALDEZ OIL SPILL COURT RECOVERY IN HIGH YIELD
                    INVESTMENTS AND IN MARINE RESEARCH
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 350],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-207, provided that:
      "(1) Notwithstanding any other provision of law and subject to
    the provisions of paragraphs (5) and (7), upon the joint motion of
    the United States and the State of Alaska and the issuance of an
    appropriate order by the United States District Court for the
    District of Alaska, the joint trust funds, or any portion thereof,
    including any interest accrued thereon, previously received or to
    be received by the United States and the State of Alaska pursuant
    to the Agreement and Consent Decree issued in United States v.
    Exxon Corporation, et al. (No. A91-082 CIV) and State of Alaska v.
    Exxon Corporation, et al. (No. A91-083 CIV) (hereafter referred to
    as the 'Consent Decree'), may be deposited in - 
        "(A) the Natural Resource Damage Assessment and Restoration
      Fund (hereafter referred to as the 'Fund') established in title I
      of the Department of the Interior and Related Agencies
      Appropriations Act, 1992 (Public Law 102-154; 43 U.S.C. 1474b);
        "(B) accounts outside the United States Treasury (hereafter
      referred to as 'outside accounts'); or
        "(C) both.
    Any funds deposited in an outside account may be invested only in
    income-producing obligations and other instruments or securities
    that have been determined unanimously by the Federal and State
    natural resource trustees for the Exxon Valdez oil spill
    ('trustees') to have a high degree of reliability and security.
      "(2) Joint trust funds deposited in the Fund or an outside
    account that have been approved unanimously by the Trustees for
    expenditure by or through a State or Federal agency shall be
    transferred promptly from the Fund or the outside account to the
    State of Alaska or United States upon the joint request of the
    governments.
      "(3) The transfer of joint trust funds outside the Court Registry
    shall not affect the supervisory jurisdiction of the district court
    under the Consent Decree or the Memorandum of Agreement and Consent
    Decree in United States v. State of Alaska (No. A91-081-CIV) over
    all expenditures of the joint trust funds.
      "(4) Nothing herein shall affect the requirement of section 207
    of the dire emergency supplemental appropriations and transfers for
    relief from the effects of natural disasters, for other urgent
    needs, and for the incremental cost of 'Operation Desert
    Shield/Desert Storm' Act of 1992 (Public Law 102-229; 42 U.S.C.
    1474b note [43 U.S.C. 1474b note]) that amounts received by the
    United States and designated by the trustees for the expenditure by
    or through a Federal agency must be deposited into the Fund.
      "(5) All remaining settlement funds are eligible for the
    investment authority granted under this section so long as they are
    managed and allocated consistent with the Resolution of the
    Trustees adopted March 1, 1999, concerning the Restoration Reserve,
    as follows:
        "(A) $55 million of the funds remaining on October 1, 2002, and
      the associated earnings thereafter shall be managed and allocated
      for habitat protection programs including small parcel habitat
      acquisitions. Such sums shall be reduced by - 
          "(i) the amount of any payments made after the date of
        enactment of this Act [Nov. 29, 1999] from the Joint Trust
        Funds pursuant to an agreement between the Trustee Council and
        Koniag, Inc., which includes those lands which are presently
        subject to the Koniag Non-Development Easement, including, but
        not limited to, the continuation or modification of such
        Easement; and
          "(ii) payments in excess of $6.32 million for any habitat
        acquisition or protection from the joint trust funds after the
        date of enactment of this Act and prior to October 1, 2002,
        other than payments for which the Council is currently
        obligated through purchase agreements with the Kodiak Island
        Borough, Afognak Joint Venture and the Eyak Corporation.
        "(B) All other funds remaining on October 1, 2002, and the
      associated earnings shall be used to fund a program, consisting
      of - 
          "(i) marine research, including applied fisheries research;
          "(ii) monitoring; and
          "(iii) restoration, other than habitat acquisition, which may
        include community and economic restoration projects and
        facilities (including projects proposed by the communities of
        the EVOS Region or the fishing industry), consistent with the
        Consent Decree.
      "(6) The Federal trustees and the State trustees, to the extent
    authorized by State law, are authorized to issue grants as needed
    to implement this program.
      "(7) The authority provided in this section shall expire on
    September 30, 2002, unless by September 30, 2001, the Trustees have
    submitted to the Congress a report recommending a structure the
    Trustees believe would be most effective and appropriate for the
    administration and expenditure of remaining funds and interest
    received. Upon the expiration of the authorities granted in this
    section all monies in the Fund or outside accounts shall be
    returned to the Court Registry or other account permitted by law."

              DEPOSIT OF FUNDS FROM SETTLEMENT OF LITIGATION          
      Pub. L. 102-229, title II, Sec. 207, Dec. 12, 1991, 105 Stat.
    1715, provided that: "Notwithstanding any other provision of law,
    amounts received by the United States for restitution and future
    restoration (including replacement or acquisition of equivalent
    natural resources) in settlement of United States v. Exxon
    Corporation and Exxon Shipping Company (Case No. A90-015-1CR and
    2CR), hereinafter the Plea Agreement, United States v. Exxon
    Corporation et al. (Civil No. A91-082 CIV) and State of Alaska v.
    Exxon Corporation et al. (Civil No. A91-083 CIV), hereinafter
    referred to together as the Agreement and Consent Decree, as
    approved by the United States District Court for the District of
    Alaska on October 8, 1991, in fiscal year 1992 and thereafter shall
    be deposited into the Natural Resource Damage Assessment and
    Restoration Fund established by Public Law 102-154 [105 Stat. 994].
    Such amounts, and the interest accruing thereon, shall be available
    to the Federal Trustees identified in the Agreement and Consent
    Decree for necessary expenses for assessment and restoration of
    areas affected by the discharge of oil from the T/V EXXON VALDEZ on
    March 23-24, 1989, for fiscal year 1992 and thereafter in
    accordance with the Plea Agreement and the Agreement and Consent
    Decree: Provided, That such amounts (and accrued interest) shall
    remain available until expended: Provided further, That such
    amounts may be transferred to any account, as authorized by section
    311(f)(5) of the Federal Water Pollution Control Act (33 U.S.C.
    1321(f)(5)), to carry out the provisions of the Plea Agreement and
    the Agreement and Consent Decree: Provided further, That herein and
    hereafter any amounts deposited into the Natural Resource Damage
    Assessment and Restoration Fund shall be invested by the Secretary
    of the Treasury in interest bearing obligations of the United
    States to the extent such amounts are not, in his judgment,
    required to meet current withdrawals: Provided further, That
    interest earned by such investments shall be available for
    obligation without further appropriation: Provided further, That,
    for fiscal year 1992, the Federal Trustees shall provide written
    notification of the proposed transfer of such amounts to the
    Appropriations Committees of the House of Representatives and the
    Senate thirty days prior to the actual transfer of such amounts:
    Provided further, That, for fiscal year 1993 and thereafter, the
    Federal Trustees shall submit in the President's Budget for each
    fiscal year the proposed use of such amounts."

-End-

-CITE-
    43 USC Sec. 1474b-1                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1474b-1. Transfer of funds from Natural Resource Damage
      Assessment and Restoration Fund

-STATUTE-
      Notwithstanding any other provision of law, any amounts
    appropriated or credited in fiscal year 1992 and thereafter, may be
    transferred to any account, including transfers to Federal trustees
    and payments to non-Federal trustees, to carry out the provisions
    of negotiated legal settlements or other legal actions for
    restoration activities and to carry out the provisions of the
    Comprehensive Environmental Response, Compensation, and Liability
    Act, as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution
    Control Act, as amended (33 U.S.C. 1251, et seq.), the Oil
    Pollution Act of 1990 (Public Law 101-380) [33 U.S.C. 2701 et
    seq.], and the Act of July 27, 1990 (Public Law 101-337) [16 U.S.C.
    19jj et seq.] for damage assessment activities: Provided further,
    That sums provided by any party heretofore and hereafter are not
    limited to monetary payments and may include stocks, bonds or other
    personal or real property, which may be retained, liquidated or
    otherwise disposed of by the Secretary and such sums, to remain
    available until expended, or properties shall be utilized for the
    restoration of injured resources, and to conduct new damage
    assessment activities.

-SOURCE-
    (Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1383; Pub. L.
    104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110 Stat.
    1321-156, 1321-160; renumbered title I, Pub. L. 104-140, Sec. 1(a),
    May 2, 1996, 110 Stat. 1327; Pub. L. 105-83, title I, Nov. 14,
    1997, 111 Stat. 1547.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Comprehensive Environmental Response, Compensation, and
    Liability Act, referred to in text, probably means the
    Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as
    amended, which is classified principally to chapter 103 (Sec. 9601
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 9601 of Title 42 and Tables.
      The Federal Water Pollution Control Act, referred to in text, is
    act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,
    Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally
    to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and
    Navigable Waters. For complete classification of this Act to the
    Code, see Short Title note set out under section 1251 of Title 33
    and Tables.
      The Oil Pollution Act of 1990, referred to in text, is Pub. L.
    101-380, Aug. 18, 1990, 104 Stat. 484, as amended, which is
    classified principally to chapter 40 (Sec. 2701 et seq.) of Title
    33. For complete classification of this Act to the Code, see Short
    Title note set out under section 2701 of Title 33 and Tables.
      Act of July 27, 1990, referred to in text, is Pub. L. 101-337,
    July 27, 1990, 104 Stat. 379, which is classified generally to
    subchapter III-B (Sec. 19jj et seq.) of chapter 1 of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Tables.

-COD-
                               CODIFICATION                           
      Provisions of this section preceding the proviso are from title I
    of Pub. L. 103-138, as amended, and the proviso is from section
    101(c) [title I] of Pub. L. 104-134, as amended.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2503.
      Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1383.

                                AMENDMENTS                            
      1997 - Pub. L. 105-83 inserted ", including transfers to Federal
    trustees and payments to non-Federal trustees," after "account" and
    ", to remain available until expended," after "and such sums" and
    substituted "heretofore and hereafter" for "in fiscal year 1996 and
    thereafter".

-End-

-CITE-
    43 USC Sec. 1474c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1474c. North American Wetlands Conservation Fund; availability
      of fines or forfeitures

-STATUTE-
      In fiscal year 1992 and thereafter, amounts received during the
    immediately preceding fiscal year under section 707 of title 16 as
    penalties or fines or from forfeitures of property or collateral,
    to remain available until expended.

-SOURCE-
    (Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1384.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1381.
      Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 995.

-End-

-CITE-
    43 USC Sec. 1474d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1474d. Environmental Improvement and Restoration Fund

-STATUTE-
    (a) Fund
      One half of the amounts awarded by the Supreme Court to the
    United States in the case of United States of America v. State of
    Alaska (117 S.Ct. 1888) shall be deposited in a fund in the
    Treasury of the United States to be known as the "Environmental
    Improvement and Restoration Fund" (referred to in this section as
    the "Fund").
    (b) Investments
      (1) In general
        The Secretary of the Treasury shall invest amounts in the Fund
      in interest bearing obligations of the United States.
      (2) Acquisition of obligations
        For the purpose of investments under paragraph (1), obligations
      may be acquired - 
          (A) on original issue at the issue price; or
          (B) by purchase of outstanding obligations at the market
        price.
      (3) Sale of obligations
        Any obligations acquired by the Fund may be sold by the
      Secretary of the Treasury at the market price.
      (4) Credits to Fund
        The interest earned from investments of the Fund shall be
      covered into and form a part of the Fund.
    (c) Transfer and availability of amounts earned
      Each year, interest earned and covered into the Fund in the
    previous fiscal year shall be made available as follows:
        (1) To the extent provided in the subsequent appropriations
      Acts, 80 percent of such amounts shall be made available to be
      equally divided among the Directors of the National Park Service,
      the United States Fish and Wildlife Service, the Bureau of Land
      Management, and the Chief of the Forest Service for high priority
      deferred maintenance and modernization of facilities that
      directly enhance the experience of visitors, including natural,
      cultural, recreational, and historic resources protection
      projects in National Parks, National Wildlife Refuges, and the
      public lands respectively as provided in subsection (d) of this
      section and for payment to the State of Louisiana and its lessees
      for oil and gas drainage in the West Delta field. The Secretary
      shall submit with the annual budget submission to Congress a list
      of high priority maintenance and modernization projects for
      congressional consideration.
        (2) 20 percent of such amounts shall be made available without
      further appropriation to the Secretary of Commerce for the
      purpose of carrying out marine research activities in the North
      Pacific in accordance with subsection (e) of this section.
    (d) Projects
      A project referred to in subsection (c)(1) of this section shall
    be consistent with the laws governing the National Park System, the
    National Wildlife Refuge System, the public lands and Forest
    Service lands and management plan for such unit.
    (e) Marine research activities
      (1) Funds available under subsection (c)(2) of this section shall
    be used by the Secretary of Commerce according to this subsection
    to provide grants to Federal, State, private or foreign
    organizations or individuals to conduct research activities on or
    relating to the fisheries or marine ecosystems in the north Pacific
    Ocean, Bering Sea, and Arctic Ocean (including any lesser related
    bodies of water).
      (2) Research priorities and grant requests shall be reviewed by a
    board to be known as the North Pacific Research Board (referred to
    in this subsection as the "Board"). The Board shall seek to avoid
    duplicating other research activities, and shall place a priority
    on cooperative research efforts designed to address pressing
    fishery management or marine ecosystem information needs.
      (3) The Board shall be comprised of the following representatives
    or their designees - 
        (A) the Secretary of Commerce;
        (B) the Secretary of State;
        (C) the Secretary of the Interior;
        (D) the Commandant of the Coast Guard;
        (E) the Director of the Office of Naval Research;
        (F) the Alaska Commissioner of Fish and Game;
        (G) the Chairman of the North Pacific Fishery Management
      Council;
        (H) the Chairman of the Arctic Research Commission;
        (I) the Director of the Oil Spill Recovery Institute;
        (J) the Director of the Alaska SeaLife Center;
        (K) five members nominated by the Governor of Alaska and
      appointed by the Secretary of Commerce, one of whom shall
      represent fishing interests, one of whom shall represent Alaska
      Natives, one of whom shall represent environmental interests, one
      of whom shall represent academia, and one of whom shall represent
      oil and gas interests;
        (L) three members nominated by the Governor of Washington and
      appointed by the Secretary of Commerce; and (!1)

        (M) one member nominated by the Governor of Oregon and
      appointed by the Secretary of Commerce.(!2)

        (N) one member who shall represent fishing interests and shall
      be nominated by the Board and appointed by the Secretary.

    The members of the Board shall be individuals knowledgeable by
    education, training, or experience regarding fisheries or marine
    ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean.
    Three nominations shall be submitted for each member to be
    appointed under subparagraphs (K), (L), and (M). Board members
    appointed under subparagraphs (K), (L), and (M) shall serve for
    three-year terms, and may be reappointed.
      (4)(A) The Secretary of Commerce shall review grants recommended
    by the Board. If the Secretary does not approve a grant recommended
    by the Board, the Secretary shall explain in writing the reasons
    for not approving such grant, and the amount recommended to be used
    for such grant shall be available only for other grants recommended
    by the Board.
      (B) The Board shall establish written criteria for the submission
    of grant requests through a competitive process and for deciding
    upon the award of grants. Grants shall be recommended by the Board
    on the basis of merit in accordance with the priorities established
    by the Board. The Secretary shall provide the Board such
    administrative and technical support as is necessary for the
    effective functioning of the Board. The Board shall be considered
    an advisory panel established under section 1852(g) of title 16 for
    the purposes of section 1852(i)(1) of title 16, and the other
    procedural matters applicable to advisory panels under section
    1852(i) of title 16 shall apply to the Board to the extent
    practicable. Members of the Board may be reimbursed for actual
    expenses incurred in performance of their duties for the Board. Not
    more than 15 percent of the funds provided to the Secretary of
    Commerce under paragraph (1) may be used to provide support for the
    Board and administer grants under this subsection.
      (5) All decisions of the Board, including grant recommendations,
    shall be by majority vote of the members listed in paragraphs
    (3)(A), (3)(F), (3)(G), (3)(J), and (3)(N), in consultation with
    the other members. The five voting members may act on behalf of the
    Board in all matters of administration, including the disposition
    of research funds not made available by this section, at any time
    on or after October 1, 2000.

-SOURCE-
    (Pub. L. 105-83, title IV, Sec. 401, Nov. 14, 1997, 111 Stat. 1607;
    Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 331], Oct.
    21, 1998, 112 Stat. 2681-231, 2681-293; Pub. L. 106-113, div. B,
    Sec. 1000(a)(3) [title III, Sec. 352(a)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-209; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
    Sec. 144(c)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-239; Pub. L.
    108-7, div. F, title III, Sec. 334, Feb. 20, 2003, 117 Stat. 277.)

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (e)(4)(B). Pub. L. 108-7 substituted "15 percent"
    for "5 percent".
      2000 - Subsec. (e)(2). Pub. L. 106-554, Sec. 1(a)(4) [div. B,
    title I, Sec. 144(c)(2)(A)], struck out "and recommended for
    Secretarial approval" after "shall be reviewed".
      Subsec. (e)(3)(A). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    I, Sec. 144(c)(2)(B)], struck out ", who shall be a co-chair of the
    Board" before semicolon at end.
      Subsec. (e)(3)(F). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    I, Sec. 144(c)(2)(C)], which directed amendment of subpar. (F) by
    striking out ", who shall be a co-chair of the Board", was executed
    by striking out ", who shall also be a co-chair of the Board"
    before semicolon at end to reflect the probable intent of Congress.
      Subsec. (e)(3)(N). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    I, Sec. 144(c)(2)(G)], which directed amendment of par. (3) by
    adding subpar. (N) at the end, was executed by adding subpar. (N)
    after subpar. (M), to reflect the probable intent of Congress.
      Subsec. (e)(4)(A). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    I, Sec. 144(c)(2)(D)], struck out "and administer" after "shall
    review".
      Subsec. (e)(4)(B). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    I, Sec. 144(c)(2)(E)], struck out "Grant recommendations and other
    decisions of the Board shall be by majority vote, with each member
    having one vote." after "(B)".
      Subsec. (e)(5). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
    Sec. 144(c)(2)(F)], added par. (5).
      1999 - Subsec. (c). Pub. L. 106-113, Sec. 1000(a)(3) [title III,
    Sec. 352(a)(1)], substituted "made available" for "available for
    appropriation, to the extent provided in the subsequent
    appropriations Acts," in introductory provisions, inserted "To the
    extent provided in the subsequent appropriations Acts," before "80
    percent of such amounts" in par. (1), and "without further
    appropriation" after "20 percent of such amounts shall be made
    available" in par. (2).
      Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(3) [title III, Sec.
    352(a)(2)], struck out heading and text of subsec. (f). Text read
    as follows: "If amounts are not assumed by the concurrent budget
    resolution and appropriated from the Fund by December 15, 1999, the
    Fund shall terminate and the amounts in the Fund including the
    accrued interest shall be applied to reduce the Federal deficit."
      1998 - Subsec. (f). Pub. L. 105-277 substituted "1999" for
    "1998".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-FOOTNOTE-               

    (!1) So in original. The word "and" probably should not appear.

               

    (!2) So in original. The period probably should be "; and".

-End-

-CITE-
    43 USC Sec. 1474e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1474e. Sums received by the Bureau of Land Management for the
      sale of seeds

-STATUTE-
      Notwithstanding section 3302(b) of title 31, sums received by the
    Bureau of Land Management for the sale of seeds or seedlings, may
    on and after December 8, 2004, be credited to the appropriation
    from which funds were expended to acquire or grow the seeds or
    seedlings and are available without fiscal year limitation.

-SOURCE-
    (Pub. L. 108-447, div. E, title I, Sec. 118, Dec. 8, 2004, 118
    Stat. 3065.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior appropriation acts:
      Pub. L. 108-108, title I, Sec. 119, Nov. 10, 2003, 117 Stat.
    1268.
      Pub. L. 108-7, div. F, title I, Sec. 121, Feb. 20, 2003, 117
    Stat. 241.
      Pub. L. 107-63, title I, Sec. 124, Nov. 5, 2001, 115 Stat. 440.
      Pub. L. 106-291, title I, Sec. 142, Oct. 11, 2000, 114 Stat. 949.

-End-

-CITE-
    43 USC Sec. 1475                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1475. Bureau of Reclamation acceptance of services of
      volunteers

-STATUTE-
      The Bureau of Reclamation may on and after September 29, 1989,
    accept the services of volunteers and, from any funds available to
    it, provide for their incidental expenses to carry out any activity
    of the Bureau of Reclamation except policymaking or law or
    regulatory enforcement. Such volunteers shall not be deemed
    employees of the United States Government, except for the purposes
    of chapter 81 of title 5 relating to compensation for work
    injuries, and shall not be deemed employees of the Bureau of
    Reclamation except for the purposes of tort claims to the same
    extent as a regular employee of the Bureau of Reclamation would be
    under identical circumstances.

-SOURCE-
    (Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 656.)

-End-

-CITE-
    43 USC Sec. 1475a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1475a. Participation of non-Federal entities in contract
      negotiations and source selection proceedings

-STATUTE-
      On and after October 2, 1992, the Bureau of Reclamation may
    invite non-Federal entities involved in cost sharing arrangements
    for the development of water projects to participate in contract
    negotiation and source selection proceedings without invoking
    provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix
    (1988)): Provided, That such non-Federal participants shall be
    subject to the provisions of the Federal Procurement Integrity Act
    (!1) (41 U.S.C. 423 (1988)) and to the conflict of interest
    provisions appearing at 18 U.S.C. 201 et seq. (1988).

-SOURCE-
    (Pub. L. 102-377, title II, Sec. 205, Oct. 2, 1992, 106 Stat.
    1332.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in text, is Pub.
    L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is set out in the
    Appendix to Title 5, Government Organization and Employees.
      No act with the title Federal Procurement Integrity Act, referred
    to in text, has been enacted. The Federal Procurement Integrity Act
    probably means section 27 of Pub. L. 93-400, as added by Pub. L.
    100-679, Sec. 6(a), Nov. 17, 1988, 102 Stat. 4063, which is
    classified to section 423 of Title 41, Public Contracts.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1475b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 31 - DEPARTMENT OF THE INTERIOR

-HEAD-
    Sec. 1475b. Volunteer authority

-STATUTE-
    (a) In general
      The Secretary of the Interior may recruit, train, and accept,
    without regard to the civil service classification laws, rules, or
    regulations, the services of individuals, contributed without
    compensation as volunteers, for aiding in or facilitating the
    activities administered by the Secretary through the Bureau of
    Indian Affairs, the United States Geological Survey, the Bureau of
    Reclamation, and the Office of the Secretary.
    (b) Restrictions on activities of volunteers
      (1) In general
        In accepting such services of individuals as volunteers, the
      Secretary shall not permit the use of volunteers in law
      enforcement work, in regulatory and enforcement work, in
      policymaking processes, or to displace any employee.
      (2) Private property
        No volunteer services authorized by this Act may be conducted
      on private property unless the officer or employee charged with
      supervising the volunteer obtains appropriate consent to enter
      the property from the property owner.
      (3) Hazardous duty
        The Secretary may accept the services of individuals in
      hazardous duty only upon a determination by the Secretary that
      such individuals are skilled in performing hazardous duty
      activities.
      (4) Supervision
        The Secretary shall ensure that an appropriate officer or
      employee of the United States provides adequate and appropriate
      supervision of each volunteer whose services the Secretary
      accepts.
    (c) Provision of services and costs
      The Secretary may provide for services and costs incidental to
    the utilization of volunteers, including transportation, supplies,
    uniforms, lodging, subsistence (without regard to place of
    residence), recruiting, training, supervision, and awards and
    recognition (including nominal cash awards).
    (d) Federal employment status of volunteers
      (1) Except as otherwise provided in this subsection, a volunteer
    shall not be deemed a Federal employee and shall not be subject to
    the provisions of law relating to Federal employment, including
    those provisions relating to hours of work, rates of compensation,
    leave, unemployment compensation, and Federal employee benefits.
      (2) Volunteers shall be deemed employees of the United States for
    the purposes of - 
        (A) the tort claims provisions of title 28;
        (B) subchapter I of chapter 81 of title 5; and
        (C) claims relating to damage to, or loss of, personal property
      of a volunteer incident to volunteer service, in which case the
      provisions of section 3721 of title 31 shall apply.

      (3) Volunteers under this Act shall be subject to chapter 11 of
    title 18, unless the Secretary, with the concurrence of the
    Director of the Office of Government Ethics, determines in writing
    published in the Federal Register that the provisions of that
    chapter, except section 201, shall not apply to the actions of a
    class or classes of volunteers who carry out only those duties or
    functions specified in the determination.

-SOURCE-
    (Pub. L. 109-125, Sec. 3, Dec. 7, 2005, 119 Stat. 2544.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (b)(2) and (d)(3), is Pub. L.
    109-125, Dec. 7, 2005, 119 Stat. 2544, known as the Department of
    the Interior Volunteer Recruitment Act of 2005, which enacted this
    section and provisions set out as notes under this section and
    section 1451 of this title. For complete classification of this Act
    to the Code, see Short Title of 2005 Amendment note set out under
    section 1451 of this title and Tables.

-MISC1-
                                  PURPOSE                              
      Pub. L. 109-125, Sec. 2, Dec. 7, 2005, 119 Stat. 2544, provided
    that: "The purpose of this Act [enacting this section and
    provisions set out as a note under section 1451 of this title] is
    to authorize the Secretary of the Interior to recruit and use
    volunteers to assist with, or facilitate, the programs of the
    Bureau of Indian Affairs, the United States Geological Survey, the
    Bureau of Reclamation, and the Office of the Secretary."

-End-

-CITE-
    43 USC CHAPTER 32 - COLORADO RIVER BASIN PROJECT            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT

-HEAD-
                 CHAPTER 32 - COLORADO RIVER BASIN PROJECT             

-MISC1-
                         SUBCHAPTER I - OBJECTIVES                     
    Sec.                                                     
    1501.       Congressional declaration of purpose and policy.      

                SUBCHAPTER II - INVESTIGATIONS AND PLANNING            
    1511.       Reconnaissance investigations by Secretary of the
                 Interior; reports; 10-year moratorium on water
                 importation studies.                                 
    1511a.      Cooperation and participation by Secretary of the Army
                 with Federal, State, and local agencies.             
    1512.       Mexican Water Treaty.                                 
    1513.       Importation of water; protection of exporting areas.  
    1514.       Authorization of appropriations.                      

      SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES  
    1521.       Central Arizona Project.                              
                  (a)  Construction and operation; Hayden-Rhodes
                        Aqueduct and pumping plants; Orme Dam and
                        Reservoir; Buttes Dam and Reservoir; Hooker
                        Dam and Reservoir; Charleston Dam and
                        Reservoir; Tucson aqueducts and pumping
                        plants; Fannin-McFarland Aqueduct; related and
                        appurtenant works.                            
                  (b)  Limitation on water diversions in years of
                        insufficient main stream Colorado River water.
                  (c)  Augmentation of water supply of Colorado River
                        system.                                       
    1522.       Orme Dam and Reservoir.                               
                  (a)  Acquisition of lands of Salt River
                        Pima-Maricopa Indian Community and Fort
                        McDowell-Apache Indian Community; relocation;
                        eminent domain.                               
                  (b)  Rights of former owners to use or lease land.  
                  (c)  Addition of land to Fort McDowell Indian
                        Reservation.                                  
                  (d)  Recreational facilities developed and operated
                        by Indian communities along Orme Reservoir
                        shoreline.                                    
                  (e)  Exemption of funds from State and Federal
                        income taxes.                                 
    1523.       Power requirements of Central Arizona Project and
                 augmentation of Lower Colorado River Basin
                 Development Fund.                                    
                  (a)  Engineering and economic studies.              
                  (b)  Construction of thermal generating powerplants;
                        agreements for acquisition by United States of
                        portions of plant capacity.                   
                  (c)  Recommended plan; submission to Congress.      
                  (d)  Apportionment of water for Arizona plants
                        diverted above Lee Ferry.                     
    1524.       Water furnished from Central Arizona Project.         
                  (a)  Restriction on use of water for irrigation.    
                  (b)  Contracts with municipal and industrial users. 
                  (c)  Water conservation.                            
                  (d)  Water exchanges.                               
                  (e)  Water shortage priorities.                     
                  (f)  New Mexico users; water exchange contracts.    
    1525.       Cost of main stream water of Colorado River.          
    1526.       Water salvage programs.                               
    1527.       Fish and wildlife conservation and development.       
    1528.       Authorization of appropriations.                      

        SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND    
    1541.       Allocation of costs; repayment.                       
    1542.       Repayment capability of Indian lands.                 
    1543.       Lower Colorado River Basin Development Fund.          
                  (a)  Establishment.                                 
                  (b)  Appropriations.                                
                  (c)  Revenues credited to fund.                     
                  (d)  Use of revenue funds.                          
                  (e)  Appropriation by Congress required for
                        construction of works.                        
                  (f)  Additional uses of revenue funds.              
                  (g)  Repayment of costs.                            
                  (h)  Interest rate.                                 
                  (i)  Annual budgets; submission to Congress.        
    1544.       Annual report to Congress.                            

                     SUBCHAPTER V - GENERAL PROVISIONS                 
    1551.       Construction of Colorado River Basin Act.             
                  (a)  Effect on other laws.                          
                  (b)  Reports to Congress.                           
                  (c)  Compliance of Federal officers and agencies.   
    1552.       Criteria for long-range operation of reservoirs.      
                  (a)  Promulgation by Secretary; order of priorities.
                  (b)  Submittal of criteria for review and comment;
                        publication; report to Congress.              
                  (c)  Powerplant operations.                         
    1553.       Upper Colorado River Basin; rights to consumptive uses
                 not to be reduced or prejudiced; duties and powers of
                 Commission not impaired.                             
    1554.       Federal reclamation laws.                             
    1555.       Federal Power Act inapplicable to Colorado River
                 between Hoover Dam and Glen Canyon Dam.              
    1556.       Definitions.                                          

-End-

-CITE-
    43 USC SUBCHAPTER I - OBJECTIVES                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER I - OBJECTIVES

-HEAD-
                         SUBCHAPTER I - OBJECTIVES                     

-End-

-CITE-
    43 USC Sec. 1501                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER I - OBJECTIVES

-HEAD-
    Sec. 1501. Congressional declaration of purpose and policy

-STATUTE-
      (a) It is the object of this chapter to provide a program for the
    further comprehensive development of the water resources of the
    Colorado River Basin and for the provision of additional and
    adequate water supplies for use in the upper as well as in the
    lower Colorado River Basin. This program is declared to be for the
    purposes, among others, of regulating the flow of the Colorado
    River; controlling floods; improving navigation; providing for the
    storage and delivery of the waters of the Colorado River for
    reclamation of lands, including supplemental water supplies, and
    for municipal, industrial, and other beneficial purposes; improving
    water quality; providing for basic public outdoor recreation
    facilities; improving conditions for fish and wildlife, and the
    generation and sale of electrical power as an incident of the
    foregoing purposes.
      (b) It is the policy of the Congress that the Secretary of the
    Interior (hereinafter referred to the "Secretary") shall continue
    to develop, after consultation with affected States and appropriate
    Federal agencies, a regional water plan, consistent with the
    provisions of this chapter and with future authorizations, to serve
    as the framework under which projects in the Colorado River Basin
    may be coordinated and constructed with proper timing to the end
    that an adequate supply of water may be made available for such
    projects, whether heretofore, herein, or hereafter authorized.

-SOURCE-
    (Pub. L. 90-537, title I, Sec. 102, Sept. 30, 1968, 82 Stat. 886.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as
    amended, known as the Colorado River Basin Project Act, which
    enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,
    and 620d-1 of this title, amended sections 616hh, 620, and 620a of
    this title, and enacted provisions set out as notes under sections
    620, 620k, and 1501 of this title. For complete classification of
    this Act to the Code, see Short Title note set out below and
    Tables.

-MISC1-
        EFFECTIVE DATE OF REPEAL ON FAILURE OF ENFORCEABILITY DATE    
      Pub. L. 108-451, title I, Sec. 111, Dec. 10, 2004, 118 Stat.
    3499, provided that:
      "(a) In General. - Except as provided in subsection (b), if the
    Secretary [of the Interior] does not publish a statement of
    findings under section 207(c) [118 Stat. 3519] by December 31, 2007
    - 
        "(1) this title [see Short Title of 2004 Amendment note below]
      is repealed effective January 1, 2008, and any action taken by
      the Secretary and any contract entered under any provision of
      this title shall be void; and
        "(2) any amounts appropriated under section 110 [118 Stat.
      3498] that remain unexpended shall immediately revert to the
      general fund of the Treasury.
      "(b) Exception. - No subcontract amendment executed by the
    Secretary under the notice of June 18, 2003 (67 Fed. Reg. 36578),
    shall be considered to be a contract entered into by the Secretary
    for purposes of subsection (a)(1)."
      Pub. L. 108-451, title II, Sec. 215, Dec. 10, 2004, 118 Stat.
    3535, provided that: "If the Secretary [of the Interior] does not
    publish a statement of findings under section 207(c) [118 Stat.
    3519] by December 31, 2007 - 
        "(1) except for section 213(i) [118 Stat. 3532], this title
      [see Short Title of 2004 Amendment note below] is repealed
      effective January 1, 2008, and any action taken by the Secretary
      and any contract entered under any provision of this title shall
      be void;
        "(2) any amounts appropriated under paragraphs (1) through (7)
      of section 214(a) [118 Stat. 3534, 3535], together with any
      interest on those amounts, shall immediately revert to the
      general fund of the Treasury;
        "(3) any amounts made available under section 214(b) [118 Stat.
      3535] that remain unexpended shall immediately revert to the
      general fund of the Treasury; and
        "(4) any amounts paid by the Salt River Project in accordance
      with the Gila River agreement shall immediately be returned to
      the Salt River Project."

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-451, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3478,
    provided that: "This Act [amending sections 1524 and 1543 of this
    title and enacting and repealing provisions set out as notes under
    this section and section 1543 of this title] may be cited as the
    'Arizona Water Settlements Act'."
      Pub. L. 108-451, title I, Sec. 101, Dec. 10, 2004, 118 Stat.
    3486, provided that: "This title [amending section 1543 of this
    title and enacting and repealing provisions set out as notes under
    this section and section 1543 of this title] may be cited as the
    'Central Arizona Project Settlement Act of 2004'."
      [For repeal of section 101 of Pub. L. 108-451, set out above,
    effective Jan. 1, 2008, if Secretary does not publish statement of
    findings under section 207(c) of Pub. L. 108-451 by Dec. 31, 2007,
    see section 111(a)(1) of Pub. L. 108-451, set out as a note above.]
      Pub. L. 108-451, title II, Sec. 201, Dec. 10, 2004, 118 Stat.
    3499, provided that: "This title [amending section 1524 of this
    title and enacting and repealing provisions set out as notes under
    this section] may be cited as the 'Gila River Indian Community
    Water Rights Settlement Act of 2004'."
      [For repeal of section 201 of Pub. L. 108-451, set out above,
    effective Jan. 1, 2008, if the Secretary does not publish a
    statement of findings under section 207(c) of Pub. L. 108-451 by
    Dec. 31, 2007, see section 215(1) of Pub. L. 108-451, set out as a
    note above.]

                                SHORT TITLE                            
      Section 101 of Pub. L. 90-537 provided: "That this Act [enacting
    this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1, and 620d-
    1 of this title, amending sections 616hh, 620, and 620a of this
    title, and enacting provisions set out as notes under sections 620,
    620k, and 1501 of this title] may be cited as the 'Colorado River
    Basin Project Act'."

-End-

-CITE-
    43 USC SUBCHAPTER II - INVESTIGATIONS AND PLANNING          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-
                SUBCHAPTER II - INVESTIGATIONS AND PLANNING            

-End-

-CITE-
    43 USC Sec. 1511                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-
    Sec. 1511. Reconnaissance investigations by Secretary of the
      Interior; reports; 10-year moratorium on water importation
      studies

-STATUTE-
      Pursuant to the authority set out in the Reclamation Act of June
    17, 1902, 32 Stat. 388, and Acts amendatory thereof or
    supplementary thereto, and the provisions of the Water Resources
    Planning Act of July 22, 1965, 79 Stat. 244, as amended [42 U.S.C.
    1962 et seq.], with respect to the coordination of studies,
    investigations and assessments, the Secretary of the Interior shall
    conduct full and complete reconnaissance investigations for the
    purpose of developing a general plan to meet the future water needs
    of the Western United States. Such investigations shall include the
    long-range water supply available and the long-range water
    requirements in each water resource region of the Western United
    States. Progress reports in connection with these investigations
    shall be submitted to the President, the National Water Commission
    (while it is in existence), the Water Resources Council, and to the
    Congress every two years. The first of such reports shall be
    submitted on or before June 30, 1971, and a final reconnaissance
    report shall be submitted not later than June 30, 1977: Provided,
    That for a period of ten years from November 2, 1978, any Federal
    official shall not undertake reconnaissance studies of any plan for
    the importation of water into the Colorado River Basin from any
    other natural river drainage basin lying outside the States of
    Arizona, California, Colorado, New Mexico, and those portions of
    Nevada, Utah, and Wyoming which are in the natural drainage basin
    of the Colorado River.

-SOURCE-
    (Pub. L. 90-537, title II, Sec. 201, Sept. 30, 1968, 82 Stat. 886;
    Pub. L. 95-578, Sec. 10, Nov. 2, 1978, 92 Stat. 2472; Pub. L. 96-
    375, Sec. 10, Oct. 3, 1980, 94 Stat. 1507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reclamation Act of June 17, 1902, 32 Stat. 388, referred to
    in text, is classified generally to chapter 12 (Sec. 371 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 371 of this title and
    Tables.
      The Water Resources Planning Act, as amended, referred to in
    text, is Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended,
    which is classified generally to chapter 19B (Sec. 1962 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1962 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-375 substituted "any Federal official" for "the
    Secretary" in proviso.
      1978 - Pub. L. 95-578 substituted "November 2, 1978" for
    "September 30, 1968".

                 TERMINATION OF NATIONAL WATER COMMISSION             
      National Water Commission, established by Pub. L. 90-515, Sept.
    26, 1968, 82 Stat. 868, terminated Sept. 26, 1973.

-End-

-CITE-
    43 USC Sec. 1511a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-
    Sec. 1511a. Cooperation and participation by Secretary of the Army
      with Federal, State, and local agencies

-STATUTE-
      The Secretary of the Army, acting through the Chief of Engineers,
    is authorized to cooperate and participate with concerned Federal,
    State, and local agencies in preparing the general plan for the
    development of the water resources of the western United States
    authorized by the Colorado River Basin Project Act [43 U.S.C. 1501
    et seq.].

-SOURCE-
    (Pub. L. 91-611, title II, Sec. 203, Dec. 31, 1970, 84 Stat. 1828.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Colorado River Basin Project Act, referred to in text, is
    Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1501 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Colorado River Basin
    Project Act which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 1512                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-
    Sec. 1512. Mexican Water Treaty

-STATUTE-
      The Congress declares that the satisfaction of the requirements
    of the Mexican Water Treaty from the Colorado River constitutes a
    national obligation which shall be the first obligation of any
    water augmentation project planned pursuant to section 1511 of this
    title and authorized by the Congress. Accordingly, the States of
    the Upper Division (Colorado, New Mexico, Utah, and Wyoming) and
    the States of the Lower Division (Arizona, California, and Nevada)
    shall be relieved from all obligations which may have been imposed
    upon them by article III(c) of the Colorado River Compact so long
    as the Secretary shall determine and proclaim that means are
    available and in operation which augment the water supply of the
    Colorado River system in such quantity as to satisfy the
    requirements of the Mexican Water Treaty together with any losses
    of water associated with the performance of that treaty: Provided,
    That the satisfaction of the requirements of the Mexican Water
    Treaty (Treaty Series 994, 59 Stat. 1219), shall be from the waters
    of the Colorado River pursuant to the treaties, laws, and compacts
    presently relating thereto, until such time as a feasibility plan
    showing the most economical means of augmenting the water supply
    available in the Colorado River below Lee Ferry by two and one-half
    million acre-feet shall be authorized by the Congress and is in
    operation as provided in this chapter.

-SOURCE-
    (Pub. L. 90-537, title II, Sec. 202, Sept. 30, 1968, 82 Stat. 887.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as
    amended, known as the Colorado River Basin Project Act, which
    enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,
    and 620d-1 of this title, amended sections 616hh, 620, and 620a of
    this title, and enacted provisions set out as notes under sections
    620, 620k, and 1501 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1501 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 1513                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-
    Sec. 1513. Importation of water; protection of exporting areas

-STATUTE-
      (a) In the event that the Secretary shall, pursuant to section
    1511 of this title, plan works to import water into the Colorado
    River system from sources outside the natural drainage areas of the
    system, he shall make provision for adequate and equitable
    protection of the interests of the States and areas of origin,
    including assistance from funds specified in this chapter, to the
    end that water supplies may be available for use in such States and
    areas of origin adequate to satisfy their ultimate requirements at
    prices to users not adversely affected by the exportation of water
    to the Colorado River system.
      (b) All requirements, present or future, for water within any
    State lying wholly or in part within the drainage area of any river
    basin from which water is exported by works planned pursuant to
    this chapter shall have a priority of right in perpetuity to the
    use of the waters of that river basin, for all purposes, as against
    the uses of the water delivered by means of such exportation works,
    unless otherwise provided by interstate agreement.

-SOURCE-
    (Pub. L. 90-537, title II, Sec. 203, Sept. 30, 1968, 82 Stat. 887.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as
    amended, known as the Colorado River Basin Project Act, which
    enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,
    and 620d-1 of this title, amended sections 616hh, 620, and 620a of
    this title, and enacted provisions set out as notes under sections
    620, 620k, and 1501 of this title. For complete classification of
    this Act to the Code, see Short Title note set out below and
    Tables.

-End-

-CITE-
    43 USC Sec. 1514                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-
    Sec. 1514. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such sums as are required
    to carry out the purposes of this subchapter.

-SOURCE-
    (Pub. L. 90-537, title II, Sec. 204, Sept. 30, 1968, 82 Stat. 887.)

-End-

-CITE-
    43 USC SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF
           EXISTING USES                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
      SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES  

-End-

-CITE-
    43 USC Sec. 1521                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1521. Central Arizona Project

-STATUTE-
    (a) Construction and operation; Hayden-Rhodes Aqueduct and pumping
      plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker
      Dam and Reservoir; Charleston Dam and Reservoir; Tucson aqueducts
      and pumping plants; Fannin-McFarland Aqueduct; related and
      appurtenant works
      For the purposes of furnishing irrigation water and municipal
    water supplies to the water-deficient areas of Arizona and western
    New Mexico through direct diversion or exchange of water, control
    of floods, conservation and development of fish and wildlife
    resources, enhancement of recreation opportunities, and for other
    purposes, the Secretary shall construct, operate, and maintain the
    Central Arizona Project, consisting of the following principal
    works: (1) a system of main conduits and canals, including a main
    canal and pumping plants (Hayden-Rhodes Aqueduct and pumping
    plants), for diverting and carrying water from Lake Havasu to Orme
    Dam or suitable alternative, which system may have a capacity of
    3,000 cubic feet per second or whatever lesser capacity is found to
    be feasible: Provided, That any capacity in the Hayden-Rhodes
    Aqueduct in excess of 2,500 cubic feet per second shall be utilized
    for the conveyance of Colorado River water only when Lake Powell is
    full or releases of water are made from Lake Powell to prevent the
    reservoir from exceeding elevation 3,700 feet above mean sea level
    or when releases are made pursuant to the proviso in section
    1552(a)(3) of this title: Provided further, That the costs of
    providing any capacity in excess of 2,500 cubic feet per second
    shall be repaid by those funds available to Arizona pursuant to the
    provision of section 1543(f) of this title, or by funds from
    sources other than the development fund; (2) Orme Dam and Reservoir
    and power pumping plant or suitable alternative; (3) Buttes Dam and
    Reservoir, which shall be so operated as not to prejudice the
    rights of any user in and to the waters of the Gila River as those
    rights are set forth in the decree entered by the United States
    District Court for the District of Arizona on June 29, 1935, in
    United States against Gila Valley Irrigation District and others
    (Globe Equity Numbered 59); (4) Hooker Dam and Reservoir or
    suitable alternative, which shall be constructed in such a manner
    as to give effect to the provisions of subsection (f) of section
    1524 of this title; (5) Charleston Dam and Reservoir; (6) Tucson
    aqueducts and pumping plants; (7) Fannin-McFarland Aqueduct; (8)
    related canals, regulating facilities, hydroelectric powerplants,
    and electric transmission facilities required for the operation of
    said principal works; (9) related water distribution and drainage
    works; and (10) appurtenant works.
    (b) Limitation on water diversions in years of insufficient main
      stream Colorado River water
      Article II(B)(3) of the decree of the Supreme Court of the United
    States in Arizona against California (376 U.S. 340) shall be so
    administered that in any year in which, as determined by the
    Secretary, there is insufficient main stream Colorado River water
    available for release to satisfy annual consumptive use of seven
    million five hundred thousand acre-feet in Arizona, California, and
    Nevada, diversions from the main stream for the Central Arizona
    Project shall be so limited as to assure the availability of water
    in quantities sufficient to provide for the aggregate annual
    consumptive use by holders of present perfected rights, by other
    users in the State of California served under existing contracts
    with the United States by diversion works heretofore constructed,
    and by other existing Federal reservations in that State, of four
    million four hundred thousand acre-feet of mainstream water, and by
    users of the same character in Arizona and Nevada. Water users in
    the State of Nevada shall not be required to bear shortages in any
    proportion greater than would have been imposed in the absence of
    this subsection. This subsection shall not affect the relative
    priorities, among themselves, of water users in Arizona, Nevada,
    and California which are senior to diversions for the Central
    Arizona Project, or amend any provisions of said decree.
    (c) Augmentation of water supply of Colorado River system
      The limitation stated in subsection (b) of this section shall not
    apply so long as the Secretary shall determine and proclaim that
    means are available and in operation which augment the water supply
    of the Colorado River system in such quantity as to make sufficient
    mainstream water available for release to satisfy annual
    consumptive use of seven million five hundred thousand acre-feet in
    Arizona, California, and Nevada.

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 301, Sept. 30, 1968, 82 Stat. 887;
    Pub. L. 100-345, Sec. 2(b), June 24, 1988, 102 Stat. 643; Pub. L.
    102-575, title XIII, Sec. 1302, Oct. 30, 1992, 106 Stat. 4662.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a)(7). Pub. L. 102-575 substituted "Fannin-
    McFarland Aqueduct" for "Salt-Gila aqueducts".
      1988 - Subsec. (a)(1). Pub. L. 100-345 substituted "Hayden-Rhodes
    Aqueduct" for "Granite Reef aqueduct" in two places.

      DESIGNATION OF SALT-GILA AQUEDUCT AS FANNIN-MCFARLAND AQUEDUCT  
      Sections 1301 and 1302 of Pub. L. 102-575 provided that:

      "SEC. 1301. DESIGNATION.
      "The Salt-Gila Aqueduct of the Central Arizona Project,
    constructed, operated, and maintained under section 301(a)(7) of
    the Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)),
    hereafter shall be known and designated as the 'Fannin-McFarland
    Aqueduct'.

      "SEC. 1302. REFERENCES.
      "Any reference in any law, regulation, document, record, map, or
    other paper of the United States to the aqueduct referred to in
    section 1301 hereby is deemed to be a reference to the 'Fannin-
    McFarland Aqueduct'."

      DESIGNATION OF GRANITE REEF AQUEDUCT AS HAYDEN-RHODES AQUEDUCT  
      Section 2 of Pub. L. 100-345 provided that:
      "(a) The Granite Reef Aqueduct of the Central Arizona project,
    constructed, operated, and maintained under section 301(a)(1) of
    the Colorado River Basin [Project] Act (43 U.S.C. 1521(a)(1)),
    hereafter shall be known and designated as the 'Hayden-Rhodes
    Aqueduct'.
      "(b) Any reference in any law, regulation, document, record, map,
    or other paper of the United States to the aqueduct referred to in
    subsection (a) hereby is deemed to be a reference to the 'Hayden-
    Rhodes Aqueduct'."

-End-

-CITE-
    43 USC Sec. 1522                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1522. Orme Dam and Reservoir

-STATUTE-
    (a) Acquisition of lands of Salt River Pima-Maricopa Indian
      Community and Fort McDowell-Apache Indian Community; relocation;
      eminent domain
      The Secretary shall designate the lands of the Salt River Pima-
    Maricopa Indian Community, Arizona, and the Fort McDowell-Apache
    Indian Community, Arizona, or interests therein, and any allotted
    lands or interests therein within said communities which he
    determines are necessary for use and occupancy by the United States
    for the construction, operation, and maintenance of Orme Dam and
    Reservoir, or alternative. The Secretary shall offer to pay the
    fair market value of the lands and interests designated, inclusive
    of improvements. In addition, the Secretary shall offer to pay
    toward the cost of relocating or replacing such improvements not to
    exceed $500,000 in the aggregate, and the amount offered for the
    actual relocation or replacement of a residence shall not exceed
    the difference between the fair market value of the residence and
    $8,000. Each community and each affected allottee shall have six
    months in which to accept or reject the Secretary's offer. If the
    Secretary's offer is rejected, the United States may proceed to
    acquire the property interests involved through eminent domain
    proceedings in the United States District Court for the District of
    Arizona under sections 3113 and 3114(a) to (d) of title 40. Upon
    acceptance in writing of the Secretary's offer, or upon the filing
    of a declaration of taking in eminent domain proceedings, title to
    the lands or interests involved, and the right to possession
    thereof, shall vest in the United States. Upon a determination by
    the Secretary that all or any part of such lands or interests are
    no longer necessary for the purpose for which acquired, title to
    such lands or interests shall be restored to the appropriate
    community upon repayment to the Federal Government of the amounts
    paid by it for such lands.
    (b) Rights of former owners to use or lease land
      Title to any land or easement acquired pursuant to this section
    shall be subject to the right of the former owner to use or lease
    the land for purposes not inconsistent with the construction,
    operation, and maintenance of the project, as determined by, and
    under terms and conditions prescribed by, the Secretary. Such right
    shall include the right to extract and dispose of minerals. The
    determination of fair market value under subsection (a) of this
    section shall reflect the right to extract and dispose of minerals
    and all other uses permitted by this section.
    (c) Addition of land to Fort McDowell Indian Reservation
      In view of the fact that a substantial portion of the lands of
    the Fort McDowell Mohave-Apache Indian Community will be required
    for Orme Dam and Reservoir, or alternative, the Secretary shall, in
    addition to the compensation provided for in subsection (a) of this
    section, designate and add to the Fort McDowell Indian Reservation
    twenty-five hundred acres of suitable lands in the vicinity of the
    reservation that are under the jurisdiction of the Department of
    the Interior in township 4 north, range 7 east; township 5 north,
    range 7 east; and township 3 north, range 7 east, Gila and Salt
    River base meridian, Arizona. Title to lands so added to the
    reservation shall be held by the United States in trust for the
    Fort McDowell Mohave-Apache Indian Community.
    (d) Recreational facilities developed and operated by Indian
      communities along Orme Reservoir shoreline
      Each community shall have a right, in accordance with plans
    approved by the Secretary, to develop and operate recreational
    facilities along the part of the shoreline of the Orme Reservoir
    located on or adjacent to its reservation, including land added to
    the Fort McDowell Reservation as provided in subsection (b) of this
    section, subject to rules and regulations prescribed by the
    Secretary governing the recreation development of the reservoir.
    Recreation development of the entire reservoir and federally owned
    lands under the jurisdiction of the Secretary adjacent thereto
    shall be in accordance with a master recreation plan approved by
    the Secretary. The members of each community shall have
    nonexclusive personal rights to hunt and fish on or in the
    reservoir without charge to the same extent they are now authorized
    to hunt and fish, but no community shall have the right to exclude
    others from the reservoir except by control of access through its
    reservation or any right to require payment by members of the
    public except for the use of community lands or facilities.
    (e) Exemption of funds from State and Federal income taxes
      All funds paid pursuant to this section, and any per capita
    distribution thereof, shall be exempt from all forms of State and
    Federal income taxes.

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 302, Sept. 30, 1968, 82 Stat.
    888.)

-COD-
                               CODIFICATION                           
       In subsec. (a), "sections 3113 and 3114(a) to (d) of title 40"
    substituted for "40 U.S.C., sections 257 and 258a" on authority of
    Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
    first section of which enacted Title 40, Public Buildings,
    Property, and Works.

-MISC1-
    INAPPLICABILITY OF SUBSECTION (A) TO FORT MCDOWELL INDIAN COMMUNITY
      Pub. L. 101-628, title IV, Sec. 411(e), Nov. 28, 1990, 104 Stat.
    4491, provided that: "As of the date the authorizations contained
    in section 409(b) of this Act become effective [see section 412 of
    Pub. L. 101-628, 104 Stat. 4491], section 302(a) of the Colorado
    River Basin Project Act (43 U.S.C. 1522(a)) shall no longer apply
    to the Community [Fort McDowell Indian Community]."

       INAPPLICABILITY TO SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY   
      Pub. L. 100-512, Sec. 11(c), Oct. 20, 1988, 102 Stat. 2558,
    provided that: "Upon the effective date of this Act as set forth in
    section 12 [102 Stat. 2559], section 302 of the Colorado River
    Basin Project Act (43 U.S.C. 1522) shall no longer apply to the
    Community [Salt River Pima-Maricopa Indian Community]."

-End-

-CITE-
    43 USC Sec. 1523                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1523. Power requirements of Central Arizona Project and
      augmentation of Lower Colorado River Basin Development Fund

-STATUTE-
    (a) Engineering and economic studies
      The Secretary is authorized and directed to continue to a
    conclusion appropriate engineering and economic studies and to
    recommend the most feasible plan for the construction and operation
    of hydroelectric generating and transmission facilities, the
    purchase of electrical energy, the purchase of entitlement to
    electrical plant capacity, or any combination thereof, including
    participation, operation, or construction by non-Federal entities,
    for the purpose of supplying the power requirements of the Central
    Arizona Project and augmenting the Lower Colorado River Basin
    Development Fund: Provided, That nothing in this section or in this
    chapter contained shall be construed to authorize the study or
    construction of any dams on the main stream of the Colorado River
    between Hoover Dam and Glen Canyon Dam.
    (b) Construction of thermal generating powerplants; agreements for
      acquisition by United States of portions of plant capacity
      If included as a part of the recommended plan, the Secretary may
    enter into agreements with non-Federal interests proposing to
    construct thermal generating powerplants whereby the United States
    shall acquire the right to such portions of their capacity,
    including delivery of power and energy over appurtenant
    transmission facilities to mutually agreed upon delivery points, as
    he determines is required in connection with the operation of the
    Central Arizona Project. When not required for the Central Arizona
    Project, the power and energy acquired by such agreements may be
    disposed of intermittently by the Secretary for other purposes at
    such prices as he may determine, including its marketing in
    conjunction with the sale of power and energy from Federal
    powerplants in the Colorado River system so as to produce the
    greatest practicable amount of power and energy that can be sold at
    firm power and energy rates. The agreements shall provide among
    other things, that - 
        (1) the United States shall pay not more than that portion of
      the total construction cost, exclusive of interest during
      construction, of the powerplants, and of any switchyards and
      transmission facilities serving the United States, as is
      represented by the ratios of the respective capacities to be
      provided for the United States therein to the total capacities of
      such facilities. The Secretary shall make the Federal portion of
      such costs available to the non-Federal interests during the
      construction period, including the period of preparation of
      designs and specifications, in such installments as will
      facilitate a timely construction schedule, but no funds other
      than for preconstruction activities shall be made available by
      the Secretary until he determines that adequate contractual
      arrangements have been entered into between all the affected
      parties covering land, water, fuel supplies, power (its
      availability and use), rights-of-way, transmission facilities and
      all other necessary matters for the thermal generating
      powerplants;
        (2) annual operation and maintenance costs shall be apportioned
      between the United States and the non-Federal interests on an
      equitable basis taking into account the ratios determined in
      accordance with the foregoing clause (1): Provided, however, That
      the United States shall share on the foregoing basis in the
      depreciation component of such costs only to the extent of
      provision for depreciation on replacements financed by the non-
      Federal interests;
        (3) the United States shall be given appropriate credit for any
      interests in Federal lands administered by the Department of the
      Interior that are made available for the power plants and
      appurtenances;
        (4) costs to be borne by the United States under clauses (1)
      and (2) shall not include (a) interest and interest during
      construction, (b) financing charges, (c) franchise fees, and (d)
      such other costs as shall be specified in the agreement.
    (c) Recommended plan; submission to Congress
      No later than one year from September 30, 1968, the Secretary
    shall submit his recommended plan to the Congress. Except as
    authorized by subsection (b) of this section, such plan shall not
    become effective until approved by the Congress.
    (d) Apportionment of water for Arizona plants diverted above Lee
      Ferry
      If any thermal generating plant referred to in subsection (b) of
    this section is located in Arizona, and if it is served by water
    diverted from the drainage area of the Colorado River system above
    Lee Ferry, other provisions of existing law to the contrary
    notwithstanding, such consumptive use of water shall be a part of
    the fifty thousand acre-feet per annum apportioned to the State of
    Arizona by article III(a) of the Upper Colorado River Basin Compact
    (63 Stat. 31).

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 303, Sept. 30, 1968, 82 Stat.
    889.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885,
    as amended, known as the Colorado River Basin Project Act, which
    enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,
    and 620d-1 of this title, amended sections 616hh, 620, and 620a of
    this title, and enacted provisions set out as notes under sections
    620, 620k, and 1501 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1501 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 1524                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1524. Water furnished from Central Arizona Project

-STATUTE-
    (a) Restriction on use of water for irrigation
      Unless and until otherwise provided by Congress, water from the
    Central Arizona Project shall not be made available directly or
    indirectly for the irrigation of lands not having a recent
    irrigation history as determined by the Secretary, except in the
    case of Indian lands, national wildlife refuges, and, with the
    approval of the Secretary, State-administered wildlife management
    areas.
    (b) Contracts with municipal and industrial users
      (1) Irrigation and municipal and industrial water supply under
    the Central Arizona Project within the State of Arizona may, in the
    event the Secretary determines that it is necessary to effect
    repayment, be pursuant to master contracts with organizations which
    have power to levy assessments against all taxable real property
    within their boundaries. The terms and conditions of contracts or
    other arrangements whereby each such organization makes water from
    the Central Arizona Project available to users within its
    boundaries shall be subject to the Secretary's approval, and the
    United States shall, if the Secretary determines such action is
    desirable to facilitate carrying out the provisions of this
    chapter, have the right to require that it be a party to such
    contracts or that contracts subsidiary to the master contracts be
    entered into between the United States and any user. The provisions
    of this clause (1) shall not apply to the supplying of water to an
    Indian tribe for use within the boundaries of an Indian
    reservation.
      (2) Any obligation assumed pursuant to section 485h(d) of this
    title with respect to any project contract unit or irrigation block
    shall be repaid over a basic period of not more than fifty years;
    any water service provided pursuant to section 485h(e) of this
    title may be on the basis of delivery of water for a period of
    fifty years and for the delivery of such water at an identical
    price per acre-foot for water of the same class at the several
    points of delivery from the main canals and conduits and from such
    other points of delivery as the Secretary may designate; and long-
    term contracts relating to irrigation water supply shall provide
    that water made available thereunder may be made available by the
    Secretary for municipal or industrial purposes if and to the extent
    that such water is not required by the contractor for irrigation
    purposes.
      (3) Contracts relating to municipal and industrial water supply
    under the Central Arizona Project may be made without regard to the
    limitations of the last sentence of section 485h(c) of this title;
    may provide for the delivery of such water at an identical price
    per acre-foot for water of the same class at the several points of
    delivery from the main canals and conduits; and may provide for
    repayment over a period of fifty years if made pursuant to clause
    (1) of said section and for the delivery of water over a period of
    fifty years if made pursuant to clause (2) thereof.
    (c) Water conservation
      Each contract under which water is provided under the Central
    Arizona Project shall require that (1) there be in effect measures,
    adequate in the judgment of the Secretary, to control expansion of
    irrigation from aquifers affected by the irrigation in the contract
    service area; (2) the canals and distribution systems through which
    water is conveyed after its delivery by the United States to the
    contractors shall be provided and maintained with linings adequate
    in his judgment to prevent excessive conveyance losses; and (3)
    [Repealed. Pub. L. 102-575, title XXXVII, Sec. 3710(k), Oct. 30,
    1992, 106 Stat. 4751]. Such contracts shall be subordinate at all
    times to the satisfaction of all existing contracts between the
    Secretary and users in Arizona heretofore made pursuant to the
    Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.].
    (d) Water exchanges
      The Secretary may require in any contract under which water is
    provided from the Central Arizona Project that the contractor agree
    to accept main stream water in exchange for or in replacement of
    existing supplies from sources other than the main stream. The
    Secretary shall so require in the case of users in Arizona who also
    use water from the Gila River system to the extent necessary to
    make available to users of water from the Gila River system in New
    Mexico additional quantities of water as provided in and under the
    conditions specified in subsection (f) of this section: Provided,
    That such exchanges and replacements shall be accomplished without
    economic injury or cost to such Arizona contractors.
    (e) Water shortage priorities
      In times of shortage or reduction of main stream Colorado River
    water for the Central Arizona Project, as determined by the
    Secretary, users which have yielded water from other sources in
    exchange for main stream water supplied by that project shall have
    a first priority to receive main stream water, as against other
    users supplied by that project which have not so yielded water from
    other sources, but only in quantities adequate to replace the water
    so yielded.
    (f) New Mexico users; water exchange contracts
      (1) In the operation of the Central Arizona Project, the
    Secretary shall offer to contract with water users in the State of
    New Mexico, with the approval of its Interstate Stream Commission,
    or with the State of New Mexico, through its Interstate Stream
    Commission, for water from the Gila River, its tributaries and
    underground water sources in amounts that will permit consumptive
    use of water in New Mexico of not to exceed an annual average in
    any period of 10 consecutive years of 14,000 acre-feet, including
    reservoir evaporation, over and above the consumptive uses provided
    for by article IV of the decree of the Supreme Court of the United
    States in Arizona v. California (376 U.S. 340). Such increased
    consumptive uses shall continue only so long as delivery of
    Colorado River water to downstream Gila River users in Arizona is
    being accomplished in accordance with this chapter, in quantities
    sufficient to replace any diminution of their supply resulting from
    such diversion from the Gila River, its tributaries and underground
    water sources. In determining the amount required for this purpose,
    full consideration shall be given to any differences in the quality
    of the water involved.
      (2) All additional consumptive uses provided for in clauses (1)
    and (2) (!1) of this subsection shall be subject to all rights in
    New Mexico and Arizona as established by the decree entered by the
    United States District Court for the District of Arizona on June
    29, 1935, in United States against Gila Valley Irrigation District
    and others (Globe Equity Numbered 59) and to all other rights
    existing on September 30, 1968, in New Mexico and Arizona to water
    from the Gila River, its tributaries, and underground water
    sources, and shall be junior thereto and shall be made only to the
    extent possible without economic injury or cost to the holders of
    such rights.

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 304, Sept. 30, 1968, 82 Stat. 891;
    Pub. L. 102-575, title XXXVII, Sec. 3710(k), Oct. 30, 1992, 106
    Stat. 4751; Pub. L. 108-451, title II, Sec. 212(d), Dec. 10, 2004,
    118 Stat. 3528.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b)(1), (f)(1), was in the
    original "this Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82
    Stat. 885, as amended, known as the Colorado River Basin Project
    Act, which enacted this chapter and sections 616aa-1, 620a-1, 620a-
    2, 620c-1, and 620d-1 of this title, amended sections 616hh, 620,
    and 620a of this title, and enacted provisions set out as notes
    under sections 620, 620k, and 1501 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1501 of this title and Tables.
      The Boulder Canyon Project Act, referred to in subsec. (c), is
    act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is
    classified generally to subchapter I (Sec. 617 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 617t of this title and Tables.

-COD-
                               CODIFICATION                           
      Subsec. (g) of this section, which restricted the use of water
    from the projects authorized by this chapter for the production of
    basic agricultural commodities on newly irrigated lands for a
    period of ten years from Sept. 30, 1968, was omitted.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (f)(1). Pub. L. 108-451, Sec. 212(d)(1), added
    par. (1) and struck out former par. (1) which read as follows: "In
    the operation of the Central Arizona Project, the Secretary shall
    offer to contract with water users in New Mexico for water from the
    Gila River, its tributaries and underground water sources in
    amounts that will permit consumptive use of water in New Mexico of
    not to exceed an annual average in any period of ten consecutive
    years of eighteen thousand acre-feet, including reservoir
    evaporation, over and above the consumptive uses provided for by
    article IV of the decree of the Supreme Court of the United States
    in Arizona against California (376 U.S. 340). Such increased
    consumptive uses shall not begin until, and shall continue only so
    long as, delivery of Colorado River water to downstream Gila River
    users in Arizona is being accomplished in accordance with this
    chapter, in quantities sufficient to replace any diminution of
    their supply resulting from such diversion from the Gila River, its
    tributaries and underground water sources. In determining the
    amount required for this purpose full consideration shall be given
    to any differences in the quality of the waters involved."
      Subsec. (f)(2), (3). Pub. L. 108-451, Sec. 212(d)(2), (3),
    redesignated par. (3) as (2) and struck out former par. (2) which
    read as follows: "The Secretary shall further offer to contract
    with water users in New Mexico for water from the Gila River, its
    tributaries, and underground water sources in amounts that will
    permit consumptive uses of water in New Mexico of not to exceed an
    annual average in any period of ten consecutive years of an
    additional thirty thousand acre-feet, including reservoir
    evaporation. Such further increases in consumptive use shall not
    begin until, and shall continue only so long as, works capable of
    augmenting the water supply of the Colorado River system have been
    completed and water sufficiently in excess of two million eight
    hundred thousand acre-feet per annum is available from the main
    stream of the Colorado River for consumptive use in Arizona to
    provide water for the exchanges herein authorized and provided. In
    determining the amount required for this purpose full consideration
    shall be given to any differences in the quality of the waters
    involved."
      1992 - Subsec. (c)(3). Pub. L. 102-575 repealed cl. (3) which
    read as follows: "neither the contractor nor the Secretary shall
    pump or permit others to pump ground water from within the exterior
    boundaries of the service area of a contractor receiving water from
    the Central Arizona Project for any use outside said contractor's
    service area unless the Secretary and such contractor shall agree,
    or shall have previously agreed, that a surplus of ground water
    exists and that drainage is or was required."

              TRANSPORTATION OF WATER PUMPED WITHIN BOUNDARY          
      Section 3710(k) of Pub. L. 102-575 provided in part that: "This
    subsection [amending this section] does not authorize
    transportation of water pumped within the exterior boundary of a
    Federal reclamation project established prior to September 30,
    1968, pursuant to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C.
    391) [see Short Title note set out under section 371 of this
    title], as amended and supplemented, across project boundaries."

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 1525                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1525. Cost of main stream water of Colorado River

-STATUTE-
      To the extent that the flow of the main stream of the Colorado
    River is augmented in order to make sufficient water available for
    release, as determined by the Secretary pursuant to article
    II(b)(1) of the decree of the Supreme Court of the United States in
    Arizona against California (376 U.S. 340), to satisfy annual
    consumptive use of two million eight hundred thousand acre-feet in
    Arizona, four million four hundred thousand acre-feet in
    California, and three hundred thousand acre-feet in Nevada,
    respectively, the Secretary shall make such water available to
    users of main stream water in those States at the same costs (to
    the extent that such costs can be made comparable through the
    nonreimbursable allocation to the replenishment of the deficiencies
    occasioned by satisfaction of the Mexican Treaty burden as herein
    provided and financial assistance from the development fund
    established by section 1543 of this title) and on the same terms as
    would be applicable if main stream water were available for release
    in the quantities required to supply such consumptive use.

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 305, Sept. 30, 1968, 82 Stat.
    893.)

-End-

-CITE-
    43 USC Sec. 1526                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1526. Water salvage programs

-STATUTE-
      The Secretary shall undertake programs for water salvage and
    ground water recovery along and adjacent to the main stream of the
    Colorado River. Such programs shall be consistent with maintenance
    of a reasonable degree of undistributed habitat for fish and
    wildlife in the area, as determined by the Secretary.

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 306, Sept. 30, 1968, 82 Stat.
    893.)

-End-

-CITE-
    43 USC Sec. 1527                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1527. Fish and wildlife conservation and development

-STATUTE-
      The conservation and development of the fish and wildlife
    resources and the enhancement of recreation opportunities in
    connection with the project works authorized pursuant to this
    subchapter shall be in accordance with the provisions of the
    Federal Water Project Recreation Act (79 Stat. 213) [16 U.S.C. 460l-
    12 et seq.], except as provided in section 1522 of this title.

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 308, Sept. 30, 1968, 82 Stat.
    893.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Project Recreation Act, referred to in text, is
    Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as amended, which is
    classified principally to part C (Sec. 460l-12 et seq.) of
    subchapter LXIX of chapter 1 of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 460l-12 of Title 16 and Tables.

-End-

-CITE-
    43 USC Sec. 1528                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-
    Sec. 1528. Authorization of appropriations

-STATUTE-
      (a) There is hereby authorized to be appropriated for
    construction of the Central Arizona Project, including prepayment
    for power generation and transmission facilities but exclusive of
    distribution and drainage facilities for non-Indian lands,
    $832,180,000 plus or minus such amounts, if any, as may be
    justified by reason of ordinary fluctuations in construction costs
    as indicated by engineering cost indices applicable to the types of
    construction involved therein and, in addition thereto, such sums
    as may be required for operation and maintenance of the project.
      (b) There is also authorized to be appropriated $100,000,000 for
    construction of distribution and drainage facilities for non-Indian
    lands plus or minus such amounts, if any, as may be justified by
    reason of ordinary fluctuations in construction costs as indicated
    by engineering and cost indices applicable to the types of
    construction involved therein from September 30, 1968: Provided,
    That the Secretary shall enter into agreements with non-Federal
    interests to provide not less than 20 per centum of the total cost
    of such facilities during the construction of such facilities.
    Notwithstanding the provisions of section 1543 of this title,
    neither appropriations made pursuant to the authorization contained
    in this subsection nor revenues collected in connection with the
    operation of such facilities shall be credited to the Lower
    Colorado River Basin Development Fund and payments shall not be
    made from that fund to the general fund of the Treasury to return
    any part of the costs of construction, operation, and maintenance
    of such facilities.

-SOURCE-
    (Pub. L. 90-537, title III, Sec. 309, Sept. 30, 1968, 82 Stat. 893;
    Pub. L. 97-373, Dec. 20, 1982, 96 Stat. 1817.)

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (b). Pub. L. 97-373 substituted "There is also
    authorized to be appropriated $100,000,000 for construction of
    distribution and drainage facilities for non-Indian lands plus or
    minus such amounts, if any, as may be justified by reason of
    ordinary fluctuations in construction costs as indicated by
    engineering and cost indices applicable to the types of
    construction involved therein from September 30, 1968: Provided,
    That the Secretary shall enter into agreements with non-Federal
    interests to provide not less than 20 per centum of the total cost
    of such facilities during the construction of such facilities" for
    "There is also authorized to be appropriated $100,000,000 for
    construction of distribution and drainage facilities for non-Indian
    lands".

-End-

-CITE-
    43 USC SUBCHAPTER IV - LOWER COLORADO RIVER BASIN
           DEVELOPMENT FUND                                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-
        SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND    

-End-

-CITE-
    43 USC Sec. 1541                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-
    Sec. 1541. Allocation of costs; repayment

-STATUTE-
      Upon completion of each lower basin unit of the project herein or
    hereafter authorized, or separate feature thereof, the Secretary
    shall allocate the total costs of constructing said unit or
    features to (1) commercial power, (2) irrigation, (3) municipal and
    industrial water supply, (4) flood control, (5) navigation, (6)
    water quality control, (7) recreation, (8) fish and wildlife, (9)
    the replenishment of the depletion of Colorado River flows
    available for use in the United States occasioned by performance of
    the Water Treaty of 1944 with the United Mexican States (Treaty
    Series 994; 59 Stat. 1219), and (10) any other purposes authorized
    under the Federal reclamation laws. Costs of construction,
    operation, and maintenance allocated to the replenishment of the
    depletion of Colorado River flows available for use in the United
    States occasioned by compliance with the Mexican Water Treaty
    (including losses in transit, evaporation from regulatory
    reservoirs, and regulatory losses at the Mexican boundary, incurred
    in the transportation, storage, and delivery of water in discharge
    of the obligations of that treaty) shall be nonreimbursable:
    Provided, That the nonreimbursable allocation shall be made on a
    pro rata basis to be determined by the ratio between the amount of
    water required to comply with the Mexican Water Treaty and the
    total amount of water by which the Colorado River is augmented
    pursuant to the investigations authorized subchapter II of this
    chapter and any future Congressional authorization. The repayment
    of costs allocated to recreation and fish and wildlife enhancement
    shall be in accordance with the provisions of the Federal Water
    Project Recreation Act (79 Stat. 213) [16 U.S.C. 460l-12 et seq.]:
    Provided, That all of the separable and joint costs allocated to
    recreation and fish and wildlife enhancement as a part of the Dixie
    project, Utah, shall be nonreimbursable. Costs allocated to
    nonreimbursable purposes shall be nonreturnable under the
    provisions of this chapter.

-SOURCE-
    (Pub. L. 90-537, title IV, Sec. 401, Sept. 30, 1968, 82 Stat. 894.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal reclamation laws, referred to in text, include the
    act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as
    the Reclamation Act, and Acts amendatory thereof and supplementary
    thereto, classified generally to chapter 12 (Sec. 371 et seq.) of
    this title. For complete classification of act June 17, 1902, to
    the Code, see Short Title note set out under section 371 of this
    title and Tables.
      The Federal Water Project Recreation Act, referred to in text, is
    Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as amended, which is
    classified principally to part C (Sec. 460l-12 et seq.) of
    subchapter LXIX of chapter 1 of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 460l-12 of Title 16 and Tables.
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as
    amended, known as the Colorado River Basin Project Act, which
    enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,
    and 620d-1 of this title, amended sections 616hh, 620, and 620a of
    this title, and enacted provisions set out as notes under sections
    620, 620k, and 1501 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1501 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 1542                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-
    Sec. 1542. Repayment capability of Indian lands

-STATUTE-
      The Secretary shall determine the repayment capability of Indian
    lands within, under, or served by any unit of the project.
    Construction costs allocated to irrigation of Indian lands
    (including provision of water for incidental domestic and stock
    water uses) and within the repayment capability of such lands shall
    be subject to section 386a of title 25, and such costs that are
    beyond repayment capability of such lands shall be nonreimbursable.

-SOURCE-
    (Pub. L. 90-537, title IV, Sec. 402, Sept. 30, 1968, 82 Stat. 894.)

-End-

-CITE-
    43 USC Sec. 1543                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-
    Sec. 1543. Lower Colorado River Basin Development Fund

-STATUTE-
    (a) Establishment
      There is hereby established a separate fund in the Treasury of
    the United States to be known as the Lower Colorado River Basin
    Development Fund (hereafter called the "development fund"), which
    shall remain available until expended as hereafter provided.
    (b) Appropriations
      (1) All appropriations made for the purpose of carrying out the
    provisions of subchapter III of this chapter shall be credited to
    the development fund as advances from the general fund of the
    Treasury, and shall be available for such purpose.
      (2) Except as provided in section 1528(b) of this title, sums
    advanced by non-Federal entities for the purpose of carrying out
    the provisions of subchapter III of this chapter shall be credited
    to the development fund and shall be available without further
    appropriation for such purpose.
    (c) Revenues credited to fund
      There shall also be credited to the development fund - 
        (1) all revenues collected in connection with the operation of
      facilities authorized in subchapter III of this chapter in
      furtherance of the purposes of this chapter (except entrance,
      admission, and other recreation fees or charges and proceeds
      received from recreation concessionaires), until completion of
      repayment requirements of the Central Arizona project;
        (2) any Federal revenues from the Boulder Canyon and Parker-
      Davis projects which, after completion of repayment requirements
      of the said Boulder Canyon and Parker-Davis projects, are
      surplus, as determined by the Secretary, to the operation,
      maintenance, and replacement requirements of those projects:
      Provided, however, That for the Boulder Canyon project commencing
      June 1, 1987, and for the Parker-Davis project commencing June 1,
      2005, and until the end of the repayment period for the Central
      Arizona project described in section 1521(a) of this title, the
      Secretary of Energy shall provide for surplus revenues by
      including the equivalent of 4 1/2  mills per kilowatthour in the
      rates charged to purchasers in Arizona for application to the
      purposes specified in subsection (f) of this section and by
      including the equivalent 2 1/2  mills per kilowatthour in the
      rates charged to purchasers in California and Nevada for
      application to the purposes of subsection (g) of this section as
      amended and supplemented: Provided further, That after the
      repayment period for said Central Arizona project, the equivalent
      of 2 1/2  mills per kilowatthour shall be included by the
      Secretary of Energy in the rates charged to purchasers in
      Arizona, California, and Nevada to provide revenues for
      application to the purposes of said subsection (g) of this
      section: Provided, however, That the Secretary is authorized and
      directed to continue the in-lieu-of-tax payments to the States of
      Arizona and Nevada provided for in section 618a(c) of this title
      so long as revenues accrue from the operation of the Boulder
      Canyon project; and
        (3) any Federal revenues from that portion of the Pacific
      Northwest-Pacific Southwest intertie located in the States of
      Nevada and Arizona which, after completion of repayment
      requirements of the said part of the Pacific Northwest-Pacific
      Southwest intertie located in the States of Nevada and Arizona,
      are surplus, as determined by the Secretary, to the operation,
      maintenance, and replacement requirements of said portion of the
      Pacific Northwest-Pacific Southwest intertie and related
      facilities.
    (d) Use of revenue funds
      All moneys collected and credited to the development fund
    pursuant to subsection (b) and clauses (1) and (3) of subsection
    (c) of this section and the portion of revenues derived from the
    sale of power and energy for use in Arizona pursuant to clause (2)
    of subsection (c) of this section shall be available, without
    further appropriation, for - 
        (1) defraying the costs of operation, maintenance, and
      replacements of, and emergency expenditures for, all facilities
      of the projects, within such separate limitations as may be
      included in annual appropriation Acts; and
        (2) payments to reimburse water users in the State of Arizona
      for losses sustained as a result of diminution of the production
      of hydroelectric power at Coolidge Dam, Arizona, resulting from
      exchanges of water between users in the States of Arizona and New
      Mexico as set forth in section 1524(f) of this title.
    (e) Appropriation by Congress required for construction of works
      Except as provided in subsection (f) of this section, revenues
    credited to the development fund shall not be available for
    construction of the works comprised within any unit of the project
    herein or hereafter authorized except upon appropriation by the
    Congress.
    (f) Additional uses of revenue funds
      (1) Crediting against Central Arizona Water Conservation District
        payments
        Funds credited to the development fund pursuant to subsection
      (b) of this section and paragraphs (1) and (3) of subsection (c)
      of this section, the portion of revenues derived from the sale of
      power and energy for use in the State of Arizona pursuant to
      subsection (c)(2) of this section in excess of the amount
      necessary to meet the requirements of paragraphs (1) and (2) of
      subsection (d) of this section, and any annual payment by the
      Central Arizona Water Conservation District to effect repayment
      of reimbursable Central Arizona Project construction costs, shall
      be credited annually against the annual payment owed by the
      Central Arizona Water Conservation District to the United States
      for the Central Arizona Project.
      (2) Further use of revenue funds credited against payments of
        Central Arizona Water Conservation District
        After being credited in accordance with paragraph (1), the
      funds and portion of revenues described in that paragraph shall
      be available annually, without further appropriation, in order of
      priority - 
          (A) to pay annually the fixed operation, maintenance, and
        replacement charges associated with the delivery of Central
        Arizona Project water held under long-term contracts for use by
        Arizona Indian tribes (as defined in section 2 of the Arizona
        Water Settlements Act) in accordance with clause 8(d)(i)(1)(i)
        of the Repayment Stipulation (as defined in section 2 of the
        Arizona Water Settlements Act);
          (B) to make deposits, totaling $53,000,000 in the aggregate,
        in the Gila River Indian Community Water OM&R Trust Fund
        established by section 208 of the Arizona Water Settlements
        Act;
          (C) to pay $147,000,000 for the rehabilitation of the San
        Carlos Irrigation Project, of which not more than $25,000,000
        shall be available annually consistent with attachment 6.5.1 of
        exhibit 20.1 of the Gila River agreement, except that the total
        amount of $147,000,000 shall be increased or decreased, as
        appropriate, based on ordinary fluctuations since January 1,
        2000, in construction cost indices applicable to the types of
        construction involved in the rehabilitation;
          (D) in addition to amounts made available for the purpose
        through annual appropriations, as reasonably allocated by the
        Secretary without regard to any trust obligation on the part of
        the Secretary to allocate the funding under any particular
        priority and without regard to priority (except that payments
        required by clause (i) shall be made first) - 
            (i) to make deposits totaling $66,000,000, adjusted to
          reflect changes since January 1, 2004, in the construction
          cost indices applicable to the types of construction involved
          in construction of the New Mexico Unit, into the New Mexico
          Unit Fund as provided by section 212(i) of the Arizona Water
          Settlements Act in 10 equal annual payments beginning in
          2012;
            (ii) upon satisfaction of the conditions set forth in
          subsections (j) and (k) of section 212, to pay certain of the
          costs associated with construction of the New Mexico Unit, in
          addition to any amounts that may be expended from the New
          Mexico Unit Fund, in a minimum amount of $34,000,000 and a
          maximum amount of $62,000,000, as provided in section 212 of
          the Arizona Water Settlements Act, as adjusted to reflect
          changes since January 1, 2004, in the construction cost
          indices applicable to the types of construction involved in
          construction of the New Mexico Unit;
            (iii) to pay the costs associated with the construction of
          distribution systems required to implement the provisions of -
           
              (I) the contract entered into between the United States
            and the Gila River Indian Community, numbered 6-07-03-
            W0345, and dated July 20, 1998;
              (II) section 3707(a)(1) of the San Carlos Apache Tribe
            Water Rights Settlement Act of 1992 (106 Stat. 4747); and
              (III) section 304 of the Southern Arizona Water Rights
            Settlement Amendments Act of 2004;

            (iv) to pay $52,396,000 for the rehabilitation of the San
          Carlos Irrigation Project as provided in section 203(d)(4) of
          the Arizona Water Settlements Act, of which not more than
          $9,000,000 shall be available annually, except that the total
          amount of $52,396,000 shall be increased or decreased, as
          appropriate, based on ordinary fluctuations since January 1,
          2000, in construction cost indices applicable to the types of
          construction involved in the rehabilitation;
            (v) to pay other costs specifically identified under - 
              (I) sections 213(g)(1) and 214 of the Arizona Water
            Settlements Act; and
              (II) the Southern Arizona Water Rights Settlement
            Amendments Act of 2004;

            (vi) to pay a total of not more than $250,000,000 to the
          credit of the Future Indian Water Settlement Subaccount of
          the Lower Colorado Basin Development Fund, for use for Indian
          water rights settlements in Arizona approved by Congress
          after the date of enactment of this Act, subject to the
          requirement that, notwithstanding any other provision of this
          chapter, any funds credited to the Future Indian Water
          Settlement Subaccount that are not used in furtherance of a
          congressionally approved Indian water rights settlement in
          Arizona by December 31, 2030, shall be returned to the main
          Lower Colorado Basin Development Fund for expenditure on
          authorized uses pursuant to this chapter, provided that any
          interest earned on funds held in the Future Indian Water
          Settlement Subaccount shall remain in such subaccount until
          disbursed or returned in accordance with this section;
            (vii) to pay costs associated with the installation of
          gages on the Gila River and its tributaries to measure the
          water level of the Gila River and its tributaries for
          purposes of the New Mexico Consumptive Use and Forbearance
          Agreement in an amount not to exceed $500,000; and
            (viii) to pay the Secretary's costs of implementing the
          Central Arizona Project Settlement Act of 2004;

          (E) in addition to amounts made available for the purpose
        through annual appropriations - 
            (i) to pay the costs associated with the construction of on-
          reservation Central Arizona Project distribution systems for
          the Yavapai Apache (Camp Verde), Tohono O'odham Nation (Sif
          Oidak District), Pascua Yaqui, and Tonto Apache tribes; and
            (ii) to make payments to those tribes in accordance with
          paragraph 8(d)(i)(1)(iv) of the repayment stipulation (as
          defined in section 2 of the Arizona Water Settlements Act),
          except that if a water rights settlement Act of Congress
          authorizes such construction, payments to those tribes shall
          be made from funds in the Future Indian Water Settlement
          Subaccount; and

          (F) if any amounts remain in the development fund at the end
        of a fiscal year, to be carried over to the following fiscal
        year for use for the purposes described in subparagraphs (A)
        through (E).
      (3) Revenue funds in excess of revenue funds credited against
        Central Arizona Water Conservation District payments
        The funds and portion of revenues described in paragraph (1)
      that are in excess of amounts credited under paragraph (1) shall
      be available, on an annual basis, without further appropriation,
      in order of priority - 
          (A) to pay annually the fixed operation, maintenance and
        replacement charges associated with the delivery of Central
        Arizona Project water under long-term contracts held by Arizona
        Indian tribes (as defined in section 2 of the Arizona Water
        Settlements Act);
          (B) to make the final outstanding annual payment for the
        costs of each unit of the projects authorized under subchapter
        III of this chapter that are to be repaid by the Central
        Arizona Water Conservation District;
          (C) to reimburse the general fund of the Treasury for fixed
        operation, maintenance, and replacement charges previously paid
        under paragraph (2)(A);
          (D) to reimburse the general fund of the Treasury for costs
        previously paid under subparagraphs (B) through (E) of
        paragraph (2);
          (E) to pay to the general fund of the Treasury the annual
        installment on any debt relating to the Central Arizona Project
        under section 485h(d) of this title, made nonreimbursable under
        section 106(b) of the Arizona Water Settlements Act;
          (F) to pay to the general fund of the Treasury the difference
        between - 
            (i) the costs of each unit of the projects authorized under
          subchapter III of this chapter that are repayable by the
          Central Arizona Water Conservation District; and
            (ii) any costs allocated to reimbursable functions under
          any Central Arizona Project cost allocation undertaken by the
          United States; and

          (G) for deposit in the general fund of the Treasury.
      (4) Investment of amounts
        (A) In general
          The Secretary of the Treasury shall invest such portion of
        the development fund as is not, in the judgment of the
        Secretary of the Interior, required to meet current needs of
        the development fund.
        (B) Permitted investments
          (i) In general
            Notwithstanding any other provision of law, including any
          provision requiring the consent or concurrence of any party,
          the investments referred to in subparagraph (A) shall include
          1 or more of the following:
              (I) Any investments referred to in the Act of June 24,
            1938 (25 U.S.C. 162a).
              (II) Investments in obligations of government
            corporations and government-sponsored entities whose
            charter statutes provide that their obligations are lawful
            investments for federally managed funds.
              (III) The obligations referred to in section 401 of title
            42.
          (ii) Lawful investments
            For purposes of clause (i), obligations of government
          corporations and government-sponsored entities whose charter
          statutes provide that their obligations are lawful
          investments for federally managed funds includes any of the
          following securities or securities with comparable language
          concerning the investment of federally managed funds:
              (I) Obligations of the United States Postal Service as
            authorized by section 2005 of title 39.
              (II) Bonds and other obligations of the Tennessee Valley
            Authority as authorized by section 831n-4 of title 16.
              (III) Mortgages, obligations, or other securities of the
            Federal Home Loan Mortgage Corporation as authorized by
            section 1452 of title 12.
              (IV) Bonds, notes, or debentures of the Commodity Credit
            Corporation as authorized by section 4 of the Act of March
            4, 1939 (!1) (15 U.S.C. 713a-4).

        (C) Acquisition of obligations
          For the purpose of investments under subparagraph (A),
        obligations may be acquired - 
            (i) on original issue at the issue price; or
            (ii) by purchase of outstanding obligations at the market
          price.
        (D) Sale of obligations
          Any obligation acquired by the development fund may be sold
        by the Secretary of the Treasury at the market price.
        (E) Credits to fund
          The interest on, and the proceeds from the sale or redemption
        of, any obligations held in the development fund shall be
        credited to and form a part of the development fund.
      (5) Amounts not available for certain Federal obligations
        None of the provisions of this section, including paragraphs
      (2)(A) and (3)(A), shall be construed to make any of the funds
      referred to in this section available for the fulfillment of any
      Federal obligation relating to the payment of OM&R charges if
      such obligation is undertaken pursuant to Public Law 95-328,
      Public Law 98-530, or any settlement agreement with the United
      States (or amendments thereto) approved by or pursuant to either
      of those acts.
    (g) Repayment of costs
      All revenues credited to the development fund in accordance with
    subsection (c)(2) of this section (excluding only those revenues
    derived from the sale of power and energy for use in Arizona during
    the payout period of the Central Arizona Project as authorized
    herein) and such other revenues as remain in the development fund
    after making the payments required by subsections (d) and (f) of
    this section shall be available (1) to make payments, if any, as
    required by sections 616aa-1 and 620d-1 of this title, (2) for
    repayment to the general fund of the Treasury the costs of each
    salinity control unit or separable feature thereof (!2) the costs
    of measures to replace incidental fish and wildlife values
    foregone, and the costs of on-farm measures payable from the Lower
    Colorado River Basin Development Fund in accordance with sections
    1595(a)(2), 1595(a)(3), and 1595(b) of this title and (3) upon
    appropriation by the Congress, to assist in the repayment of
    reimbursable costs incurred in connection with units hereafter
    constructed to provide for the augmentation of the water supplies
    of the Colorado River for use below Lee Ferry as may be authorized
    as a result of the investigations and recommendations made pursuant
    to sections 1511 and 1513(a) of this title.

    (h) Interest rate
      The interest rate applicable to those portions of the
    reimbursable costs of each unit of the project which are properly
    allocated to commercial power development and municipal and
    industrial water supply shall be determined by the Secretary of the
    Treasury, as of the beginning of the fiscal year in which the first
    advance is made for initiating construction of such unit, on the
    basis of the computed average interest rate payable by the Treasury
    upon its outstanding marketable public obligations which are
    neither due nor callable for redemption for fifteen years from the
    date of issue.
    (i) Annual budgets; submission to Congress
      Business-type budgets shall be submitted to the Congress annually
    for all operations financed by the development fund.

-SOURCE-
    (Pub. L. 90-537, title IV, Sec. 403, Sept. 30, 1968, 82 Stat. 894;
    Pub. L. 93-320, title II, Sec. 205(b)(2), June 24, 1974, 88 Stat.
    273; Pub. L. 98-381, title I, Sec. 102, Aug. 17, 1984, 98 Stat.
    1333; Pub. L. 98-569, Sec. 4(f)(2), Oct. 30, 1984, 98 Stat. 2939;
    Pub. L. 108-451, title I, Sec. 107(a), (c), Dec. 10, 2004, 118
    Stat. 3493, 3498.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 2, 106, 203, 208, 213, and 214 of the Arizona Water
    Settlements Act, referred to in subsec. (f)(2), (3), are sections 2
    and 106 of title I, and sections 203, 208, 213, and 214 of title
    II, of Pub. L. 108-451, Dec. 10, 2004, 118 Stat. 3479, 3492, 3499,
    3521, 3531, 3534, which are not classified to the Code.
      Section 212 of the Arizona Water Settlements Act, referred to in
    subsec. (f)(2)(D)(i), (ii), is section 212 of Pub. L. 108-451,
    title II, Dec. 10, 2004, 118 Stat. 3527, which is not classified to
    the Code except for section 212(d), which amended section 1524 of
    this title.
      Section 3707(a)(1) of the San Carlos Apache Tribe Water Rights
    Settlement Act of 1992, referred to in subsec. (f)(2)(D)(iii)(II),
    is section 3707(a)(1) of title XXXVII of Pub. L. 102-575, Oct. 30,
    1992, 106 Stat. 4747, which is not classified to the Code.
      The Southern Arizona Water Rights Settlement Amendments Act of
    2004, referred to in subsec. (f)(2)(D)(iii)(III), (v)(II), is title
    III of Pub. L. 108-451, Dec. 10, 2004, 118 Stat. 3535, which is not
    classified to the Code.
      The date of enactment of this Act, referred to in subsec.
    (f)(2)(D)(vi), probably means the date of enactment of Pub. L. 108-
    451, which enacted a new subsec. (f) of this section and was
    approved Dec. 10, 2004.
      The Central Arizona Project Settlement Act of 2004, referred to
    in subsec. (f)(2)(D)(viii), is title I of Pub. L. 108-451, Dec. 10,
    2004, 118 Stat. 3486. For complete classification of this Act to
    the Code, see Short Title of 2004 Amendment note set out under
    section 1501 of this title and Tables.
      Act of June 24, 1938, referred to in subsec. (f)(4)(B)(i)(I), is
    act June 24, 1938, ch. 648, 52 Stat. 1037, as amended, which
    enacted section 162a of Title 25, Indians, repealed section 162 of
    Title 25, and enacted provisions set out as a note under section
    162a of Title 25. For complete classification of this Act to the
    Code, see Tables.
      Section 4 of the Act of March 4, 1939, referred to in subsec.
    (f)(4)(B)(ii)(IV), probably should be a reference to section 4 of
    act March 8, 1938, as amended by act March 4, 1939, which is
    classified to section 713a-4 of Title 15, Commerce and Trade.
      Public Law 95-328, referred to in subsec. (f)(5), is Pub. L. 95-
    328, July 28, 1978, 92 Stat. 409, which is not classified to the
    Code.
      Public Law 98-530, referred to in subsec. (f)(5), is Pub. L. 98-
    530, Oct. 19, 1984, 98 Stat. 2698, which is not classified to the
    Code.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (e). Pub. L. 108-451, Sec. 107(c)(2), substituted
    "Except as provided in subsection (f) of this section, revenues"
    for "Revenues".
      Subsec. (f). Pub. L. 108-451, Sec. 107(a), inserted heading and
    text and struck out former text relating to return of costs and
    interest.
      Subsec. (g). Pub. L. 108-451, Sec. 107(c)(1), substituted
    "subsection (c)(2)" for "clause (c)(2)".
      1984 - Subsec. (b). Pub. L. 98-381, Sec. 102(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (c)(1). Pub. L. 98-381, Sec. 102(b), substituted ", until
    completion of repayment requirements of the Central Arizona
    project." for "including revenues which, after completion of payout
    of the Central Arizona Project as required herein are surplus, as
    determined by the Secretary, to the operation, maintenance, and
    replacement requirements of said project;".
      Subsec. (c)(2). Pub. L. 98-381, Sec. 102(c), inserted two
    provisos, the first relating to the inclusion of the equivalent of
    4 1/2  mills per kilowatthour in the rates charged to purchasers in
    Arizona for application to the purposes specified in subsection (f)
    of this section and to the inclusion of the equivalent 2 1/2  mills
    per kilowatthour in the rates charged to purchasers in California
    and Nevada for application to the purposes of subsection (g) of
    this section as amended and supplemented, and the second providing
    that, after the repayment period for said Central Arizona project,
    the equivalent of 2 1/2  mills per kilowatthour shall be included
    by the Secretary of Energy in the rates charged to purchasers in
    Arizona, California, and Nevada to provide revenues for application
    to the purposes of said subsection (g) of this section.
      Subsec. (g). Pub. L. 98-569 inserted "the costs of measures to
    replace incidental fish and wildlife values foregone, and the costs
    of on-farm measures" before "payable from".
      1974 - Subsec. (g). Pub. L. 93-320 added cl. (2). Existing cl.
    (2), authorizing the use of revenues to assist in the repayment of
    reimbursable costs incurred in connection with units constructed
    after Sept. 30, 1968, to provide for the augmentation of water
    supplies of the Colorado River for use below Lee Ferry,
    redesignated (3).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section
    6 of Pub. L. 98-569, set out as a note under section 1591 of this
    title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (i) of this section is listed
    as the 7th item on page 114), see section 3003 of Pub. L. 104-66,
    as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L.
    106-554, set out as notes under section 1113 of Title 31, Money and
    Finance.

                            LIMITATION ON FUNDS                        
      Pub. L. 108-451, title I, Sec. 107(b), Dec. 10, 2004, 118 Stat.
    3498, provided that: "Amounts made available under the amendment
    made by subsection (a) [amending this section] - 
        "(1) shall be identified and retained in the Lower Colorado
      River Basin Development Fund established by section 403 of the
      Colorado River Basin Project Act (43 U.S.C. 1543); and
        "(2) shall not be expended or withdrawn from that fund until
      the later of - 
          "(A) the date on which the findings described in section
        207(c) [118 Stat. 3519] are published in the Federal Register;
        or
          "(B) January 1, 2010."
      [For repeal of section 107(b) of Pub. L. 108-451, set out above,
    effective Jan. 1, 2008, and for provision that any action taken by
    Secretary of the Interior and any contract entered to be void, if
    Secretary does not publish statement of findings under section
    207(c) of Pub. L. 108-451 by Dec. 31, 2007, see section 111(a)(1)
    of Pub. L. 108-451, set out as a note under section 1501 of this
    title.]

         PAYMENT FROM DEVELOPMENT FUND TO GENERAL FUND OF TREASURY     
      Pub. L. 108-447, div. C, title II, Sec. 203, Dec. 8, 2004, 118
    Stat. 2948, provided that:
      "(a) In General. - Notwithstanding section 403(f) of the Colorado
    River Basin Project Act (43 U.S.C. 1543(f)), no amount from the
    Lower Colorado River Basin Development Fund shall be paid to the
    general fund of the Treasury until each provision of the revised
    Stipulation Regarding a Stay and for Ultimate Judgment Upon the
    Satisfaction of Conditions, filed in United States District Court
    on April 24, 2003, in Central Arizona Water Conservation District
    v. United States (No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-OHX-
    EHC (Consolidated Action)), and any amendment or revision thereof,
    is met.
      "(b) Payment to General Fund. - If any of the provisions of the
    stipulation referred to in subsection (a) are not met by the date
    that is 10 years after the date of enactment of this Act [Dec. 8,
    2004], payments to the general fund of the Treasury shall resume in
    accordance with section 403(f) of the Colorado River Basin Project
    Act (43 U.S.C. 1543(f)).
      "(c) Authorization. - Amounts in the Lower Colorado River Basin
    Development Fund that but for this section would be returned to the
    general fund of the Treasury shall not be expended until further
    Act of Congress."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-137, title II, Sec. 205, Dec. 1, 2003, 117 Stat.
    1849.
      Pub. L. 107-66, title II, Sec. 204, Nov. 12, 2001, 115 Stat. 500.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be followed by a comma.

-End-

-CITE-
    43 USC Sec. 1544                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-
    Sec. 1544. Annual report to Congress

-STATUTE-
      On January 1 of each year the Secretary shall report to the
    Congress, beginning with the fiscal year ending June 30, 1969, upon
    the status of the revenues from and the cost of constructing,
    operating, and maintaining each lower basin unit of the project for
    the preceding fiscal year. The report of the Secretary shall be
    prepared to reflect accurately the Federal investment allocated at
    that time to power, to irrigation, and to other purposes, the
    progress of return and repayment thereon, and the estimated rate of
    progress, year by year, in accomplishing full repayment.

-SOURCE-
    (Pub. L. 90-537, title IV, Sec. 404, Sept. 30, 1968, 82 Stat. 896.)

-End-

-CITE-
    43 USC SUBCHAPTER V - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER V - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Sec. 1551                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
    Sec. 1551. Construction of Colorado River Basin Act

-STATUTE-
    (a) Effect on other laws
      Nothing in this chapter shall be construed to alter, amend,
    repeal, modify, or be in conflict with the provisions of the
    Colorado River Compact (45 Stat. 1057), the Upper Colorado River
    Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the
    United Mexican States (Treaty Series 994; 59 Stat. 1219), the
    decree entered by the Supreme Court of the United States in Arizona
    against California and others (376 U.S. 340), or, except as
    otherwise provided herein, the Boulder Canyon Project Act (45 Stat.
    1057) [43 U.S.C. 617 et seq.], the Boulder Canyon Project
    Adjustment Act (54 Stat. 774), [43 U.S.C. 618 et seq.], or the
    Colorado River Storage Project Act (70 Stat. 105) [43 U.S.C. 620 et
    seq.].
    (b) Reports to Congress
      The Secretary is directed to - 
        (1) make reports as to the annual consumptive uses and losses
      of water from the Colorado River system after each successive
      five-year period, beginning with the five-year period starting on
      October 1, 1970. Such reports shall include a detailed breakdown
      of the beneficial consumptive use of water on a State-by-State
      basis. Specific figures on quantities consumptively used from the
      major tributary streams flowing into the Colorado River shall
      also be included on a State-by-State basis. Such reports shall be
      prepared in consultation with the States of the lower basin
      individually and with the Upper Colorado River Commission, and
      shall be transmitted to the President, the Congress, and to the
      Governors of each State signatory to the Colorado River Compact;
      and
        (2) condition all contracts for the delivery of water
      originating in the drainage basin of the Colorado River system
      upon the availability of water under the Colorado River Compact.
    (c) Compliance of Federal officers and agencies
      All Federal officers and agencies are directed to comply with the
    applicable provisions of this chapter, and of the laws, treaty,
    compacts, and decree referred to in subsection (a) of this section,
    in the storage and release of water from all reservoirs and in the
    operation and maintenance of all facilities in the Colorado River
    system under the jurisdiction and supervision of the Secretary, and
    in the operation and maintenance of all works which may be
    authorized hereafter for the augmentation of the water supply of
    the Colorado River system. In the event of failure of any such
    officer or agency to so comply, any affected State may maintain an
    action to enforce the provisions of this section in the Supreme
    Court of the United States and consent is given to the joinder of
    the United States as a party in such suit or suits, as a defendant
    or otherwise.

-SOURCE-
    (Pub. L. 90-537, title VI, Sec. 601, Sept. 30, 1968, 82 Stat. 899.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (c), was in the
    original "this Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82
    Stat. 885, as amended, known as the Colorado River Basin Project
    Act, which enacted this chapter and sections 616aa-1, 620a-1, 620a-
    2, 620c-1, and 620d-1 of this title, amended sections 616hh, 620,
    and 620a of this title, and enacted provisions set out as notes
    under sections 620, 620k, and 1501 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1501 of this title and Tables.
      The Boulder Canyon Project Act, referred to in subsec. (a), is
    act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is
    classified generally to subchapter I (Sec. 617 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in subsec.
    (a), is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which
    is classified generally to subchapter II (Sec. 618 et seq.) of
    chapter 12A of this title. For complete classification of this Act
    to the Code, see section 618o of this title and Tables.
      The Colorado River Storage Project Act, referred to in subsec.
    (a), is act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which
    is classified generally to chapter 12B (Sec. 620 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 620 of this title and
    Tables.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (b)(1) of this section relating to the requirement that the
    Secretary transmit a report to Congress every five years, see
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance, and the 9th item on
    page 114 of House Document No. 103-7.

-End-

-CITE-
    43 USC Sec. 1552                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
    Sec. 1552. Criteria for long-range operation of reservoirs

-STATUTE-
    (a) Promulgation by Secretary; order of priorities
      In order to comply with and carry out the provisions of the
    Colorado River Compact, the Upper Colorado River Basin Compact, and
    the Mexican Water Treaty, the Secretary shall propose criteria for
    the coordinated long-range operation of the reservoirs constructed
    and operated under the authority of the Colorado River Storage
    Project Act [43 U.S.C. 620 et seq.], the Boulder Canyon Project Act
    [43 U.S.C. 617 et seq.], and the Boulder Canyon Project Adjustment
    Act [43 U.S.C. 618 et seq.]. To effect in part the purposes
    expressed in this paragraph, the criteria shall make provision for
    the storage of water in storage units of the Colorado River storage
    project and releases of water form Lake Powell in the following
    listed order of priority:
        (1) releases to supply one-half the deficiency described in
      article III(c) of the Colorado River Compact, if any such
      deficiency exists and is chargeable to the States of the Upper
      Division, but in any event such releases, if any, shall not be
      required in any year that the Secretary makes the determination
      and issues the proclamation specified in section 1512 of this
      title;
        (2) releases to comply with article III(d) of the Colorado
      River Compact, less such quantities of water delivered into the
      Colorado River below Lee Ferry to the credit of the States of the
      Upper Division from other sources; and
        (3) storage of water not required for the releases specified in
      clauses (1) and (2) of this subsection to the extent that the
      Secretary, after consultation with the Upper Colorado River
      Commission and representatives of the three Lower Division States
      and taking into consideration all relevant factors (including,
      but not limited to, historic stream-flows, the most critical
      period of record, and probabilities of water supply), shall find
      this to be reasonably necessary to assure deliveries under
      clauses (1) and (2) without impairment of annual consumptive uses
      in the upper basin pursuant to the Colorado River Compact:
      Provided, That water not so required to be stored shall be
      released from Lake Powell: (i) to the extent it can be reasonably
      applied in the States of the Lower Division to the uses specified
      in article III(e) of the Colorado River Compact, but no such
      releases shall be made when the active storage in Lake Powell is
      less than the active storage in Lake Mead, (ii) to maintain, as
      nearly as practicable, active storage in Lake Mead equal to the
      active storage in Lake Powell, and (iii) to avoid anticipated
      spills from Lake Powell.
    (b) Submittal of criteria for review and comment; publication;
      report to Congress
      Not later than January 1, 1970, the criteria proposed in
    accordance with the foregoing subsection (a) of this section shall
    be submitted to the Governors of the seven Colorado River Basin
    States and to such other parties and agencies as the Secretary may
    deem appropriate for their review and comment. After receipt of
    comments on the proposed criteria, but not later than July 1, 1970,
    the Secretary shall adopt appropriate criteria in accordance with
    this section and publish the same in the Federal Register.
    Beginning January 1, 1972, and yearly thereafter, the Secretary
    shall transmit to the Congress and to the Governors of the Colorado
    River Basin States a report describing the actual operation under
    the adopted criteria for the preceding compact water year and the
    projected operation for the current year. As a result of actual
    operating experience or unforeseen circumstances, the Secretary may
    thereafter modify the criteria to better achieve the purposes
    specified in subsection (a) of this section, but only after
    correspondence with the Governors of the seven Colorado River Basin
    States and appropriate consultation with such State representatives
    as each Governor may designate.
    (c) Powerplant operations
      Section 7 of the Colorado River Storage Project Act [43 U.S.C.
    620f] shall be administered in accordance with the foregoing
    criteria.

-SOURCE-
    (Pub. L. 90-537, title VI, Sec. 602, Sept. 30, 1968, 82 Stat. 900.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Colorado River Storage Project Act, referred to in subsec.
    (a), is act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which
    is classified generally to chapter 12B (Sec. 620 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 620 of this title and
    Tables.
      The Boulder Canyon Project Act, referred to in subsec. (a), is
    act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is
    classified generally to subchapter I (Sec. 617 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in subsec.
    (a), is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which
    is classified generally to subchapter II (Sec. 618 et seq.) of
    chapter 12A of this title. For complete classification of this Act
    to the Code, see section 618o of this title and Tables.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (b) of this section relating to the requirement that the Secretary
    transmit an annual report to Congress, see section 3003 of Pub. L.
    104-66, as amended, set out as a note under section 1113 of Title
    31, Money and Finance, and the 3rd item on page 113 of House
    Document No. 103-7.

-End-

-CITE-
    43 USC Sec. 1553                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
    Sec. 1553. Upper Colorado River Basin; rights to consumptive uses
      not to be reduced or prejudiced; duties and powers of Commission
      not impaired

-STATUTE-
      (a) Rights of the upper basin to the consumptive use of water
    available to that basin from the Colorado River system under the
    Colorado River Compact shall not be reduced or prejudiced by any
    use of such water in the lower basin.
      (b) Nothing in this chapter shall be construed so as to impair,
    conflict with, or otherwise change the duties and powers of the
    Upper Colorado River Commission.

-SOURCE-
    (Pub. L. 90-537, title VI, Sec. 603, Sept. 30, 1968, 82 Stat. 901.)

-End-

-CITE-
    43 USC Sec. 1554                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
    Sec. 1554. Federal reclamation laws

-STATUTE-
      Except as otherwise provided in this chapter, in constructing,
    operating, and maintaining the units of the projects herein and
    hereafter authorized, the Secretary shall be governed by the
    Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and
    Acts amendatory thereof or supplementary thereto) to which laws
    this chapter shall be deemed a supplement.

-SOURCE-
    (Pub. L. 90-537, title VI, Sec. 604, Sept. 30, 1968, 82 Stat. 901.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902, referred to in text, is popularly known as
    the Reclamation Act, which is classified generally to chapter 12
    (Sec. 371 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    371 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 1555                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
    Sec. 1555. Federal Power Act inapplicable to Colorado River between
      Hoover Dam and Glen Canyon Dam

-STATUTE-
      Part I of the Federal Power Act [16 U.S.C. 791a et seq.] shall
    not be applicable to the reaches of the main stream of the Colorado
    River between Hoover Dam and Glen Canyon Dam until and unless
    otherwise provided by Congress.

-SOURCE-
    (Pub. L. 90-537, title VI, Sec. 605, Sept. 30, 1968, 82 Stat. 901.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in text, is act June 10, 1920,
    ch. 285, 41 Stat. 1063, as amended. Part I of the Federal Power Act
    is classified generally to subchapter I (Sec. 791a et seq.) of
    chapter 12 of Title 16, Conservation. For complete classification
    of this Act to the Code, see section 791a of Title 16 and Tables.

-End-

-CITE-
    43 USC Sec. 1556                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32 - COLORADO RIVER BASIN PROJECT
    SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
    Sec. 1556. Definitions

-STATUTE-
      As used in this chapter, (a) all terms which are defined in the
    Colorado River Compact shall have the meanings therein defined;
      (b) "Main stream" means the main stream of the Colorado River
    downstream from Lee Ferry within the United States, including the
    reservoirs thereon;
      (c) "User" or "water user" in relation to main stream water in
    the lower basin means the United States or any person or legal
    entity entitled under the decree of the Supreme Court of the United
    States in Arizona against California, and others (376 U.S. 340), to
    use main stream water when available thereunder;
      (d) "Active storage" means that amount of water in reservoir
    storage, exclusive of bank storage, which can be released through
    the existing reservoir outlet works;
      (e) "Colorado River Basin States" means the States of Arizona,
    California, Colorado, Nevada, New Mexico, Utah, and Wyoming;
      (f) "Western United States" means those States lying wholly or in
    part west of the Continental Divide; and
      (g) "Augment" or "augmentation", when used herein with reference
    to water, means to increase the supply of the Colorado River or its
    tributaries by the introduction of water into the Colorado River
    system, which is in addition to the natural supply of the system.

-SOURCE-
    (Pub. L. 90-537, title VI, Sec. 606, Sept. 30, 1968, 82 Stat. 901.)

-End-

-CITE-
    43 USC CHAPTER 32A - COLORADO RIVER BASIN SALINITY
           CONTROL                                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

-HEAD-
            CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL        

-MISC1-
           SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM       
    Sec.                                                     
    1571.       Water quality improvement.                            
                  (a)  Authority to proceed with program.             
                  (b)  Desalting complexes and plants.                
                  (c)  Replacement water studies.                     
                  (d)  Advancement of funds for that portion of bypass
                        drain within Mexico.                          
                  (e)  Desalted water exchange.                       
                  (f)  Return flow reduction.                         
                  (g)  Disposal of acquired lands.                    
                  (h)  Assistance to water users for installation of
                        system improvements.                          
                  (i)  Contract amendment.                            
                  (j)  Acquisition of land for storage.               
                  (k)  Transfer of funds.                             
                  (l)  Nonreimbursable costs.                         
    1572.       Canal or canal lining.                                
                  (a)  Authorization of construction.                 
                  (b)  Repayment.                                     
                  (c)  Acquisition of private lands.                  
                  (d)  Credit to Imperial Irrigation District against
                        final payments for relinquished capacity in
                        Coachella Canal.                              
                  (e)  Transfer of lands to Cocopah Tribe of Indians. 
    1573.       Construction and maintenance of well fields; land
                 acquisition; land replacement; nonreimbursable costs.
    1574.       Modification of projects.                             
    1575.       Contract authority.                                   
    1575a.      Administration and disposition of lands and
                 constructed facilities; revenues credited to general
                 fund of Treasury.                                    
    1576.       Interagency cooperation.                              
    1577.       Existing Federal laws not modified.                   
    1578.       Authorization of appropriations.                      
    1579.       Fish and wildlife habitat; mitigation of losses.      
    1580.       Definitions.                                          

            SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM        
    1591.       Salinity control policy.                              
                  (a)  Implementation by Secretary of the Interior.   
                  (b)  Expeditious investigation, planning, and
                        implementation of salinity control program.   
                  (c)  Cooperation with other Federal agencies.       
    1592.       Authorization to construct, operate, and maintain
                 salinity control units and salinity control program. 
                  (a)  Authority of Secretary.                        
                  (b)  Implementation of authorized units.            
                  (c)  Salinity control measures.                     
    1593.       Planning reports; research and demonstration projects.
    1594.       Colorado River Basin Salinity Control Advisory
                 Council.                                             
    1595.       Salinity control units; authority and functions of
                 Secretary of the Interior.                           
                  (a)  Allocation of costs.                           
                  (b)  Costs payable from Lower Colorado River Basin
                        Development Fund.                             
                  (c)  Costs payable from Upper Colorado River Basin
                        Fund.                                         
                  (d)  Omitted.                                       
                  (e)  Upward adjustment of rates for electrical
                        energy.                                       
                  (f)  Funds.                                         
    1596.       Biennial report to President, Congress, and Advisory
                 Council.                                             
    1597.       Construction of provisions of subchapter.             
    1598.       Achieving project objectives.                         
                  (a)  Modification of projects.                      
                  (b)  Contract authority; authorization of
                        appropriations.                               
                  (c)  Implementation of basinwide salinity control
                        program.                                      
    1599.       Definitions.                                          

-End-

-CITE-
    43 USC SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL
           DAM                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
           SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM       

-End-

-CITE-
    43 USC Sec. 1571                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1571. Water quality improvement

-STATUTE-
    (a) Authority to proceed with program
      The Secretary of the Interior, hereinafter referred to as the
    "Secretary", is authorized and directed to proceed with a program
    of works of improvement for the enhancement and protection of the
    quality of water available in the Colorado River for use in the
    United States and the Republic of Mexico, and to enable the United
    States to comply with its obligations under the agreement with
    Mexico of August 30, 1973 (Minute No. 242 of the International
    Boundary and Water Commission, United States and Mexico), concluded
    pursuant to the Treaty of February 3, 1944 (TS 994), in accordance
    with the provisions of this chapter.
    (b) Desalting complexes and plants
      (1) The Secretary is authorized to construct, operate, and
    maintain a desalting complex, including (1) a desalting plant to
    reduce the salinity of drain water from the Wellton-Mohawk division
    of the Gila project, Arizona (hereinafter referred to as the
    division), including a pretreatment plant for settling, softening,
    and filtration of the drain water to be desalted; (2) the necessary
    appurtenant works including the intake pumping plant system,
    product waterline, power transmission facilities, and permanent
    operating facilities; (3) the necessary extension in the United
    States and Mexico of the existing bypass drain to carry the reject
    stream from the desalting plant and other drainage waters to the
    Santa Clara Slough in Mexico, with the part in Mexico, subject to
    arrangements made pursuant to subsection (d) of this section; (4)
    replacement of the metal flume in the existing main outlet drain
    extension with a concrete siphon; (5) reduction of the quantity of
    irrigation return flows through acquisition of lands to reduce the
    size of the division, and irrigation efficiency improvements to
    minimize return flows; (6) acquire on behalf of the United States
    such lands or interest in lands in the Painted Rock Reservoir as
    may be necessary to operate the project in accordance with the
    obligations of Minute No. 242, and (7) all associated facilities
    including roads, railroad spur, and transmission lines.
      (2)(A) The desalting plant shall be designed to treat
    approximately one hundred and twenty-nine million gallons a day of
    drain water using advanced technology commercially available. The
    plant shall effect recovery initially of not less than 70 per
    centum of the drain water as product water, and shall effect
    reduction of not less than 90 per centum of the dissolved solids in
    the feed water. The Secretary shall use sources of electric power
    supply for the desalting complex that will not diminish the supply
    of power to preference customers from Federal power systems
    operated by the Secretary.
      (B) The Secretary is authorized to use electrical power and
    energy available from the Navajo Generating Station which is in
    excess of the Central Arizona Project pumping requirements for the
    purpose of supplying power and energy requirements of the desalting
    plant and protective pumping well field constructed pursuant to
    this subchapter: Provided, That revenues credited to the Lower
    Colorado River Basin Development Fund shall not be diminished below
    those amounts which would have accrued had the power been marketed
    at the rate determined by the Secretary of Energy for the sale of
    power from the Navajo Generating Station to utilities and public
    entities, as a result of the use of power and energy for the
    desalting, protective pumping works, and other uses authorized by
    law, and that power and energy from the Navajo Generating Station
    shall be used first to meet the pumping requirements of the Central
    Arizona Project and after those needs have been met, for the
    desalting and protective pumping facilities constructed pursuant to
    this subchapter, and finally for other uses: Provided further, That
    prior to obtaining power from the Navajo Generating Station under
    the authority of this subsection, the Secretary shall complete an
    analysis of alternative sources of supply, including but not
    limited to the possibility of developing an agreement with the
    Republic of Mexico whereby the United States (or a non-Federal
    entity) would enter into contractual arrangements with Mexico for a
    sufficient supply of power to operate the desalting plant, the
    regulatory pumping fields and appurtenant facilities.
      (C) Effective October 1, 1979, and to such extent and in such
    amounts as are provided in advance in appropriation Acts, the
    Secretary of the Interior is authorized to purchase supplemental
    power and energy as required for the purposes of supplying the
    power and energy requirements of the desalting plant and protective
    pumping well field.
    (c) Replacement water studies
      Replacement of the reject stream from the desalting plant,
    Colorado River waters used for the mitigation of fish and wildlife
    habitat losses and of any Wellton-Mohawk drainage water bypassed to
    the Santa Clara Slough to accomplish essential operation except at
    such times when there exists surplus water of the Colorado River
    under the terms of the Mexican Water Treaty of 1944, is recognized
    as a national obligation as provided in section 1512 of this title.
    Studies to identify feasible measures to provide adequate
    replacement water shall be completed not later than June 30, 1980.
    Said studies shall be limited to potential sources within the
    States of Arizona, California, Colorado, New Mexico, and those
    portions of Nevada, Utah, and Wyoming which are within the natural
    drainage basin of the Colorado River. Measures found necessary to
    replace the reject stream from the desalting plant, Colorado River
    waters used for the mitigation of fish and wildlife habitat losses
    and any Wellton-Mohawk drainage bypassed to the Santa Clara Slough
    to accomplish essential operations may be undertaken independently
    of the national obligation set forth in section 1512 of this title.
    (d) Advancement of funds for that portion of bypass drain within
      Mexico
      The Secretary is hereby authorized to advance funds to the United
    States section, International Boundary and Water Commission (IBWC),
    for construction, operation, and maintenance by Mexico pursuant to
    Minute No. 242 of that portion of the bypass drain within Mexico.
    Such funds shall be transferred to an appropriate Mexican agency,
    under arrangements to be concluded by the IBWC providing for the
    construction, operation, and maintenance of such facility by
    Mexico.
    (e) Desalted water exchange
      Any desalted water not needed for the purposes of this subchapter
    may be exchanged at prices and under terms and conditions
    satisfactory to the Secretary and the proceeds therefrom shall be
    deposited in the General Fund of the Treasury. The city of Yuma,
    Arizona, shall have first right of refusal to any such water.
    (f) Return flow reduction
      For the purpose of reducing the return flows from the division to
    one hundred and seventy-five thousand acre-feet or less, annually,
    the Secretary is authorized to:
        (1) Accelerate the cooperative program of Irrigation Management
      Services with the Wellton-Mohawk Irrigation and Drainage
      District, hereinafter referred to as the district, for the
      purpose of improving irrigation efficiency. The district shall
      bear its share of the cost of such program as determined by the
      Secretary.
        (2) Acquire by purchase or through eminent domain or exchange,
      to the extent determined by him to be appropriate, lands or
      interests in lands to reduce the existing seventy-five thousand
      developed and undeveloped irrigable acres authorized by the Act
      of July 30, 1947 (61 Stat. 628), known as the Gila
      Reauthorization Act [43 U.S.C. 613 et seq.]. The initial
      reduction in irrigable acreage shall be limited to approximately
      ten thousand acres. If the Secretary determines that the
      irrigable acreage of the division must be reduced below sixty-
      five thousand acres of irrigable lands to carry out the purpose
      of this section, the Secretary is authorized, with the consent of
      the district, to acquire additional lands, as may be deemed by
      him to be appropriate.
    (g) Disposal of acquired lands
      The Secretary is authorized to dispose of the acquired lands and
    interests therein on terms and conditions satisfactory to him and
    meeting the objective of this chapter.
    (h) Assistance to water users for installation of system
      improvements
      The Secretary is authorized, either in conjunction with or in
    lieu of land acquisition, to assist water users in the division in
    installing system improvements, such as ditch lining, change of
    field layouts, automatic equipment, sprinkler systems and bubbler
    systems, as a means of increasing irrigation efficiencies:
    Provided, however, That all costs associated with the improvements
    authorized herein and allocated to the water users on the basis of
    benefits received, as determined by the Secretary, shall be
    reimbursed to the United States in amounts and on terms and
    conditions satisfactory to the Secretary.
    (i) Contract amendment
      The Secretary is authorized to amend the contract between the
    United States and the district dated March 4, 1952, as amended, to
    provide that - 
        (1) the portion of the existing repayment obligation owing to
      the United States allocable to irrigable acreage eliminated from
      the division for the purposes of this subchapter, as determined
      by the Secretary, shall be nonreimbursable; and
        (2) if deemed appropriate by the Secretary, the district shall
      be given credit against its outstanding repayment obligation to
      offset any increase in operation and maintenance assessments per
      acre which may result from the district's decreased operation and
      maintenance base, all as determined by the Secretary.
    (j) Acquisition of land for storage
      The Secretary is authorized to acquire through the Corps of
    Engineers fee title to, or other necessary interests in, additional
    lands above the Painted Rock Dam in Arizona that are required for
    the temporary storage capacity needed to permit operation of the
    dam and reservoir in times of serious flooding in accordance with
    the obligations of the United States under Minute No. 242. No funds
    shall be expended for acquisition of land or interests therein
    until it is finally determined by a Federal court of competent
    jurisdiction that the Corps of Engineers presently lacks legal
    authority to use said lands for this purpose. Nothing contained in
    this subchapter nor any action taken pursuant to it shall be deemed
    to be a recognition or admission of any obligation to the owners of
    such land on the part of the United States or a limitation or
    deficiency in the rights or powers of the United States with
    respect to such lands or the operation of the reservoir.
    (k) Transfer of funds
      To the extent desirable to carry out subsections (f)(1) and (h)
    of this section, the Secretary may transfer funds to the Secretary
    of Agriculture as may be required for technical assistance to
    farmers, conduct of research and demonstrations, and such related
    investigations as are required to achieve higher on-farm irrigation
    efficiencies.
    (l) Nonreimbursable costs
      All cost associated with the desalting complex shall be
    nonreimbursable except as provided in subsections (f) and (h) of
    this section.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 101, June 24, 1974, 88 Stat. 266;
    Pub. L. 96-336, Secs. 1, 2, Sept. 4, 1980, 94 Stat. 1063.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 30, 1947 (61 Stat. 628), known as the Gila
    Reauthorization Act, referred to in subsec. (f)(2), is act July 30,
    1947, ch. 382, 61 Stat. 628, which was classified generally to
    subchapter XXI (Sec. 613 et seq.) of chapter 12 of this title, and
    was omitted from the Code.

-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b)(2). Pub. L. 96-336, Sec. 1, designated
    existing provisions as subpar. (A), struck out requirement that all
    costs associated with the desalting plant be nonreimbursable, and
    added subpars. (B) and (C).
      Subsec. (c). Pub. L. 96-336, Sec. 2, included replacement water
    studies covering reject stream from the Colorado River waters used
    for the mitigation of fish and wildlife habitat losses.

                                SHORT TITLE                            
      Section 1 of Pub. L. 93-320 provided: "That this Act [enacting
    this chapter and amending sections 620d and 1543 of this title] may
    be cited as the 'Colorado River Basin Salinity Control Act'."

-End-

-CITE-
    43 USC Sec. 1572                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1572. Canal or canal lining

-STATUTE-
    (a) Authorization of construction
      To assist in meeting salinity control objectives of Minute No.
    242 during an interim period, the Secretary is authorized to
    construct a new concrete-lined canal or, to line the presently
    unlined portion of the Coachella Canal of the Boulder Canyon
    project, California, from station 2 plus 26 to the beginning of
    siphon numbered 7, a length of approximately forty-nine miles. The
    United States shall be entitled to temporary use of a quantity of
    water, for the purpose of meeting the salinity control objectives
    of Minute No. 242, during an interim period, equal to the quantity
    of water conserved by constructing or lining the said canal. The
    interim period shall commence on completion of construction or
    lining said canal and shall end the first year that the Secretary
    delivers main stream Colorado River water to California in an
    amount less than the sum of the quantities requested by (1) the
    California agencies under contracts made pursuant to section 617d
    of this title, and (2) Federal establishments to meet their water
    rights acquired in California in accordance with the Supreme Court
    decree in Arizona against California (376 U.S. 340).
    (b) Repayment
      The charges for total construction shall be repayable without
    interest in equal annual installments over a period of forty years
    beginning in the year following completion of construction:
    Provided, That, repayment shall be prorated between the United
    States and the Coachella Valley County Water District, and the
    Secretary is authorized to enter into a repayment contract with
    Coachella Valley County Water District for that purpose. Such
    contract shall provide that annual repayment installments shall be
    nonreimbursable during the interim period, defined in subsection
    (a) of this section and shall provide that after the interim
    period, said annual repayment installments or portions thereof,
    shall be paid by Coachella Valley County Water District.
    (c) Acquisition of private lands
      The Secretary is authorized to acquire by purchase, eminent
    domain, or exchange private lands or interests therein, as may be
    determined by him to be appropriate, within the Imperial Irrigation
    District on the Imperial East Mesa which receive, or which have
    been granted rights to receive, water from Imperial Irrigation
    District's capacity in the Coachella Canal. Costs of such
    acquisitions shall be nonreimbursable and the Secretary shall
    return such lands to the public domain. The United States shall not
    acquire any water rights by reason of this land acquisition.
    (d) Credit to Imperial Irrigation District against final payments
      for relinquished capacity in Coachella Canal
      The Secretary is authorized to credit Imperial Irrigation
    District against its final payments for certain outstanding
    construction charges payable to the United States on account of
    capacity to be relinquished in the Coachella Canal as a result of
    the canal lining program, all as determined by the Secretary:
    Provided, That, relinquishment of capacity shall not affect the
    established basis for allocating operation and maintenance costs of
    the main All-American Canal to existing contractors.
    (e) Transfer of lands to Cocopah Tribe of Indians
      The Secretary is authorized and directed to cede the following
    land to the Cocopah Tribe of Indians, subject to rights-of-way for
    existing levees, to be held in trust by the United States for the
    Cocopah Tribe of Indians:
        Township 9 south, range 25 west of the Gila and Salt River
      meridian, Arizona;
          Section 25: Lots 18, 19, 20, 21, 22, and 23;
          Section 26: Lots 1, 12, 13, 14, and 15;
          Section 27: Lot 3; and all accretion to the above described
        lands.

    The Secretary is authorized and directed to construct three
    bridges, one of which shall be capable of accommodating heavy
    vehicular traffic, over the portion of the bypass drain which
    crosses the reservation of the Cocopah Tribe of Indians. The
    transfer of lands to the Cocopah Indian Reservation and the
    construction of bridges across the bypass drain shall constitute
    full and complete payment to said tribe for the rights-of-way
    required for construction of the bypass drain and electrical
    transmission lines for works authorized by this subchapter.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 102, June 24, 1974, 88 Stat. 268.)

-End-

-CITE-
    43 USC Sec. 1573                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1573. Construction and maintenance of well fields; land
      acquisition; land replacement; nonreimbursable costs

-STATUTE-
      (a) The Secretary is authorized to:
        (1) Construct, operate, and maintain, consistent with Minute
      No. 242, well fields capable of furnishing approximately one
      hundred and sixty thousand acre-feet of water per year for use in
      the United States and for delivery to Mexico in satisfaction of
      the 1944 Mexican Water Treaty.
        (2) Acquire by purchase, eminent domain, or exchange, to the
      extent determined by him to be appropriate, approximately twenty-
      three thousand five hundred acres of lands or interests therein
      with approximately five miles of the Mexican border on the Yuma
      Mesa: Provided, however, That any such lands which are presently
      owned by the State of Arizona may be acquired or exchanged for
      Federal lands.
        (3) Any lands removed from the jurisdiction of the Yuma Mesa
      Irrigation and Drainage District pursuant to clause (2) of this
      subsection which were available for use under the Gila
      Reauthorization Act (61 Stat. 628) [43 U.S.C. 613 et. seq.],
      shall be replaced with like lands within or adjacent to the Yuma
      Mesa division of the project. In the development of these
      substituted lands or any other lands within the Gila project, the
      Secretary may provide for full utilization of the Gila Gravity
      Main Canal in addition to contracted capacities.
        (4) Effective October 1, 1979, and to such extent and in such
      amounts as are provided in advance in appropriation Acts, enter
      into contracts under the terms and conditions of the Act of June
      17, 1902 (43 U.S.C. 371 et seq.) as amended and supplemented for
      the delivery of water from said well field to entities within the
      United States for municipal and industrial or irrigation
      purposes: Provided, That such contracts for municipal and
      industrial purposes shall contain terms and conditions as
      substantially provided in section 485h(c)(1) of this title, and
      that contracts for replacement irrigation water supplies to
      prevent damage to existing water users on privately developed
      lands include water charges no greater than if such water users
      had continued to pump their own wells without the United States
      lowering the water table and that the acreage limitation and
      related provisions of the Reclamation Law [43 U.S.C. 371 et seq.]
      will not be applicable to such privately developed lands:
      Provided further, That no contract shall be entered which will
      impair the ability of the United States to continue to deliver to
      Mexico on the land boundary at San Luis and in the Limitrophe
      Section of the Colorado River downstream from Morelos Dam
      approximately one hundred and forty thousand acre-feet annually,
      consistent with the terms contained in Minute No. 242 of the
      IBWC.

      (b) The cost of work provided for in this section, including
    delivery of water to Mexico, shall be nonreimbursable; except to
    the extent that the waters furnished are used in the United States.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 103, June 24, 1974, 88 Stat. 269;
    Pub. L. 96-336, Sec. 3, Sept. 4, 1980, 94 Stat. 1063.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Gila Reauthorization Act, referred to in subsec. (a)(3), is
    act July 30, 1947, ch. 382, 61 Stat. 628, which was classified
    generally to subchapter XXI (Sec. 613 et seq.) of chapter 12 of
    this title, and was omitted from the Code.
      Act of June 17, 1902 (43 U.S.C. 371 et seq.) as amended and
    supplemented, and the Reclamation Law, referred to in subsec.
    (a)(4), is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,
    popularly known as the Reclamation Act, which is classified
    generally to chapter 12 (Sec. 371 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 371 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (a)(4). Pub. L. 96-336 added par. (4).

-End-

-CITE-
    43 USC Sec. 1574                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1574. Modification of projects

-STATUTE-
      The Secretary is authorized to provide for modifications of the
    projects authorized by this subchapter to the extent he determines
    appropriate for purposes of meeting the international settlement
    objective of this subchapter at the lowest overall cost to the
    United States. No funds for any such modification shall be expended
    until the expiration of sixty days after the proposed modification
    has been submitted to the appropriate committees of the Congress,
    unless the Congress approves an earlier date by concurrent
    resolution. The Secretary shall notify the Governors of the
    Colorado River Basin States of such modifications.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 104, June 24, 1974, 88 Stat. 270.)

-End-

-CITE-
    43 USC Sec. 1575                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1575. Contract authority

-STATUTE-
      The Secretary is authorized to enter into contracts that he deems
    necessary to carry out the provisions of this subchapter in advance
    of the appropriation of funds therefor.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 105, June 24, 1974, 88 Stat. 270.)

-End-

-CITE-
    43 USC Sec. 1575a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1575a. Administration and disposition of lands and constructed
      facilities; revenues credited to general fund of Treasury

-STATUTE-
      The Secretary is hereby authorized to administer and dispose of
    lands and interests in lands acquired, and facilities constructed
    under this subchapter, and revenues received in connection with
    this authority shall be credited to the general fund of the
    Treasury.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 106, as added Pub. L. 96-336, Sec.
    4, Sept. 4, 1980, 94 Stat. 1064.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 106 of Pub. L. 93-320 was renumbered section 107
    and is classified to section 1576 of this title.

-End-

-CITE-
    43 USC Sec. 1576                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1576. Interagency cooperation

-STATUTE-
      In carrying out the provisions of this subchapter, the Secretary
    shall consult and cooperate with the Secretary of State, the
    Administrator of the Environmental Protection Agency, the Secretary
    of Agriculture, and other affected Federal, State, and local
    agencies.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 107, formerly Sec. 106, June 24,
    1974, 88 Stat. 270; renumbered Sec. 107, Pub. L. 96-336, Sec. 4,
    Sept. 4, 1980, 94 Stat. 1064.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 107 of Pub. L. 93-320 was renumbered section 108
    and is classified to section 1577 of this title.

-End-

-CITE-
    43 USC Sec. 1577                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1577. Existing Federal laws not modified

-STATUTE-
      Nothing in this chapter shall be deemed to modify the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], the
    Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et
    seq.], or, except as expressly stated herein, the provisions of any
    other Federal law.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 108, formerly Sec. 107, June 24,
    1974, 88 Stat. 270; renumbered Sec. 108, Pub. L. 96-336, Sec. 4,
    Sept. 4, 1980, 94 Stat. 1064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
    which is classified generally to chapter 55 (Sec. 4321 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The Federal Water Pollution Control Act, as amended, referred to
    in text, probably means act June 30, 1948, ch. 758, as amended
    generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
    which is classified generally to chapter 26 (Sec. 1251 et seq.) of
    Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of Title 33 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 108 of Pub. L. 93-320 was renumbered section 109
    and is classified to section 1578 of this title.

-End-

-CITE-
    43 USC Sec. 1578                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1578. Authorization of appropriations

-STATUTE-
      There is hereby authorized to be appropriated the sum of
    $356,400,000 for the construction of the works and accomplishment
    of the purposes authorized in sections 1571, 1572, 1573, and 1579
    of this title, of which $3,579,000 is authorized for mitigation of
    fish and wildlife losses associated with replacement of the
    Coachella Canal in California, and $6,960,000 is authorized for
    mitigation of fish and wildlife losses associated with the
    Desalting Complex Unit and the Protective and Regulatory Pumping
    Unit in Arizona, based on January 1979, prices plus or minus such
    amounts as may be justified by reason of ordinary fluctuation in
    construction costs involved therein, and such sums as may be
    required to operate and maintain such works and to provide for such
    modifications as may be made pursuant to section 1574 of this
    title. In order to provide for the utilization of significant
    improvements in desalinization technologies which may have been
    developed since the Bureau's evaluation, the Secretary is directed
    to evaluate such cost effective improvements and implement such
    improved designs into the plant operations when the evaluation
    indicates that cost savings will result: Provided, however, That no
    more than five percent of the amount authorized to be appropriated
    is used for these purposes. There is further authorized to be
    appropriated such sums as may be necessary to pay condemnation
    awards in excess of appraised values and to cover costs required in
    connection with the Uniform Relocation Assistance and Real Property
    Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 109, formerly Sec. 108, June 24,
    1974, 88 Stat. 270; renumbered Sec. 109 and amended Pub. L. 96-336,
    Secs. 4, 5, Sept. 4, 1980, 94 Stat. 1064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970, referred to in text, is Pub. L. 91-646, Jan.
    2, 1971, 84 Stat. 1894, which is classified principally to chapter
    61 (Sec. 4601 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 4601 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-336, Sec. 5, substituted appropriations
    authorization of $356,400,000 to carry out sections 1571, 1572,
    1573, and 1579 of this title for prior authorizations of
    $121,500,000 and $34,000,000 for purposes of sections 1571 and
    1572, and 1573 of this title, and use of January 1979 for April
    1973 price basis, authorized sums of $3,579,000 and $6,960,000 for
    mitigation of fish and wildlife losses in California and Arizona,
    and provided for cost savings desalinization plant operations
    limited to five percent of appropriations authorization.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 5 of Pub. L. 96-336 provided that the amendment made by
    that section is effective Oct. 1, 1979.

-End-

-CITE-
    43 USC Sec. 1579                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1579. Fish and wildlife habitat; mitigation of losses

-STATUTE-
      Effective October 1, 1979, and to such extent and in such amounts
    as are provided in advance in appropriate (!1) Acts, in order to
    provide measures determined by the Secretary of the Interior to be
    appropriated to mitigate loss of fish and wildlife habitat
    associated with other measures taken under this subchapter:

      (a) Appropriation of funds; acquisition and disposal of lands;
        facilities undertakings; funds restriction for non-Federal
        facilities
        The Secretary is authorized to - 
          (1) acquire lands by purchase, eminent domain, or exchange;
          (2) dispose of land, facilities, and equipment;
          (3) construct, operate, maintain, and make replacements of
        facilities: Provided, however, That no funds will be provided
        for operation, maintenance, or replacement of non-Federal
        facilities.
      (b) Nonreimbursable costs
        All costs authorized by this section are nonreimbursable.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 110, as added Pub. L. 96-336, Sec.
    6, Sept. 4, 1980, 94 Stat. 1064.)

-FOOTNOTE-
    (!1) So in original. Probably should be "appropriation".

-End-

-CITE-
    43 USC Sec. 1580                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1580. Definitions

-STATUTE-
      As used in this subchapter:
        (a) Navajo Generating Station means - 
          (1) the United States entitlement to a portion of the output
        of power and energy from the Navajo Generating Station, Page,
        Arizona, pursuant to United States participation in that
        generating station;
          (2) in the event that said United States entitlement is
        integrated with other generating facilities, then Navajo
        Generating Station means that amount of power and energy from
        the integrated system which is attributable to the United
        States Navajo entitlement;
          (3) when the Navajo Generating Station is replaced at the end
        of its useful life or an alternative resource is established,
        then Navajo Generating Station means an amount of power and
        energy equivalent to the present United States entitlement from
        Navajo, from the replacement resource.

        (b) All terms used herein that are defined in the Colorado
      River Compact shall have the meanings therein defined.

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 111, as added Pub. L. 96-336, Sec.
    7, Sept. 4, 1980, 94 Stat. 1065.)

-End-

-CITE-
    43 USC SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL
           DAM                                             01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
            SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM        

-End-

-CITE-
    43 USC Sec. 1591                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1591. Salinity control policy

-STATUTE-
    (a) Implementation by Secretary of the Interior
      The Secretary of the Interior shall implement the salinity
    control policy adopted for the Colorado River in the "Conclusions
    and Recommendations" published in the Proceedings of the Reconvened
    Seventh Session of the Conference in the Matter of Pollution of the
    Interstate Waters of the Colorado River and Its Tributaries in the
    States of California, Colorado, Utah, Arizona, Nevada, New Mexico,
    and Wyoming, held in Denver, Colorado, on April 26-27, 1972, under
    the authority of section 10 of the Federal Water Pollution Control
    Act (33 U.S.C. 1160), and approved by the Administrator of the
    Environmental Protection Agency on June 9, 1972.
    (b) Expeditious investigation, planning, and implementation of
      salinity control program
      The Secretary is hereby directed to expedite the investigation,
    planning, and implementation of the salinity control program
    generally as described in chapter VI of the Secretary's report
    entitled, "Colorado River Water Quality Improvement Program,
    February 1972". In determining the relative priority of
    implementing additional units or new self-contained portions of
    units authorized by section 1592 of this title, the Secretary or
    the Secretary of Agriculture, as the case may be, shall give
    preference to those additional units or new self-contained portions
    of units which reduce salinity of the Colorado River at the least
    cost per unit of salinity reduction.
    (c) Cooperation with other Federal agencies
      In conformity with subsection (a) of this section and the
    authority of the Environmental Protection Agency under Federal
    laws, the Secretary, the Administrator of the Environmental
    Protection Agency, and the Secretary of Agriculture are directed to
    cooperate and coordinate their activities effectively to carry out
    the objective of this subchapter.

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 201, June 24, 1974, 88 Stat. 270;
    Pub. L. 98-569, Sec. 1, Oct. 30, 1984, 98 Stat. 2933.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act, referred to in subsec.
    (a), which was formerly classified to chapter 23 (Sec. 1151 et
    seq.) of Title 33, Navigation and Navigable Waters, was revised
    generally by Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816, and is
    classified generally to chapter 25 (Sec. 1251 et seq.) of Title 33.

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-569 inserted "In determining the
    relative priority of implementing additional units or new self-
    contained portions of units authorized by section 1592 of this
    title, the Secretary or the Secretary of Agriculture, as the case
    may be, shall give preference to those additional units or new self-
    contained portions of units which reduce salinity of the Colorado
    River at the least cost per unit of salinity reduction.".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 6 of Pub. L. 98-569 provided that: "The amendments made
    by this Act [amending this section and sections 620d, 1543, 1592,
    1593, 1595, and 1598 of this title] shall take effect upon
    enactment of this Act [Oct. 30, 1984]."

-End-

-CITE-
    43 USC Sec. 1592                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1592. Authorization to construct, operate, and maintain
      salinity control units and salinity control program

-STATUTE-
    (a) Authority of Secretary
      The Secretary is authorized to construct, operate, and maintain
    the following salinity control units and salinity control program
    as the initial stage of the Colorado River Basin salinity control
    program:
      (1) The Paradox Valley unit, Montrose County, Colorado,
    consisting of facilities for collection and disposition of saline
    ground water of Paradox Valley, including wells, pumps, pipelines,
    solar evaporation ponds, and all necessary appurtenant and
    associated works such as roads, fences, dikes, power transmission
    facilities, and permanent operating facilities, and consisting of
    measures to replace incidental fish and wildlife values foregone.
      (2) The Grand Valley unit, Colorado, consisting of measures and
    all necessary appurtenant and associated works to reduce the
    seepage of irrigation water from the irrigated lands of Grand
    Valley into the ground water and thence into the Colorado River.
    Measures shall include lining of canals and laterals, replacing
    canals and laterals with pipe, and the combining of existing canals
    and laterals into fewer and more efficient facilities implementing
    other measures to reduce salt contributions from the Grand Valley
    to the Colorado River, and implementing measures to replace
    incidental fish and wildlife values foregone..(!1) Prior to
    initiation of construction of the Grand Valley unit, or portion
    thereof, the Secretary shall enter into contracts through which the
    non-Federal entities owning, operating, and maintaining the water
    distribution systems, or portions thereof, in Grand Valley, singly
    or in concert, will assume the obligations specified in subsection
    (b)(2) of this section relating to the continued operation and
    maintenance of the unit's facilities to the end that the maximum
    reduction of salinity inflow to the Colorado River will be
    achieved.

      (3) The Las Vegas Wash unit, Nevada, consisting of facilities for
    collection and disposition of saline ground water of Las Vegas
    Wash, including infiltration galleries, pumps, desalter, pipelines,
    solar evaporation facilities, and all appurtenant works including
    but not limited to roads, fences, power transmission facilities,
    and operating facilities, and consisting of measures to replace
    incidental fish and wildlife values foregone.
      (4) Stage I of the Lower Gunnison Basin unit, Colorado,
    consisting of measures and all necessary appurtenant and associated
    works to reduce seepage from canals and laterals in the Uncompahgre
    Valley, and consisting of measures to replace incidental fish and
    wildlife values foregone, essentially as described in the
    feasibility report and final environmental statement dated February
    10, 1984. Prior to initiation of construction of stage I of the
    Lower Gunnison Basin unit, or of a portion of stage I, the
    Secretary shall enter into contracts through which the non-Federal
    entities owning, operating, and maintaining the water distribution
    systems, or portions thereof, in the Uncompahgre Valley, singly or
    in concert, will assume the obligations specified in subsection
    (b)(2) of this section relating to the continued operation and
    maintenance of the unit's facilities.
      (5) Portions of the McElmo Creek unit, Colorado, as components of
    the Dolores participating project, Colorado River Storage project,
    authorized by Public Law 90-537 [43 U.S.C. 1501 et seq.] and Public
    Law 84-485 [43 U.S.C. 620 et seq.], consisting of all measures and
    all necessary appurtenant and associated works to reduce seepage
    only from the Towaoc-Highline combined canal, Rocky Ford laterals,
    Lone Pine lateral, and Upper Hermana lateral, and consisting of
    measures to replace incidental fish and wildlife values foregone.
    The Dolores participating project shall have salinity control as a
    project purpose insofar as these specific facilities are concerned:
    Provided, That the costs of construction and replacement of these
    specific facilities shall be allocated by the Secretary to salinity
    control and irrigation only after consultation with the State of
    Colorado, the Montezuma Valley Irrigation District, Colorado, and
    the Dolores Water Conservancy District, Colorado: And provided
    further, That such allocation of costs to salinity control will
    include only the separable and specific costs of these specific
    facilities and will not include any joint costs of any other
    facilities of the Dolores participating project. Repayment of costs
    allocated to salinity control shall be subject to this chapter.
    Repayment of costs allocated to irrigation shall be subject to the
    Acts which authorized the Dolores participating project, the
    Reclamation Act of 1902, and Acts amendatory and supplementary
    thereto. Prior to initiation of construction of these specific
    facilities, or a portion thereof, the Secretary shall enter into
    contracts through which the non-Federal entities owning, operating,
    and maintaining the water distribution systems, or portions
    thereof, in the Montezuma Valley, singly or in concert, will assume
    the obligations specified in subsection (b)(2) of this section
    relating to the continued operation and maintenance of the unit's
    facilities.
      (6) A basinwide salinity control program that the Secretary,
    acting through the Bureau of Reclamation, shall implement. The
    Secretary may carry out the purposes of this paragraph directly, or
    may make grants, commitments for grants, or advances of funds to
    non-Federal entities under such terms and conditions as the
    Secretary may require. Such program shall consist of cost-effective
    measures and associated works to reduce salinity from saline
    springs, leaking wells, irrigation sources, industrial sources,
    erosion of public and private land, or other sources that the
    Secretary considers appropriate. Such program shall provide for the
    mitigation of incidental fish and wildlife values that are lost as
    a result of the measures and associated works. The Secretary shall
    submit a planning report concerning the program established under
    this paragraph to the appropriate committees of Congress. The
    Secretary may not expend funds for any implementation measure under
    the program established under this paragraph before the expiration
    of a 30-day period beginning on the date on which the Secretary
    submits such report.
    (b) Implementation of authorized units
      In implementing the units authorized to be constructed pursuant
    to subsection (a) of this section, the Secretary shall carry out
    the following directions:
        (1) As reports are completed describing final implementation
      plans for the unit, or any portion thereof, authorized by
      paragraph (5) of subsection (a) of this section, and prior to
      expenditure of funds for related construction activities, the
      Secretary shall submit such reports to the appropriate committees
      of the Congress and to the governors of the Colorado River Basin
      States.
        (2) Non-Federal entities shall be required by the Secretary to
      contract for the long-term operation and maintenance of canal and
      lateral systems constructed pursuant to activities provided for
      in subsection (a) of this section: Provided, That the Secretary
      shall reimburse such non-Federal entities for the costs of such
      operation and maintenance to the extent the costs exceed the
      expenses that would have been incurred by them in the thorough
      and timely operation and maintenance of their canal and lateral
      systems absent the construction of a unit, said expenses to be
      determined by the Secretary after consultation with the involved
      non-Federal entities. The operation and maintenance for which non-
      Federal entities shall be responsible shall include such
      repairing and replacing of a unit's facilities as are associated
      with normal annual maintenance activities in order to keep such
      facilities in a condition which will assure maximum reduction of
      salinity inflow to the Colorado River. These non-Federal entities
      shall not be responsible, nor incur any costs, for the
      replacement of a unit's facilities, including measures to replace
      incidental fish and wildlife values foregone. The term
      replacement shall be defined for the purposes of this subchapter
      as a major modification or reconstruction of a completed unit, or
      portion thereof, which is necessitated, through no fault of the
      non-Federal entity or entities operating and maintaining a unit,
      by design or construction inadequacies or by normal limits on the
      useful life of a facility. The Secretary is authorized to provide
      continuing technical assistance to non-Federal entities to assure
      the effective and efficient operation and maintenance of a unit's
      facilities.
        (3) The Secretary may, under authority of this subchapter, and
      limited to the purposes of this chapter, fund through a grant or
      contract, for any fiscal year only to such extent or in such
      amounts as are provided in appropriation Acts, a non-Federal
      entity to organize private canal and lateral owners into formal
      organizations with which the Secretary may enter into a grant or
      contract to construct, operate, and maintain a unit's facilities.
        (4) In implementing the units authorized to be constructed or
      the program pursuant to paragraphs (1), (2), (3), (4), (5), and
      (6) of subsection (a) of this section, the Secretary shall comply
      with procedural and substantive State water laws.
        (5) The Secretary may, under authority of this subchapter and
      limited to the purposes of this chapter, fund through a grant or
      contract, for any fiscal year only to such extent or in such
      amounts as are provided in appropriation Acts, a non-Federal
      entity to operate and maintain measures to replace incidental
      fish and wildlife values foregone.
        (6) In implementing the units authorized to be constructed
      pursuant to subsection (a) of this section, the Secretary shall
      implement measures to replace incidental fish and wildlife values
      foregone concurrently with the implementation of a unit's, or a
      portion of a unit's, related features.
    (c) Salinity control measures
      The Secretary of Agriculture shall carry out salinity control
    measures (including watershed enhancement and cost-share measures
    with livestock and crop producers) in the Colorado River Basin as
    part of the environmental quality incentives program established
    under chapter 4 of subtitle D of title XII of the Food Security Act
    of 1985 [16 U.S.C. 3839aa et seq.].

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 202, June 24, 1974, 88 Stat. 271;
    Pub. L. 98-569, Sec. 2, Oct. 30, 1984, 98 Stat. 2933; Pub. L. 104-
    20, Sec. 1(1), (4), July 28, 1995, 109 Stat. 255, 256; Pub. L. 104-
    127, title III, Sec. 336(c)(1), Apr. 4, 1996, 110 Stat. 1006.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 90-537, referred to in subsec. (a)(5), is act Sept.
    30, 1968, 82 Stat. 885, as amended, popularly known as the
    "Colorado River Basin Project Act", which is classified principally
    to chapter 32 (Sec. 1501 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1501 of this title and Tables.
      Public Law 84-485, referred to in subsec. (a)(5), is act Apr. 11,
    1956, ch. 203, 70 Stat. 105, as amended, popularly known as the
    "Colorado River Storage Project Act", which is classified to
    chapter 12B (Sec. 620 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 620 of this title and Tables.
      The Reclamation Act of 1902, referred to in subsec. (a)(5), is
    act June 17, 1902, 32 Stat. 388, as amended and supplemented, is
    classified generally to chapter 12 (Sec. 371 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 371 of this title and
    Tables.
      The Food Security Act of 1985, referred to in subsec. (c), is
    Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4
    of subtitle D of title XII of the Act is classified generally to
    part IV (Sec. 3839aa et seq.) of subchapter IV of chapter 58 of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title of 1985 Amendment note set out under
    section 1281 of Title 7, Agriculture, and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-127 added subsec. (c) and struck
    out former subsec. (c) which authorized establishment of a
    voluntary cooperative salinity control program with landowners to
    improve on-farm water management and reduce watershed erosion on
    certain lands.
      1995 - Subsec. (a). Pub. L. 104-20, Sec. 1(1), inserted "and
    salinity control program" after "the following salinity control
    units" and substituted colon for period in introductory provisions
    and added par. (6).
      Subsec. (b)(4). Pub. L. 104-20, Sec. 1(4), substituted "or the
    program pursuant to paragraphs (1), (2), (3), (4), (5), and (6)"
    for "pursuant to paragraphs (1), (2), (3), (4), and (5)".
      1984 - Subsec. (a). Pub. L. 98-569, Sec. 2(a), designated
    existing provisions as subsec. (a).
      Subsec. (a)(1). Pub. L. 98-569, Sec. 2(b)(1), inserted ", and
    consisting of measures to replace incidental fish and wildlife
    values foregone" at the end thereof.
      Subsec. (a)(2). Pub. L. 98-569, Sec. 2(b)(2), inserted "replacing
    canals and laterals with pipe," after "canals and laterals" and
    inserted "implementing other measures to reduce salt contributions
    from the Grand Valley to the Colorado River, and implementing
    measures to replace incidental fish and wildlife values foregone"
    after "efficient facilities" in second sentence.
      Pub. L. 98-569, Sec. 2(b)(3), inserted ", or portions thereof,"
    after "Grand Valley unit", substituted "non-Federal entities" for
    "agencies", inserted "or portions thereof," after "water
    distribution systems" and substituted "the obligations specified in
    subsection (b)(2) of this section" for "all obligations" in third
    sentence.
      Pub. L. 98-569, Sec. 2(b)(4), struck out "The Secretary is also
    authorized to provide, as an element of the Grand Valley unit, for
    a technical staff to provide information and assistance to water
    users on means and measures for limiting excess water applications
    to irrigated lands: Provided, That such assistance shall not exceed
    a period of five years after funds first become available under
    this subchapter. The Secretary will enter into agreements with the
    Secretary of Agriculture to develop a unified control plan for the
    Grand Valley unit. The Secretary of Agriculture is directed to
    cooperate in the planning and construction of on-farm system
    measures under programs available to that Department."
      Subsec. (a)(3). Pub. L. 98-569, Sec. 2(b)(5), redesignated par.
    (4) as (3). Former par. (3), which related to the Crystal Geyser
    unit in Utah, was struck out.
      Pub. L. 98-569, Sec. 2(b)(6), substituted ", and consisting of
    measures to replace incidental fish and wildlife values foregone."
    for the period at the end thereof.
      Subsec. (a)(4). Pub. L. 98-569, Sec. 2(b)(7), added par. (4).
    Former par. (4) redesignated (3).
      Subsec. (a)(5). Pub. L. 98-569, Sec. 2(b)(7), added par. (5).
      Subsecs. (b), (c). Pub. L. 98-569, Sec. 2(c), added subsecs. (b)
    and (c).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section
    6 of Pub. L. 98-569, set out as a note under section 1591 of this
    title.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 1593                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1593. Planning reports; research and demonstration projects

-STATUTE-
      (a) The Secretary is authorized and directed to - 
      (1) Expedite completion of the planning reports on the following
    units, described in the Secretary's report, "Colorado River Water
    Quality Improvement Program, February 1972";
        (i) Irrigation source control:
          Lower Gunnison
          Uintah Basin
          Colorado River Indian Reservation
          Palo Verde Irrigation District

        (ii) Point source control:
          LaVerkin Springs
          Littlefield Springs
          Glenwood-Dotsero Springs

        (iii) Diffuse source control:
          Price River
          San Rafael River
          Dirty Devil River
          McElmo Creek
          Big Sandy River

      (2) Submit each planning report on the units named in paragraph
    (1) of this subsection promptly to the Colorado River Basin States
    and to such other parties as the Secretary deems appropriate for
    their review and comments. After receipt of comments on a unit and
    careful consideration thereof, the Secretary shall submit each
    final report with his recommendations, simultaneously, to the
    President, other concerned Federal departments and agencies, the
    Congress, and the Colorado River Basin States.
      (b) The Secretary is directed - 
        (1) in the investigation, planning, construction, and
      implementation of any salinity control unit involving control of
      salinity from irrigation sources, to cooperate with the Secretary
      of Agriculture in carrying out research and demonstration
      projects and in implementing on-the-farm improvements and farm
      management practices and programs which will further the
      objective of this subchapter;
        (2) to undertake research on additional methods for
      accomplishing the objective of this subchapter, utilizing to the
      fullest extent practicable the capabilities and resources of
      other Federal departments and agencies, interstate institutions,
      States, and private organizations;
        (3) to develop a comprehensive program for minimizing salt
      contributions to the Colorado River from lands administered by
      the Bureau of Land Management and submit a report which describes
      the program and recommended implementation actions to the
      Congress and to the members of the advisory council established
      by section 1594(a) of this title by July 1, 1987;
        (4) to undertake feasibility investigations of saline water use
      and disposal opportunities, including measures and all necessary
      appurtenant and associated works, to demonstrate saline water use
      technology and to beneficially use and dispose of saline and
      brackish waters of the Colorado River Basin in joint ventures
      with current and future industrial water users, using, but not
      limited to, the concepts generally described in the Bureau of
      Reclamation Special Report of September 1981, entitled "Saline
      water use and disposal opportunities"; and
        (5) to undertake advance planning activities on the Sinbad
      Valley Unit, Colorado, as described in the Bureau of Land
      Management Salinity Status Report, covering the period 1978-1979
      and dated February 1980.

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 203, June 24, 1974, 88 Stat. 271;
    Pub. L. 98-569, Sec. 3, Oct. 30, 1984, 98 Stat. 2937.)

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b)(3) to (5). Pub. L. 98-569 added pars. (3) to
    (5).

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section
    6 of Pub. L. 98-569, set out as a note under section 1591 of this
    title.

-End-

-CITE-
    43 USC Sec. 1594                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1594. Colorado River Basin Salinity Control Advisory Council

-STATUTE-
      (a) There is created the Colorado River Basin Salinity Control
    Advisory Council composed of no more than three members from each
    State appointed by the Governor of each of the Colorado River Basin
    States.
      (b) The Council shall be advisory only and shall - 
        (1) act as liaison between both the Secretaries of Interior and
      Agriculture and the Administrator of the Environmental Protection
      Agency and the States in accomplishing the purposes of this
      subchapter;
        (2) receive reports from the Secretary on the progress of the
      salinity control program and review and comment on said reports;
      and
        (3) recommend to both the Secretary and the Administrator of
      the Environmental Protection Agency appropriate studies of
      further projects, techniques, or methods for accomplishing the
      purposes of this subchapter.

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 204, June 24, 1974, 88 Stat. 272.)

-MISC1-
                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by the Congress, its duration is otherwise provided for
    by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    43 USC Sec. 1595                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1595. Salinity control units; authority and functions of
      Secretary of the Interior

-STATUTE-
    (a) Allocation of costs
      The Secretary shall allocate the total costs (excluding costs
    borne by non-Federal participants) of the on-farm measures
    authorized by section 1592(c) of this title, of all measures to
    replace incidental fish and wildlife values foregone, and of each
    unit or separable feature thereof authorized by section 1592(a) of
    this title, as follows:
      (1) In recognition of Federal responsibility for the Colorado
    River as an interstate stream and for international comity with
    Mexico, Federal ownership of the lands of the Colorado River Basin
    from which most of the dissolved salts originate, and the policy
    embodied in the Federal Water Pollution Control Act Amendments of
    1972 (86 Stat. 816) [33 U.S.C. 1251 et seq.], 75 per centum of the
    total costs of construction, operation, maintenance, and
    replacement of each unit or separable feature thereof authorized by
    section 1592(a)(1), (2), and (3) of this title, including 75 per
    centum of the total costs of construction, operation, and
    maintenance of the associated measures to replace incidental fish
    and wildlife values foregone, 70 per centum of the total costs of
    construction, operation, maintenance, and replacement of each unit,
    or separable feature thereof authorized by paragraphs (4) through
    (6) of section 1592(a) of this title, including 70 per centum of
    the total costs of construction, operation, and maintenance of the
    associated measures to replace incidental fish and wildlife values
    foregone, and 70 per centum of the total costs of implementation of
    the on-farm measures authorized by section 1592(c) of this title,
    including 70 per centum of the total costs of the associated
    measures to replace incidental fish and wildlife values foregone,
    shall be nonreimbursable. The total costs remaining after these
    allocations shall be reimbursable as provided for in paragraphs
    (2), (3), (4), and (5),(!1) of subsection (a) of this section (!2)

      (2) The reimbursable portion of the total costs shall be
    allocated between the Upper Colorado River Basin Fund established
    by section 5(a) of the Colorado River Storage Project Act (70 Stat.
    107) [43 U.S.C. 620d(a)] and the Lower Colorado River Basin
    Development Fund established by section 1543(a) of this title,
    after consultation with the Advisory Council created in section
    1594(a) of this title and consideration of the following items:
        (i) benefits to be derived in each basin from the use of water
      of improved quality and the use of works for improved water
      management;
        (ii) causes of salinity; and
        (iii) availability of revenues in the Lower Colorado River
      Basin Development Fund and increased revenues to the Upper
      Colorado River Basin Fund made available under section 620d(d)(5)
      of this title: Provided, That costs allocated to the Upper
      Colorado River Basin Fund under this paragraph (2) shall not
      exceed 15 per centum of the costs allocated to the Upper Colorado
      River Basin Fund and the Lower Colorado River Basin Development
      Fund.

      (3) Costs of construction and replacement of each unit or
    separable feature thereof authorized by sections (!3) 1592(a)(1),
    (2), and (3) of this title and costs of construction of measures to
    replace incidental fish and wildlife values foregone, when such
    measures are a part of the units authorized by sections (!3)
    1592(a)(1), (2), and (3) of this title, allocated to the upper
    basin and to the lower basin under subsection (a)(2) of this
    section shall be repaid within a fifty-year period or within a
    period equal to the estimated life of the unit, separable feature
    thereof, or replacement, whichever is less, without interest from
    the date such unit, separable feature, or replacement is determined
    by the Secretary to be in operation.

      (4)(i) Costs of construction and replacement of each unit or
    separable feature thereof authorized by paragraphs (4) through (6)
    of section 1592 (!4) of this title, costs of construction of
    measures to replace incidental fish and wildlife values foregone,
    when such measures are a part of the on-farm measures authorized by
    section 1592(c) of this title or of the units authorized by
    paragraphs (4) through (6) of section 1592 (!4) of this title, and
    costs of implementation of the on-farm measures authorized by
    section 1592(c) of this title allocated to the upper basin and to
    the lower basin under subsection (a)(2) of this section shall be
    repaid as provided in subparagraphs (ii) and (iii), respectively,
    of this paragraph.

      (ii) Costs allocated to the upper basin shall be repaid with
    interest within a fifty-year period, or within a period equal to
    the estimated life of the unit, separable feature thereof,
    replacement, or on-farm measure, whichever is less, from the date
    such unit, separable feature thereof, replacement, or on-farm
    measure is determined by the Secretary or the Secretary of
    Agriculture to be in operation.
      (iii) Costs allocated to the lower basin shall be repaid without
    interest as such costs are incurred to the extent that money is
    available from the Lower Colorado River Basin development fund to
    repay costs allocated to the lower basin. If in any fiscal year the
    money available from the Lower Colorado River Basin development
    fund for such repayment is insufficient to repay the costs
    allocated to the lower basin, as provided in the preceding
    sentence, the deficiency shall be repaid with interest as soon as
    money becomes available in the fund for repayment of those costs.
      (iv) The interest rates used pursuant to this chapter shall be
    determined by the Secretary of the Treasury, taking into
    consideration average market yields on outstanding marketable
    obligations of the United States with remaining periods to maturity
    comparable to the reimbursement period during the month preceding
    October 30, 1984, for costs outstanding at that date, or, in the
    case of costs incurred subsequent to October 30, 1984, during the
    month preceding the fiscal year in which the costs are incurred.
      (5) Costs of operation and maintenance of each unit or separable
    feature thereof authorized by section 1592(a) of this title and of
    measures to replace incidental fish and wildlife values foregone
    allocated to the upper basin and to the lower basin under
    subsection (a)(2) of this section shall be repaid without interest
    in the fiscal year next succeeding the fiscal year in which such
    costs are incurred. In the event that revenues are not available to
    repay the portion of operation and maintenance costs allocated to
    the Upper Colorado River Basin fund and to the Lower Colorado River
    Basin development fund in the year next succeeding the fiscal year
    in which such costs are incurred, the deficiency shall be repayed
    (!5) with interest calculated in the same manner as provided in
    subsection (a)(4)(iv) of this section. Any reimbursement due non-
    Federal entities pursuant to section 1592(b)(2) of this title
    shall be repaid without interest in the fiscal year next succeeding
    the fiscal year in which such operation and maintenance costs are
    incurred.

    (b) Costs payable from Lower Colorado River Basin Development Fund
      (1) Costs of construction, operation, maintenance, and
    replacement of each unit or separable feature thereof authorized by
    section 1592(a) of this title, costs of construction, operation,
    and maintenance of measures to replace incidental fish and wildlife
    values foregone, and costs of implementation of the on-farm
    measures authorized by section 1592(c) of this title, allocated for
    repayment by the lower basin under subsection (a)(2) of this
    section shall be paid in accordance with section 1543(g)(2) of this
    title, from the Lower Colorado River Basin Development Fund.
      (2) Omitted
    (c) Costs payable from Upper Colorado River Basin Fund
      Costs of construction, operation, maintenance, and replacement of
    each unit or separable feature thereof authorized by section
    1592(a) of this title, costs of construction, operation, and
    maintenance of measures to replace incidental fish and wildlife
    values foregone, and costs of implementation of the on-farm
    measures authorized by section 1592(c) of this title allocated for
    repayment by the upper basin under subsection (a)(2) of this
    section shall be paid in accordance with section 620d(d)(5) of this
    title from the Upper Colorado River Basin Fund within the limit of
    the funds made available under subsection (e) of this section.
    (d) Omitted
    (e) Upward adjustment of rates for electrical energy
      The Secretary is authorized to make upward adjustments in rates
    charged for electrical energy under all contracts administered by
    the Secretary under the Colorado River Storage Project Act (70
    Stat. 105; 43 U.S.C. 620) as soon as practicable and to the extent
    necessary to cover the costs allocated to the Upper Colorado River
    Basin Fund under subsection (a)(2) of this section and in
    conformity with subsection (a)(3), subsection (a)(4) and subsection
    (a)(5) of this section: Provided, That revenues derived from said
    rate adjustments shall be available solely for the construction,
    operation, maintenance, and replacement of salinity control units,
    for the construction, operation, and maintenance of measures to
    replace incidental fish and wildlife values foregone, and for the
    implementation of on-farm measures in the Colorado River Basin
    herein authorized.
    (f) Funds
      The Secretary may expend funds available in the Basin Funds
    referred to in this section to carry out cost-share salinity
    measures in a manner that is consistent with the cost allocations
    required under this section.

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 205, June 24, 1974, 88 Stat. 272;
    Pub. L. 98-569, Sec. 4(a)-(f)(1), (g), (i), Oct. 30, 1984, 98 Stat.
    2937-2939; Pub. L. 104-20, Sec. 1(2), July 28, 1995, 109 Stat. 255;
    Pub. L. 104-127, title III, Sec. 336(c)(2), Apr. 4, 1996, 110 Stat.
    1006.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Water Pollution Control Act Amendments of 1972,
    referred to in subsec. (a)(1), is Pub. L. 92-500, Oct. 18, 1972, 86
    Stat. 816, which is classified principally to chapter 26 (Sec. 1251
    et seq.) of Title 33, Navigation and Navigable Waters. For complete
    classification of this Act to the Code, see Short Title of 1972
    Amendment note set out under section 1251 of Title 33 and Tables.
      Section 620d(d)(5) of this title, referred to in subsec. (c), was
    in the original a reference to "section 205(d) of this title",
    meaning section 205(d) of title II of Pub. L. 93-320. Such section
    205(d) amended section 5(d) of the Colorado River Storage Project
    Act by inserting a new par. (5), which is classified to section
    620d(d)(5) of this title.
      The Colorado River Storage Project Act, referred to in subsec.
    (d), is act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which
    is classified generally to chapter 12B (Sec. 620 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 620 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 205 of Pub. L. 93-320. Subsecs.
    (b)(2) and (d) of section 205 of Pub. L. 93-320 amended sections
    620d and 1543 of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-127, Sec. 336(c)(2)(A), struck
    out "pursuant to section 1592(c)(2)(C) of this title" after "non-
    Federal participants" in introductory provisions.
      Subsec. (f). Pub. L. 104-127, Sec. 336(c)(2)(B), added subsec.
    (f).
      1995 - Subsec. (a)(1). Pub. L. 104-20, Sec. 1(2)(A), substituted
    "authorized by paragraphs (4) through (6) of section 1592(a)" for
    "authorized by section 1592(a)(4) and (5)".
      Subsec. (a)(4)(i). Pub. L. 104-20, Sec. 1(2)(B), substituted
    "paragraphs (4) through (6) of section 1592" for "sections
    1592(a)(4) and (5)" in two places.
      1984 - Subsec. (a). Pub. L. 98-569, Sec. 4(a), inserted "(a)"
    after "section 1592" and inserted "(excluding costs borne by non-
    Federal participants pursuant to section 1592(c)(2)(C) of this
    title) of the on-farm measures authorized by section 1592(c) of
    this title, of all measures to replace incidental fish and wildlife
    values foregone, and" after "total costs".
      Subsec. (a)(1). Pub. L. 98-569, Sec. 4(b), inserted "authorized
    by section 1592(a)(1), (2), and (3) of this title, including 75 per
    centum of the total costs of construction, operation, and
    maintenance of the associated measures to replace incidental fish
    and wildlife values foregone, 70 per centum of the total costs of
    construction, operation, maintenance, and replacement of each unit,
    or separable feature thereof authorized by section 1592(a)(4) and
    (5) of this title, including 70 per centum of the total costs of
    construction, operation, and maintenance of the associated measures
    to replace incidental fish and wildlife values foregone, and 70 per
    centum of the total costs of implementation of the on-farm measures
    authorized by section 1592(c) of this title, including 70 per
    centum of the total costs of the associated measures to replace
    incidental fish and wildlife values foregone," after "shall be
    nonreimbursable" and further inserted "The total costs remaining
    after these allocations shall be reimbursable as provided for in
    paragraphs (2), (3), (4), and (5), of subsection (a) of this
    section" at the end thereof.
      Subsec. (a)(3). Pub. L. 98-569, Sec. 4(d), substituted
    "construction and replacement of each unit" for "construction,
    operation, maintenance, and replacement of each unit" before "or
    separable features thereof", inserted "authorized by sections
    1592(a)(1), (2), and (3) of this title and costs of construction of
    measures to replace incidental fish and wildlife values foregone,
    when such measures are a part of the units authorized by sections
    1592(a)(1), (2), and (3) of this title" before "allocated", and
    inserted "or within a period equal to the estimated life of the
    unit, separable feature thereof, or replacement, whichever is
    less," before "without interest".
      Subsec. (a)(4), (5). Pub. L. 98-569, Sec. 4(e), added pars. (4)
    and (5).
      Subsec. (b). Pub. L. 98-569, Sec. 4(f)(1), inserted "authorized
    by section 1592(a) of this title, costs of construction, operation,
    and maintenance of measures to replace incidental fish and wildlife
    values foregone, and costs of implementation of the on-farm
    measures authorized by section 1592(c) of this title," before
    "allocated for repayment".
      Subsec. (c). Pub. L. 98-569, Sec. 4(g), inserted "authorized by
    section 1592(a) of this title, costs of construction, operation,
    and maintenance of measures to replace incidental fish and wildlife
    values foregone, and costs of implementation of the on-farm
    measures authorized by section 1592(c) of this title" before
    "allocated for".
      Subsec. (e). Pub. L. 98-569, Sec. 4(i), struck out "of
    construction, operation, maintenance, and replacement of units"
    before "allocated under", inserted "to the Upper Colorado River
    Basin Fund" after "allocated", inserted ", subsection (a)(4) and
    subsection (a)(5) of this section" after "subsection (a)(3)", and
    inserted ", for the construction, operation and maintenance of
    measures to replace incidental fish and wildlife values foregone,
    and for the implementation of on-farm measures" after "salinity
    control units".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section
    6 of Pub. L. 98-569, set out as a note under section 1591 of this
    title.

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by the Congress, its duration is otherwise provided for
    by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-FOOTNOTE-               

    (!1) So in original. The comma probably should not appear.

    (!2) So in original. Probably should be followed by a period.

    (!3) So in original. Probably should be "section".

    (!4) So in original. Probably should be section "1592(a)".

    (!5) So in original.

-End-

-CITE-
    43 USC Sec. 1596                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1596. Biennial report to President, Congress, and Advisory
      Council

-STATUTE-
      Commencing on January 1, 1975, and every two years thereafter,
    the Secretary shall submit, simultaneously, to the President, the
    Congress, and the Advisory Council created in section 1594(a) of
    this title, a report on the Colorado River salinity control program
    authorized by this subchapter covering the progress of
    investigations, planning, and construction of salinity control
    units for the previous fiscal year, the effectiveness of such
    units, anticipated work needed to be accomplished in the future to
    meet the objectives of this subchapter, with emphasis on the needs
    during the five years immediately following the date of each
    report, and any special problems that may be impeding progress in
    attaining an effective salinity control program. Said report may be
    included in the biennial report on the quality of water of the
    Colorado River Basin prepared by the Secretary pursuant to section
    620n of this title, section 615ww of this title, and section 616e
    of this title.

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 206, June 24, 1974, 88 Stat. 274.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 615ww and 616e of this title, referred to in text, were
    omitted from the Code.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section relating to the requirement that the Secretary submit a
    biennial report to Congress, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and the 4th item on page 113 of House Document No. 103-
    7.

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by the Congress, its duration is otherwise provided for
    by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    43 USC Sec. 1597                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1597. Construction of provisions of subchapter

-STATUTE-
      Except as provided in sections 620d(d)(5), 1543(g)(2), and
    1595(b) of this title, with respect to the Colorado River Basin
    Project Act [43 U.S.C. 1501 et seq.] and the Colorado River Storage
    Project Act [43 U.S.C. 620 et seq.], respectively, nothing in this
    subchapter shall be construed to alter, amend, repeal, modify,
    interpret, or be in conflict with the provisions of the Colorado
    River Compact (45 Stat. 1057), the Upper Colorado River Basin
    Compact (63 Stat. 31), the Water Treaty of 1944 with the United
    Mexican States (Treaty Series 994; 59 Stat. 1219), the decree
    entered by the Supreme Court of the United States in Arizona
    against California and others (376 U.S. 340), the Boulder Canyon
    Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], Boulder Canyon
    Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) [43 U.S.C.
    618 et seq.], section 15 of the Colorado River Storage Project Act
    (70 Stat. 111; 43 U.S.C. 620n), the Colorado River Basin Project
    Act (82 Stat. 885), section 6 of the Fryingpan-Arkansas Project Act
    (76 Stat. 393) [43 U.S.C. 616e], section 15 of the Navajo Indian
    irrigation project and initial stage of the San Juan-Chama Project
    Act (76 Stat. 102) [43 U.S.C. 615ww], the National Environmental
    Policy Act of 1969 [42 U.S.C. 4321 et seq.], and the Federal Water
    Pollution Control Act, as amended [33 U.S.C. 1251 et seq.].

-SOURCE-
    (Pub. L. 93-320, title I, Sec. 207, June 24, 1974, 88 Stat. 274.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 620d(d)(5), 1543(g)(2), and 1595(b) of this title,
    referred to in text, was in the original a reference to "section
    205(b) and 205(d) of this title", meaning section 205(b) and (d) of
    title II of Pub. L. 93-320. Section 205(b)(1) is classified to
    section 1595(b) of this title; section 205(b)(2) amended section
    403(g) of the Colorado River Basis Project Act by inserting a new
    par. (2), which is classified to section 1543(g)(2) of this title;
    and section 205(d) amended section 5(d) of the Colorado River
    Storage Project Act by inserting a new par. (5), which is
    classified to section 620d(d)(5) of this title.
      This subchapter, referred to in text, was in the original "this
    title", meaning title II of Pub. L. 93-320, which enacted this
    subchapter and amended sections 1620d(d) and 1543(g) of this title.
    For complete classification of title II to the Code, see Tables.
      The Colorado River Basin Project Act, referred to in text, is
    Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is
    classified principally to chapter 32 (Sec. 1501 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1501 of this title and
    Tables.
      The Colorado River Storage Project Act, referred to in text, is
    act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which is
    classified generally to chapter 12B (Sec. 620 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 620 of this title and
    Tables.
      The Colorado River Compact (45 Stat. 1057), the Upper Colorado
    River Basin Compact (63 Stat. 31), and the Water Treaty of 1944,
    referred to in text, are not classified to the Code.
      The Boulder Canyon Project Act, referred to in text, is act Dec.
    21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified
    generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this
    title. For complete classification of this Act to the Code, see
    section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in text,
    is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is
    classified generally to subchapter II (Sec. 618 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 618o of this title and Tables.
      Section 6 of the Fryingpan-Arkansas Project Act [43 U.S.C. 616e]
    and section 15 of the Navajo Indian irrigation project and initial
    stage of the San Juan-Chama Project Act [43 U.S.C. 615ww], referred
    to in text, were omitted from the Code.
      The National Environmental Policy Act of 1969, referred to in
    text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
    which is classified generally to chapter 55 (Sec. 4321 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The Federal Water Pollution Control Act, as amended, referred to
    in text, is act June 30, 1948, ch. 758, as amended generally by
    Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
    classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
    Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.

-End-

-CITE-
    43 USC Sec. 1598                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1598. Achieving project objectives

-STATUTE-
    (a) Modification of projects
      The Secretary is authorized to provide for modifications of the
    projects authorized by this subchapter as determined to be
    appropriate for purposes of meeting the objective of this
    subchapter. No funds for any such modification shall be expended
    until the expiration of sixty days after the proposed modification
    has been submitted to appropriate committees of the Congress,
    except that funds may be expended prior to the expiration of such
    sixty days in any case in which the Congress approves an earlier
    date by concurrent resolution. The Governors of the Colorado River
    Basin States shall be notified of these changes.
    (b) Contract authority; authorization of appropriations
      The Secretary is hereby authorized to enter into contracts that
    he deems necessary to carry out the provisions of this subchapter,
    in advance of the appropriation of funds therefor. There is hereby
    authorized to be appropriated the sum of $125,100,000 for the
    construction of the works and for other purposes authorized in
    section 1592(a) or (b) of this title, based on April 1973 prices,
    plus or minus such amounts as may be justified by reason of
    ordinary fluctuations in costs involved therein, and such sums as
    may be required to operate and maintain such works. The funds
    authorized to be appropriated by this section may be used for
    construction of any or all of the works or portions thereof and for
    other purposes authorized in subsection (a) of this section,
    including measures as provided for in subsection (b) of section
    1592 of this title. There is further authorized to be appropriated
    such sums as may be necessary to pay condemnation awards in excess
    of appraised values and to cover costs required in connection with
    the Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970 [42 U.S.C. 4601 et seq.].
    (c) Implementation of basinwide salinity control program
      In addition to the amounts authorized to be appropriated under
    subsection (b) of this section, there are authorized to be
    appropriated $175,000,000 for section 1592(a) of this title,
    including constructing the works described in paragraph (6) of
    section 1592(a) of this title and carrying out the measures
    described in such paragraph. Notwithstanding subsection (b) of this
    section, the Secretary may implement the program under section
    1592(a)(6) of this title only to the extent and in such amounts as
    are provided in advance in appropriations Acts.

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 208, June 24, 1974, 88 Stat. 274;
    Pub. L. 98-569, Sec. 5, Oct. 30, 1984, 98 Stat. 2939; Pub. L. 104-
    20, Sec. 1(3), July 28, 1995, 109 Stat. 256; Pub. L. 106-459, Sec.
    1, Nov. 7, 2000, 114 Stat. 1987.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91-
    646, Jan. 2, 1971, 84 Stat. 1894, which is classified generally to
    chapter 61 (Sec. 4601 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 4601 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec.(c). Pub. L. 106-459, in first sentence,
    substituted "$175,000,000 for section 1592(a) of this title" for
    "$75,000,000 for subsection 1592(a) of this title" and "paragraph
    (6) of section 1592(a) of this title" for "paragraph 1592(a)(6) of
    this title" and, in second sentence, substituted "section
    1592(a)(6) of this title" for "paragraph 1592(a)(6) of this title".
      1995 - Subsec. (c). Pub. L. 104-20 added subsec. (c).
      1984 - Subsec. (a). Pub. L. 98-569, Sec. 5(a), struck out "and
    not then if disapproved by said committees" before ", except that
    funds may be expended".
      Subsec. (b). Pub. L. 98-569, Sec. 5(b)(1), inserted "(a) or (b)"
    after "1592".
      Pub. L. 98-569, Sec. 5(b)(2), inserted "The funds authorized to
    be appropriated by this section may be used for construction of any
    or all of the works or portions thereof and for other purposes
    authorized in subsection (a) of this section, including measures as
    provided for in subsection (b) of section 1592 of this title."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section
    6 of Pub. L. 98-569, set out as a note under section 1591 of this
    title.

-End-

-CITE-
    43 USC Sec. 1599                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL
    SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-
    Sec. 1599. Definitions

-STATUTE-
      As used in this subchapter - 
        (a) all terms that are defined in the Colorado River Compact
      shall have the meanings therein defined;
        (b) "Colorado River Basin States" means the States of Arizona,
      California, Colorado, Nevada, New Mexico, Utah, and Wyoming.

-SOURCE-
    (Pub. L. 93-320, title II, Sec. 209, June 24, 1974, 88 Stat. 275.)

-End-

-CITE-
    43 USC CHAPTER 32B - COLORADO RIVER FLOODWAY                01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
                   CHAPTER 32B - COLORADO RIVER FLOODWAY               

-MISC1-
    Sec.                                                     
    1600.       Findings and purposes.                                
                  (a)  Findings.                                      
                  (b)  Purpose.                                       
    1600a.      Definitions.                                          
    1600b.      Colorado River Floodway Task Force.                   
                  (a)  Establishment and membership.                  
                  (b)  Charter and operation; reports and
                        recommendations.                              
                  (c)  Termination of task force; report to Secretary
                        and Congressional Committees.                 
    1600c.      Colorado River Floodway.                              
                  (a)  Establishment.                                 
                  (b)  Study of tributary floodflows; determination of
                        Floodway boundary.                            
                  (c)  Review and modification of boundaries; notice
                        and comment; written justification for
                        decision of Secretary.                        
    1600d.      Limitations on Federal expenditures affecting
                 Floodway.                                            
    1600e.      Exceptions.                                           
    1600f.      Certification of compliance.                          
    1600g.      Priority of laws.                                     
    1600h.      Separability.                                         
    1600i.      Reports to Congress.                                  
    1600j.      Federal leases.                                       
                  (a)  Lease of lands owned in whole or in part by
                        United States within Floodway; determination
                        of consistency with operation and maintenance.
                  (b)  Extension of existing leases; minimization of
                        inconsistency with operation and maintenance
                        of Floodway.                                  
                  (c)  Lease of lands owned in whole or in part by
                        United States between Hoover Dam and Davis
                        Dam.                                          
                  (d)  Lease operations on Indian lands.              
                  (e)  Lands held in trust by United States for
                        benefit of Indian tribes or individuals.      
    1600k.      Notices and existing laws.                            
                  (a)  Provisions relating to construction work,
                        liability for damage, etc., on Mississippi
                        River; notice to lessees.                     
                  (b)  National Flood Insurance Act and National Flood
                        Insurance Program; continuation.              
                  (c)  National Flood Insurance Act provisions
                        relating directly to Floodway; notice to
                        communities affected.                         
    1600l.      Authorization of appropriations.                      

-End-

-CITE-
    43 USC Sec. 1600                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600. Findings and purposes

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) there are multiple purposes established by law for the dams
      and other control structures administered by the Secretary of the
      Interior on the Colorado River;
        (2) the maintenance of the Colorado River Floodway established
      in this chapter is essential to accomplish these multiple
      purposes;
        (3) developments within the Floodway are and will continue to
      be vulnerable to damaging flows such as the property damage which
      occurred in 1983 and may occur in the future;
        (4) certain Federal programs which subsidize or permit
      development within the Floodway threaten human life, health,
      property, and natural resources; and
        (5) there is a need for coordinated Federal, State, and local
      action to limit Floodway development.
    (b) Purpose
      The Congress declares that the purposes of this chapter are to - 
        (1) establish the Colorado River Floodway, as designated and
      described further in this chapter, so as to provide benefits to
      river users and to minimize the loss of human life, protect
      health and safety, and minimize damage to property and natural
      resources by restricting future Federal expenditures and
      financial assistance, except public health funds, which have the
      effect of encouraging development within the Colorado River
      Floodway; and
        (2) establish a task force to advise the Secretary of the
      Interior and the Congress on establishment of the Floodway and on
      managing existing and future development within the Floodway,
      including the appropriateness of compensation in specified cases
      of extraordinary hardship.

-SOURCE-
    (Pub. L. 99-450, Sec. 2, Oct. 8, 1986, 100 Stat. 1129.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 99-450, Oct. 8, 1986, 100 Stat. 1129, known
    as the Colorado River Floodway Protection Act, which enacted this
    chapter and section 4029 of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out below and Tables.

-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 99-450 provided that: "This Act [enacting
    this chapter and section 4029 of Title 42, The Public Health and
    Welfare] may be cited as the 'Colorado River Floodway Protection
    Act'."

-End-

-CITE-
    43 USC Sec. 1600a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600a. Definitions

-STATUTE-
      (a) The term "Committees" refers to the Committee on Natural
    Resources of the United States House of Representatives and the
    Committee on Environment and Public Works and the Committee on
    Energy and Natural Resources of the United States Senate.
      (b) The term "financial assistance" means any form of loan,
    grant, guaranty, insurance, payment, rebate, subsidy, or any other
    form of direct or indirect Federal assistance other than - 
        (1) general revenue-sharing grants made under section 6702 (!1)
      of title 31;

        (2) deposit or account insurance for customers of banks,
      savings and loan associations, credit unions, or similar
      institutions;
        (3) the purchase of mortgages or loans by the Government
      National Mortgage Association, the Federal National Mortgage
      Association, or the Federal Home Loan Mortgage Corporation;
        (4) assistance for environmental studies, plans, and
      assessments that are required incident to the issuance of permits
      or other authorizations under Federal law; and
        (5) assistance pursuant to programs entirely unrelated to
      development, such as any Federal or federally assisted public
      assistance program or any Federal old-age, survivors, or
      disability insurance program.

    Such term also includes flood insurance described in sections (!2)
    4029(a) and (b) of title 42 on and after the dates on which the
    provisions of those sections (!2) become effective.

      (c) The term "Secretary" means the Secretary of the Interior.
      (d) The term "water district" means any public agency providing
    water service, including water districts, county water districts,
    public utility districts, and irrigation districts.
      (e) The term "Floodway" means the Colorado River Floodway
    established in section 1600c of this title.

-SOURCE-
    (Pub. L. 99-450, Sec. 3, Oct. 8, 1986, 100 Stat. 1129; Pub. L. 103-
    437, Sec. 16(a)(4), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 67 of title 31, including section 6702, referred to in
    subsec. (b)(1), was repealed by Pub. L. 99-272, title XIV, Sec.
    1400(a)(1), Apr. 7, 1986, 100 Stat. 327. See also Codification note
    below.
      The dates on which the provisions of sections 4029(a) and (b) of
    title 42 become effective, referred to in subsec. (b), is Oct. 8,
    1986, the date of enactment of Pub. L. 99-450 which enacted section
    4029(a), (b) of Title 42, The Public Health and Welfare.

-COD-
                               CODIFICATION                           
      In subsec. (b)(1), "section 6702 of title 31" substituted for
    "section 102 of the State and Local Fiscal Assistance Amendments of
    1972 (31 U.S.C. 1221)" on authority of Pub. L. 97-258, Sec. 4(b),
    Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
    Title 31, Money and Finance.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the United
    States House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be in the singular.

-End-

-CITE-
    43 USC Sec. 1600b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600b. Colorado River Floodway Task Force

-STATUTE-
    (a) Establishment and membership
      To advise the Secretary and the Congress there shall be a
    Colorado River Floodway Task Force, which shall include one
    representative of - 
        (1) each State (appointed by the Governor) and Indian
      reservation in which the Floodway is located;
        (2) each county in which the Floodway is located;
        (3) a law enforcement agency from each county in which the
      Floodway is located;
        (4) each water district in which the Floodway is located;
        (5) the cities of Needles, Parker, Blythe, Bullhead City, Yuma,
      Laughlin, Lake Havasu City, Nevada (if and when incorporated),
      and Mojave County, Arizona Supervisor District No. 2 (chosen by,
      but not a member of the Board of Supervisors);
        (6) of the Chamber of Commerce from each county in which the
      Floodway is located;
        (7) the Colorado River Wildlife Council;
        (8) the Army Corps of Engineers;
        (9) the Federal Emergency Management Agency (FEMA);
        (10) the Department of Agriculture;
        (11) the Department of the Interior; and
        (12) the Department of State.
    (b) Charter and operation; reports and recommendations
      The task force shall be chartered and operate under the
    provisions of the Federal Advisory Committee Act (Public Law 92-
    463; 5 U.S.C. App.) and shall prepare recommendations concerning
    the Colorado River Floodway, which recommendations shall deal with:
        (1) the means to restore and maintain the Floodway specified in
      section 1600c of this title, including, but not limited to,
      specific instances where land transfers or relocations, or other
      changes in land management, might best effect the purposes of
      this chapter;
        (2) the necessity for additional Floodway management
      legislation at local, tribal, State, and Federal levels;
        (3) the development of specific design criteria for the
      creation of the Floodway boundaries;
        (4) the review of mapping procedures for Floodway boundaries;
        (5) whether compensation should be recommended in specific
      cases of economic hardship resulting from impacts of the 1983
      flood on property outside the Floodway which could not reasonably
      have been foreseen; and
        (6) the potential application of the Floodway on Indian lands
      and recommended legislation or regulations that might be needed
      to achieve the purposes of the Floodway taking into consideration
      the special Federal status of Indian lands.
    (c) Termination of task force; report to Secretary and
      Congressional Committees
      The task force shall exist for at least one year after October 8,
    1986, or until such time as the Secretary has filed with the
    Committees the maps described in section 1600c(b)(2) (!1) of this
    title. The task force shall file its report with the Secretary and
    the Committees within nine months after October 8, 1986.

-SOURCE-
    (Pub. L. 99-450, Sec. 4, Oct. 8, 1986, 100 Stat. 1130.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (b),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      Section 1600c(b)(2) of this title, referred to in subsec. (c),
    was struck out and former subsec. (b)(1)(ii) of section 1600c
    redesignated subsec. (b)(2) of section 1600c by Pub. L. 105-362,
    title IX, Sec. 901(d)(1), Nov. 10, 1998, 112 Stat. 3289. As so
    amended, section 1600c(b)(2) no longer relates to maps required to
    be prepared and filed by the Secretary.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see sections 313(1), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1600c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600c. Colorado River Floodway

-STATUTE-
    (a) Establishment
      There is established the Colorado River Floodway as identified
    and generally depicted on maps that are to be submitted by the
    Secretary.
    (b) Study of tributary floodflows; determination of Floodway
      boundary
      Within eighteen months after October 8, 1986, the Secretary, in
    consultation with the seven Colorado River Basin States,
    represented by persons designated by the Governors of those States,
    the Colorado River Floodway Task Force, and any other interested
    parties shall:
        (1) complete a study of the tributary floodflows downstream of
      Davis Dam;
        (2) define the specific boundaries of the Colorado River
      Floodway so that the Floodway can accommodate either a one-in-one
      hundred year river flow consisting of controlled releases and
      tributary inflow, or a flow of forty thousand cubic feet per
      second (cfs), whichever is greater, from below Davis Dam to the
      Southerly International Boundary between the United States of
      America and the Republic of Mexico.
    (c) Review and modification of boundaries; notice and comment;
      written justification for decision of Secretary
      (1) The Secretary shall conduct, at least once every five years,
    a review of the Colorado River Floodway and make, after notice to
    and in consultation with appropriate chief executive officers of
    States, counties, municipalities, water districts, Indian tribes,
    or equivalent jurisdictions in which the Floodway is located, and
    others, such minor and technical modifications to the boundaries of
    the Floodway as are necessary solely to reflect changes that have
    occurred in the size or location of any portion of the floodplain
    as a result of natural forces, and as necessary pursuant to
    subsection (c) of section 1600e of this title.
      (2) If, in the case of any minor and technical modification to
    the boundaries of the Floodway made under the authority of this
    subsection, an appropriate chief executive officer of a State,
    county, municipality, water district, Indian tribe, or equivalent
    jurisdiction, to which notice was given in accordance with this
    subsection files comments disagreeing with all or part of the
    modification and the Secretary makes a modification which is in
    conflict with such comments, the Secretary shall submit to the
    chief executive officer a written justification for his failure to
    make modifications consistent with such comments or proposals.

-SOURCE-
    (Pub. L. 99-450, Sec. 5, Oct. 8, 1986, 100 Stat. 1131; Pub. L. 105-
    362, title IX, Sec. 901(d), Nov. 10, 1998, 112 Stat. 3289.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-362, Sec. 901(d)(1), struck out
    par. (1) designation, redesignated cls. (i) and (ii) of former par.
    (1) as pars. (1) and (2), respectively, and struck out former pars.
    (2) and (3) which related to preparation and filing of maps with
    congressional committees, Federal, State, and local government
    agencies, and federally insured financial institutions.
      Subsec. (c)(1). Pub. L. 105-362, Sec. 901(d)(2), substituted
    "appropriate chief executive officers of States, counties,
    municipalities, water districts, Indian tribes, or equivalent
    jurisdictions in which the Floodway is located," for "the
    appropriate officers referred to in paragraph (3) of subsection (b)
    of this section,".

-End-

-CITE-
    43 USC Sec. 1600d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600d. Limitations on Federal expenditures affecting Floodway

-STATUTE-
      (a) Except as provided in section 1600e of this title, no new
    expenditures or new financial assistance may be made available
    under authority of any Federal law for any purpose within the
    Floodway established under section 1600c of this title.
      (b) An expenditure or financial assistance made available under
    authority of Federal law shall, for purposes of this chapter, be a
    new expenditure or new financial assistance if - 
        (1) in any case with respect to which specific appropriations
      are required, no money for construction or purchase purposes was
      appropriated before October 8, 1986; or
        (2) no legally binding commitment for the expenditure or
      financial assistance was made before October 8, 1986.

-SOURCE-
    (Pub. L. 99-450, Sec. 6, Oct. 8, 1986, 100 Stat. 1132.)

-End-

-CITE-
    43 USC Sec. 1600e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600e. Exceptions

-STATUTE-
      Notwithstanding section 1600d of this title, the appropriate
    Federal officer, after consultation with the Secretary, may make
    Federal expenditures or financial assistance available within the
    Colorado River Floodway for - 
        (a) any dam, channel or levee construction, operation or
      maintenance for the purpose of flood control, water conservation,
      power or water quality;
        (b) other remedial or corrective actions, including but not
      limited to drainage facilities essential to assist in controlling
      adjacent high ground water conditions caused by flood flows;
        (c) the maintenance, replacement, reconstruction, repair, and
      expansion, of publicly or tribally owned or operated roads,
      structures (including bridges), or facilities: Provided, That, no
      such expansion shall be permitted unless - 
          (1) the expansion is designed and built in accordance with
        the procedures and standards established in section 650.101 of
        title 23, Code of Federal Regulations, and the following as
        they may be amended from time to time; and
          (2) the boundaries of the Floodway are adjusted to account
        for changes in flows caused, directly or indirectly, by the
        expansion;

        (d) military activities essential to national security;
        (e) any of the following actions or projects, but only if the
      Secretary finds that the making available of expenditures or
      assistance therefor is consistent with the purposes of this
      chapter:
          (1) projects for the study, management, protection and
        enhancement of fish and wildlife resources and habitats,
        including, but not limited to, acquisition of fish and wildlife
        habitats and related lands, stabilization projects for fish and
        wildlife habitats, and recreational projects;
          (2) the establishment, operation, and maintenance of air and
        water navigation aids and devices, and for access thereto;
          (3) projects eligible for funding under the Land and Water
        Conservation Fund Act of 1965 (16 U.S.C. 460l-4 through 11);
          (4) scientific research, including but not limited to
        aeronautical, atmospheric, space, geologic, marine, fish and
        wildlife and other research, development, and applications;
          (5) assistance for emergency actions essential to the saving
        of lives and the protection of property and the public health
        and safety, if such actions are performed pursuant to sections
        305 and 306 of the Disaster Relief Act of 1974 (!1) (42 U.S.C.
        5145 and 5146) and are limited to actions that are necessary to
        alleviate the emergency. Disaster assistance under other
        provisions of the Disaster Relief Act of 1974 (!1) (Public Law
        93-288, as amended) [42 U.S.C. 5121 et seq.] may also be
        provided with respect to persons residing within the Floodway,
        or structures or public infrastructure in existence or
        substantially under construction therein, on the date ninety
        days after October 8, 1986: Provided, That, such persons, or
        with respect to public infrastructure the State or local
        political entity which owns or controls such infrastructure,
        had purchased flood insurance for structures or infrastructure
        under the National Flood Insurance Program, if eligible, and
        had taken prudent and reasonable steps, as determined by the
        Director of the Federal Emergency Management Agency, to
        minimize damage from future floods or operations of the
        Floodway established in the chapter;

          (6) other assistance for public health purposes, such as
        mosquito abatement programs;
          (7) nonstructural projects for riverbank stabilization that
        are designed to enhance or restore natural stabilization
        systems;
          (8) publicly or tribally financed, owned and operated
        compatible recreational developments such as regional parks,
        golf courses, docks, boat launching ramps (including steamboat
        and ferry landings), including compatible recreation uses and
        accompanying utility or interpretive improvements which are
        essential or closely related to the purpose of restoring the
        accuracy of a National Historical Landmark and which meet best
        engineering practices considering the nature of Floodway
        conditions;
          (9) compatible agricultural uses that do not involve
        permanent crops and include only a minimal amount of permanent
        facilities in the Floodway.

-SOURCE-
    (Pub. L. 99-450, Sec. 7, Oct. 8, 1986, 100 Stat. 1132.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
    4 through 11), referred to in subsec. (e)(3), is Pub. L. 88-578,
    Sept. 3, 1964, 78 Stat. 897, as amended, which is classified
    generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of
    chapter 1 of Title 16, Conservation. For complete classification of
    this Act to the Code, see Short Title note set out under section
    460l-4 of Title 16 and Tables.
      The Disaster Relief Act of 1974, referred to in subsec. (e)(5),
    is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is
    classified principally to chapter 68 (Sec. 5121 et seq.) of Title
    42, The Public Health and Welfare. The 1974 Act was renamed "The
    Robert T. Stafford Disaster Relief and Emergency Assistance Act",
    and was substantially revised by Pub. L. 100-707, Nov. 23, 1988,
    102 Stat. 4689. Section 102(b) of Pub. L. 100-707 provided that a
    reference in any other law to a provision of the Disaster Relief
    Act of 1974 shall be deemed to be a reference to such provision of
    the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act. The Act was renamed the "Robert T. Stafford Disaster Relief
    and Emergency Assistance Act" by Pub. L. 106-390, title III, Sec.
    301, Oct. 30, 2000, 1114 Stat. 1572. Section 105(d) of Pub. L. 100-
    707 repealed sections 305 and 306 of the Act (42 U.S.C. 5145 and
    5146) and redesignated sections 308 and 309 of the Act (42 U.S.C.
    5148 and 5149), and any references thereto, as sections 305 and
    306, respectively. For corresponding provisions to former sections
    305 and 306 of the Act, see sections 5170a, 5170b, and 5192 of
    Title 42. For complete classification of this Act to the Code, see
    Short Title note set out under section 5121 of Title 42 and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see sections 313(1), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1600f                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600f. Certification of compliance

-STATUTE-
      The Secretary of the Interior shall, on behalf of each Federal
    agency concerned, make written certification that each agency has
    complied with the provisions of this chapter during each fiscal
    year beginning after September 30, 1985. Such certification shall
    be submitted on an annual basis to the United States House of
    Representatives and the United States Senate on or before January
    15 of each fiscal year.

-SOURCE-
    (Pub. L. 99-450, Sec. 8, Oct. 8, 1986, 100 Stat. 1134.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section relating to the requirement that the Secretary submit
    written certifications on an annual basis to the United States
    House of Representatives and the United States Senate, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and the 6th item on page 113
    of House Document No. 103-7.

-End-

-CITE-
    43 USC Sec. 1600g                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600g. Priority of laws

-STATUTE-
      Nothing contained in this chapter shall be construed to alter,
    amend, repeal, modify, interpret, or be in conflict with the
    provisions of the Colorado River Compact (45 Stat. 1057), the Upper
    Colorado River Basin Compact (63 Stat. 31), the Water Treaty of
    1944 with the United Mexican States (Treaty Series 944, 59 Stat.
    1219), the Flood Control Act of 1944 (58 Stat. 887), the decree
    entered by the Supreme Court of the United States in Arizona v.
    California, and others (376 U.S. 340), the Boulder Canyon Project
    Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], the Boulder Canyon
    Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) [43 U.S.C.
    618 et seq.], the Colorado River Storage Project Act (70 Stat. 105;
    43 U.S.C. 620) [43 U.S.C. 620 et seq.], the Colorado River Basin
    Project Act (82 Stat. 885; 43 U.S.C. 1501) [43 U.S.C. 1501 et
    seq.]. Furthermore, nothing contained in this chapter shall be
    construed as indicating an intent on the part of the Congress to
    change the existing relationship of other Federal laws to the law
    of a State, or a political subdivision of a State, or to relieve
    any person of any obligation imposed by any law of any State,
    tribe, or political subdivision of a State. No provision of this
    chapter shall be construed to invalidate any provision of State,
    tribal, or local law unless there is a direct conflict between such
    provision and the law of the State, or political subdivision of the
    State or tribe, so that the two cannot be reconciled or
    consistently stand together. Inconsistencies shall be reviewed by
    the task force, and the task force shall make recommendations
    concerning such local laws. This chapter shall in no way be
    interpreted to interfere with a State's or tribe's right to
    protect, rehabilitate, preserve, and restore lands within its
    established boundary.

-SOURCE-
    (Pub. L. 99-450, Sec. 9, Oct. 8, 1986, 100 Stat. 1134.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Colorado River Compact (45 Stat. 1057), the Upper Colorado
    River Basin Compact (63 Stat. 31), and the Water Treaty of 1944,
    referred to in text, are not classified to the Code.
      The Flood Control Act of 1944, referred to in text, is act Dec.
    22, 1944, ch. 665, 58 Stat. 887, as amended, which enacted section
    390 of this title, sections 460d and 825s of Title 16,
    Conservation, and sections 701-1, 701a-1, 708, and 709 of Title 33,
    Navigation and Navigable Waters, and enacted provisions set out as
    notes under sections 701c, 701f, and 701j of Title 33. For complete
    classification of this Act to the Code, see Tables.
      The Boulder Canyon Project Act, referred to in text, is act Dec.
    21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified
    generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this
    title. For complete classification of this Act to the Code, see
    section 617t of this title and Tables.
      The Boulder Canyon Project Adjustment Act, referred to in text,
    is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is
    classified generally to subchapter II (Sec. 618 et seq.) of chapter
    12A of this title. For complete classification of this Act to the
    Code, see section 618o of this title and Tables.
      The Colorado River Storage Project Act, referred to in text, is
    act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which is
    classified generally to chapter 12B (Sec. 620 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 620 of this title and
    Tables.
      The Colorado River Basin Project Act, referred to in text, is
    Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is
    classified principally to chapter 32 (Sec. 1501 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1501 of this title and
    Tables.

-End-

-CITE-
    43 USC Sec. 1600h                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600h. Separability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstances is held invalid, the remainder of the
    chapter and the application of such provision to other persons not
    similarly situated or to other circumstances shall not be affected
    thereby.

-SOURCE-
    (Pub. L. 99-450, Sec. 10, Oct. 8, 1986, 100 Stat. 1134.)

-End-

-CITE-
    43 USC Sec. 1600i                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600i. Reports to Congress

-STATUTE-
      Within one year after October 8, 1986, the Secretary shall
    prepare and submit to the Committees a report regarding the
    Colorado River Floodway, the task force's report, and the
    Secretary's recommendations with respect to the objectives outlined
    in section 1600b(b) of this title. In making his report, the
    Secretary shall analyze the effects of this chapter on the economic
    development of the Indian tribes whose lands are located within the
    Floodway.

-SOURCE-
    (Pub. L. 99-450, Sec. 11, Oct. 8, 1986, 100 Stat. 1134.)

-End-

-CITE-
    43 USC Sec. 1600j                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600j. Federal leases

-STATUTE-
    (a) Lease of lands owned in whole or in part by United States
      within Floodway; determination of consistency with operation and
      maintenance
      No lease of lands owned in whole or in part by the United States
    and within the Colorado River Floodway shall be granted after
    October 8, 1986, unless the Secretary determines that such lease
    would be consistent with the operation and maintenance of the
    Colorado River Floodway.
    (b) Extension of existing leases; minimization of inconsistency
      with operation and maintenance of Floodway
      No existing lease of lands owned in whole or in part by the
    United States and within the Colorado River Floodway shall be
    extended beyond October 8, 1986, or the stated expiration date of
    its current term, whichever is later, unless the lessee agrees to
    take reasonable and prudent steps determined to be necessary by the
    Secretary to minimize the inconsistency of operation under such
    lease with the operation and maintenance of the Colorado River
    Floodway.
    (c) Lease of lands owned in whole or in part by United States
      between Hoover Dam and Davis Dam
      No lease of lands owned in whole or part by the United States
    between Hoover Dam and Davis Dam below elevation 655.0 feet on Lake
    Mohave shall be granted unless the Secretary determines that such
    lease would be consistent with the operation of Lake Mohave.
    (d) Lease operations on Indian lands
      The provisions of subsections (a) and (b) of this section shall
    not apply to lease operations on Indian lands pursuant to a lease
    providing for activities which are exempted under section 1600e of
    this title.
    (e) Lands held in trust by United States for benefit of Indian
      tribes or individuals
      Subsections (a) and (b) of this section shall not apply to lands
    held in trust by the United States for the benefit of any Indian
    tribe or individual with respect to any lease where capital
    improvements, and operation and maintenance costs are not provided
    for by Federal financial assistance if the lessee, tribe, or
    individual has provided insurance or other security for the benefit
    of the Secretary sufficient to insure against all reasonably
    forseeable,(!1) direct, and consequential damages to the property
    of the tribe, private persons, and the United States, which may
    result from the proposed lease.

-SOURCE-
    (Pub. L. 99-450, Sec. 13, Oct. 8, 1986, 100 Stat. 1135.)

-FOOTNOTE-
    (!1) So in original. Probably should be "foreseeable,".

-End-

-CITE-
    43 USC Sec. 1600k                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600k. Notices and existing laws

-STATUTE-
    (a) Provisions relating to construction work, liability for damage,
      etc., on Mississippi River; notice to lessees
      (1) Nothing in this chapter shall alter or affect in any way the
    provisions of section 702c of title 33.
      (2) The Secretary shall provide notice of the provisions of
    section 702c of title 33 and this chapter to all existing and
    prospective lessees of lands leased by the United States and within
    the Colorado River Floodway.
    (b) National Flood Insurance Act and National Flood Insurance
      Program; continuation
      Except as otherwise specifically provided in this chapter, all
    provisions of the National Flood Insurance Act of 1968, as amended
    [42 U.S.C. 4001 et seq.], and requirements of the National Flood
    Insurance Program ("NFIP") shall continue in full force and effect
    within areas wholly or partially within the Colorado River
    Floodway. Any maps or other information required to be prepared by
    this chapter shall be used to the maximum extent practicable to
    support implementation of the NFIP.
    (c) National Flood Insurance Act provisions relating directly to
      Floodway; notice to communities affected
      The Secretary shall publish notice on three successive occasions
    in newspapers of general circulation in communities affected by the
    provisions of section 4029 of title 42.

-SOURCE-
    (Pub. L. 99-450, Sec. 14, Oct. 8, 1986, 100 Stat. 1136.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Flood Insurance Act of 1968, referred to in subsec.
    (b), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572,
    as amended, which is classified principally to chapter 50 (Sec.
    4001 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 4001 of Title 42 and Tables.

-End-

-CITE-
    43 USC Sec. 1600l                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-
    Sec. 1600l. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to the Department of the
    Interior $600,000, through the end of fiscal year 1990, in addition
    to any other funds now available to the Department to discharge its
    duties to implement sections 1600b to 1600k of this title and
    section 4029 of title 42: Provided, That by mutual agreement, such
    funds shall be made available to the Federal Emergency Management
    Agency to discharge its duties under section 4029 of title 42:
    Provided further, That the provisions of sections 1600d and 1600e
    of this title shall not be affected by this section: And Provided
    further, in addition, Indian tribes may be eligible under Public
    Law 93-638 [25 U.S.C. 450 et seq.] to contract for studies of
    Indian lands required under the provisions of this chapter.

-SOURCE-
    (Pub. L. 99-450, Sec. 15, Oct. 8, 1986, 100 Stat. 1136.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 93-638, referred to in text, is Pub. L. 93-638, Jan.
    4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-
    Determination and Education Assistance Act, which is classified
    principally to subchapter II (Sec. 450 et seq.) of chapter 14 of
    Title 25, Indians. For complete classification of this Act to the
    Code, see Short Title note set out under section 450 of Title 25
    and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see sections 313(1), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.

-End-

-CITE-
    43 USC CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
               CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT           

-MISC1-
    Sec.                                                    
    1601.       Congressional findings and declaration of policy.     
    1602.       Definitions.                                          
    1603.       Declaration of settlement.                            
                  (a)  Aboriginal title extinguishment through prior
                        land and water area conveyances.              
                  (b)  Aboriginal title and claim extinguishment where
                        based on use and occupancy; submerged lands
                        underneath inland and offshore water areas and
                        hunting or fishing rights included.           
                  (c)  Aboriginal claim extinguishment where based on
                        right, title, use, or occupancy of land or
                        water areas; domestic statute or treaty
                        relating to use and occupancy; or foreign
                        laws; pending claims.                         
    1604.       Enrollment.                                           
                  (a)  Eligible Natives; finality of decision.        
                  (b)  Residence; order of priority in enrollment of
                        Natives not permanent residents; regional
                        family or hardship enrollment.                
                  (c)  Election of enrollment in thirteenth region, if
                        established, of Native nonresidents; dependent
                        household members as bound.                   
    1605.       Alaska Native Fund.                                   
                  (a)  Establishment in Treasury; deposits into Fund
                        of general fund, interest, and revenue sharing
                        moneys.                                       
                  (b)  Prohibition of expenditures for propaganda or
                        political campaigns; misdemeanor; penalty.    
                  (c)  Distribution of Fund moneys among organized
                        Regional Corporations; basis as relative
                        number of Native enrollees in each region;
                        reserve for payment of attorney and other
                        fees; retention of share in Fund until
                        organization of corporation.                  
    1606.       Regional Corporations.                                
                  (a)  Division of Alaska into twelve geographic
                        regions; common heritage and common interest
                        of region; area of region commensurate with
                        operations of Native association; boundary
                        disputes, arbitration.                        
                  (b)  Region mergers; limitation.                    
                  (c)  Establishment of thirteenth region for
                        nonresident Natives; majority vote; Regional
                        Corporation for thirteenth region.            
                  (d)  Incorporation; business for profit; eligibility
                        for benefits; provisions in articles for
                        carrying out chapter.                         
                  (e)  Original articles and bylaws: approval by
                        Secretary prior to filing, submission for
                        approval; amendments to articles: approval by
                        Secretary; withholding approval in event of
                        creation of inequities among Native
                        individuals or groups.                        
                  (f)  Board of directors; management; stockholders;
                        provisions in articles or bylaws for number,
                        term, and method of election.                 
                  (g)  Issuance of stock.                             
                  (h)  Settlement Common Stock.                       
                  (i)  Certain natural resource revenues; distribution
                        among twelve Regional Corporations;
                        computation of amount; subsection inapplicable
                        to thirteenth Regional Corporation; exclusion
                        from revenues.                                
                  (j)  Corporate funds and other net income,
                        distribution among: stockholders of Regional
                        Corporations; Village Corporations and
                        nonresident stockholders; and stockholders of
                        thirteenth Regional Corporation.              
                  (k)  Distributions among Village Corporations;
                        computation of amount.                        
                  (l)  Distributions to Village Corporations; village
                        plan: withholding funds until submission of
                        plan for use of money; joint ventures and
                        joint financing of projects; disagreements,
                        arbitration of issues as provided in articles
                        of Regional Corporation.                      
                  (m)  Distributions among Village Corporations in a
                        region; computation of dividends for
                        nonresidents of village; financing regional
                        projects with equitably withheld dividends and
                        Village Corporation funds.                    
                  (n)  Projects for Village Corporations.             
                  (o)  Annual audit; place; availability of papers,
                        things, or property to auditors to facilitate
                        audits; verification of transactions; report
                        to stockholders.                              
                  (p)  Federal-State conflict of laws.                
                  (q)  Business management group; investment services
                        contracts.                                    
                  (r)  Benefits for shareholders or immediate
                        families.                                     
    1607.       Village Corporations.                                 
                  (a)  Organization of Corporation prerequisite to
                        receipt of patent to lands or benefits under
                        chapter.                                      
                  (b)  Regional Corporation: approval of initial
                        articles; review and approval of amendments to
                        articles and annual budgets; assistance in
                        preparation of articles and other documents.  
                  (c)  Applicability of section 1606.                 
    1608.       Revenue sharing.                                      
                  (a)  Minerals within section.                       
                  (b)  Interim payments into Alaska Native Fund based
                        on percentage of gross value of produced or
                        removed minerals and of rentals and bonuses;
                        time of payment.                              
                  (c)  Patents; royalties: reservation of percentage
                        of gross value of produced or removed minerals
                        and of rentals and bonuses from disposition of
                        minerals.                                     
                  (d)  Distribution of bonuses, rentals, and royalties
                        from Federal disposition of minerals in public
                        lands; payments into Alaska Native Fund based
                        on percentage of gross value of produced
                        minerals and of rentals and bonuses; Federal
                        and State share calculation on remaining
                        balance.                                      
                  (e)  Federal enforcement; State underpayment:
                        deductions from grants-in-aid or other Federal
                        assistance equal to underpayment and deposit
                        of such amount in Fund.                       
                  (f)  Oil and gas revenues; amount payable equal to
                        Federal or State royalties in cash or kind.   
                  (g)  Alaska Native Fund payments; cessation;
                        reimbursement for advance payments.           
                  (h)  Final payment; order of computation.           
                  (i)  Outer Continental Shelf mineral revenues;
                        provisions of section inapplicable.           
    1609.       Limitation of actions.                                
                  (a)  Complaint, time for filing; jurisdiction;
                        commencement by State official; certainty and
                        finality of vested rights, titles, and
                        interests.                                    
                  (b)  Land selection; suspension and extension of
                        rights.                                       
    1610.       Withdrawal of public lands.                           
                  (a)  Description of withdrawn public lands;
                        exceptions; National Wildlife Refuge lands
                        exception; time of withdrawal.                
                  (b)  List of Native villages subject to chapter;
                        review; eligibility for benefits; expiration
                        of withdrawals for villages; alternative
                        eligibility; eligibility of unlisted villages.
    1611.       Native land selections.                               
                  (a)  Acreage limitation; proximity of selections and
                        size of sections and units; waiver.           
                  (b)  Allocation; reallocation considerations.       
                  (c)  Computation.                                   
                  (d)  Village Corporation for Native village at Dutch
                        Harbor; lands and improvements and patent for
                        Village Corporation.                          
                  (e)  Disputes over land selection rights and
                        boundaries; arbitration.                      
                  (f)  Combining entitlements and reallocations.      
    1612.       Surveys.                                              
                  (a)  Areas for conveyance to Village Corporations;
                        monumentation of exterior boundaries;
                        meanderable water boundaries exempt from
                        requirement; land occupied as primary place of
                        residence or business, or for other purposes
                        and other patentable lands as subject to
                        survey.                                       
                  (b)  Withdrawals, selections, and conveyances
                        pursuant to chapter: current plats of surveys
                        or protraction diagrams; conformity to Land
                        Survey System.                                
    1613.       Conveyance of lands.                                  
                  (a)  Native villages listed in section 1610 and
                        qualified for land benefits; patents for
                        surface estates; issuance; acreage.           
                  (b)  Native villages listed in section 1615 and
                        qualified for land benefits; patents for
                        surface estates; issuance; acreage.           
                  (c)  Patent requirements; order of conveyance;
                        vesting date; advisory and appellate functions
                        of Regional Corporations on sales, leases, or
                        other transactions prior to final commitment. 
                  (d)  Rule of approximation with respect to acreage
                        limitations.                                  
                  (e)  Surface and/or subsurface estates to Regional
                        Corporations.                                 
                  (f)  Patents to Village Corporations for surface
                        estates and to Regional Corporations for
                        subsurface estates; excepted lands; mineral
                        rights, consent of Village Corporations.      
                  (g)  Valid existing rights preserved; saving
                        provisions in patents; patentee rights;
                        administration; proportionate rights of
                        patentee.                                     
                  (h)  Authorization for land conveyances; surface and
                        subsurface estates.                           
    1614.       Timber sale contracts; modification; timber from
                 contingency area.                                    
    1615.       Withdrawal and selection of public lands; funds in
                 lieu of acreage.                                     
                  (a)  Withdrawal of public lands; list of Native
                        villages.                                     
                  (b)  Native land selections; Village Corporations
                        for listed Native villages; acreage; proximity
                        of selections; conformity to Lands Survey
                        System.                                       
                  (c)  Tlingit-Haida settlement.                      
                  (d)  Withdrawal of lands for selection for village
                        of Klukwan; benefits under this chapter;
                        existing entitlements; forest reserves;
                        quitclaims to Chilkat Indian Village;
                        location, character, and value of lands to be
                        withdrawn; withdrawal and selection periods;
                        nonwithdrawal of lands selected or nominated
                        for selection by other Native Corporation or
                        located on Admiralty Island.                  
    1616.       Joint Federal-State Land Use Planning Commission for
                 Alaska.                                              
                  (a), (b) Omitted.                                   
                  (c)  Prohibition against selection of lands from
                        withdrawn area in event of withdrawal of
                        utility and transportation corridor across
                        public lands.                                 
                  (d)  Public Land Order Numbered 4582 revoked;
                        withdrawal of unreserved public lands;
                        classification and reclassification of lands;
                        opening lands to appropriation;
                        administration; contracting and other
                        authority of Secretary not impaired by
                        withdrawal.                                   
    1617.       Revocation of Indian allotment authority in Alaska.   
                  (a)  Revocation of authority.                       
                  (b)  Charging allotment against statutory grant.    
                  (c)  Relocation of allotment.                       
                  (d)  Correction of conveyance documents.            
                  (e)  Native allotment revisions on land selected by
                        or conveyed to a Native Corporation.          
                  (f)  Reinstatements and reconstructions.            
    1618.       Revocation of reserved rights; excepted reserve;
                 acquisition of title to surface and subsurface
                 estates in reserve; election of Village Corporations;
                 restoration of land to Elim Native Corporation.      
                  (a)  Revocation of reserved rights; excepted
                        reserve.                                      
                  (b)  Acquisition of title to surface and subsurface
                        estates in reserve; election of Village
                        Corporations.                                 
                  (c)  Restoration of land to Elim Native Corporation.
    1619.       Attorney and consultant fees.                         
                  (a)  Holding moneys in Fund for authorized payments.
                  (b)  Claims; submission.                            
                  (c)  Filing date for filing of claims; form;
                        information.                                  
                  (d)  Rules for receipt, determination, and
                        settlement of claims.                         
                  (e)  Report to Congress; payment of claims; interest
                        restriction.                                  
                  (f)  Contract restriction; penalty.                 
                  (g)  Claims for costs in performance of certain
                        services: submission, form, information,
                        reasonableness, pro rata reductions; report to
                        Congress; payment of claims; interest
                        restriction.                                  
    1620.       Taxation.                                             
                  (a)  Fund revenues exemption; investment income
                        taxable.                                      
                  (b)  Shares of stock exemption.                     
                  (c)  Land or land interests exemption; basis for
                        sale or other disposition, adjustment; basis
                        for interest in mine, well, other natural
                        deposit, or block of timber, adjustment.      
                  (d)  Real property interests; exemption period for
                        conveyance of interests not developed or
                        leased or interests used solely for
                        exploration, interests taxable; derivative
                        revenues taxable; exchanges; simultaneous
                        exchanges.                                    
                  (e)  Public lands status of real property interests
                        exempt from real estate taxes for purposes of
                        Federal highway and education laws; Federal
                        fire protection services for real property
                        interests without cost.                       
                  (f)  Stocks of Regional and Village Corporations
                        exempt from estate taxes; period of exemption.
                  (g)  Resource information or analysis; professional
                        or technical services.                        
                  (h)  Date of incorporation as date of trade or
                        business; ordinary and necessary expenses.    
                  (i)  Personal Holding Company Act exemption.        
                  (j)  Shareholder homesites.                         
    1621.       Miscellaneous provisions.                             
                  (a)  Contract restrictions; percentage fee;
                        enforcement; liens, executions, or judgments. 
                  (b)  Patents for homesteads, headquarters sites,
                        trade and manufacturing sites, or small tract
                        sites; use and occupancy protection.          
                  (c)  Mining claims; possessory rights, protection.  
                  (d)  Purchase restrictions for personnel
                        inapplicable to chapter.                      
                  (e)  National Wildlife Refuge System; replacement
                        lands.                                        
                  (f)  Land exchanges.                                
                  (g)  National Wildlife Refuge System lands subject
                        of patents; Federal reservation of first
                        refusal rights; provision in patents for
                        continuing application of laws and regulations
                        governing Refuge.                             
                  (h)  Withdrawals of public lands; termination date. 
                  (i)  Administration of withdrawn lands; contracting
                        and other authority of Secretaries not
                        impaired by withdrawal.                       
                  (j)  Interim conveyances and underselections.       
                  (k)  National forest land patents; conditions.      
                  (l)  Land selection limitation; proximity to home
                        rule or first class city and Ketchikan.       
                  (m)  Licenses held by Alaska Native regional
                        corporations.                                 
    1622.       Annual reports to Congress until 1984; submission in
                 1985 of report of status of Natives, summary of
                 actions taken, and recommendations.                  
    1623.       Authorization of appropriations.                      
    1624.       Regulations; issuance; publication in Federal
                 Register.                                            
    1625.       Securities laws exemption.                            
                  (a)  Laws; termination date of exempt status.       
                  (b)  Status of Native Corporations after termination
                        date.                                         
                  (c)  Annual report to shareholders; shareholders of
                        record.                                       
                  (d)  Wholly owned subsidiaries; Settlement Trusts;
                        voluntary registration as Investment Company. 
    1626.       Relation to other programs.                           
                  (a)  Continuing availability of otherwise available
                        governmental programs.                        
                  (b)  Food stamp program.                            
                  (c)  Eligibility for need-based Federal programs.   
                  (d)  Federal Indian programs.                       
                  (e)  Minority and economically disadvantaged status.
                  (f)  Omitted.                                       
                  (g)  Civil Rights Act of 1964.                      
    1627.       Merger of Native corporations.                        
                  (a)  Applicability of State law.                    
                  (b)  Terms and conditions of merger; rights of
                        dissenting shareholders; rights and
                        liabilities of successor corporation.         
                  (c)  Alteration or elimination of dividend rights.  
                  (d)  Approval of merger or consolidation by
                        shareholders.                                 
                  (e)  Conveyance of right to withhold consent to
                        mineral exploration, development, etc., as
                        part of merger or consolidation.              
    1628.       Assignments by Regional Corporations of rights to
                 receive payments from Fund.                          
                  (a)  Recognition by Secretary; scope of recognition.
                  (b)  Nonrecognition by Secretary.                   
                  (c)  Claims against Secretary by stockholders of
                        Regional or Village Corporation for
                        recognition of assignment.                    
    1629.       Cape Krusenstern National Monument land exchange
                 between United States and NANA Regional Corporation,
                 Inc.                                                 
                  (a)  Definitions.                                   
                  (b)  Conveyances of lands and interests in lands.   
                  (c)  Exchange limited to designated lands.          
                  (d)  Easement in and to transportation system lands.
                  (e)  Compliance with local laws.                    
                  (f)  Reconveyance of easement by NANA.              
                  (g)  Construction materials taken from borrow sites
                        within easement.                              
                  (h)  Agreement as governing use of lands.           
                  (i)  use of construction materials from other sites.
                  (j)  Congressional consultation as prerequisite to
                        amendment of Agreement.                       
    1629a.      Relinquishment by NANA Regional Corporation, Inc., of
                 lands compact and contiguous to public lands in Cape
                 Krusenstern National Monument.                       
                  (a)  Terms and conditions.                          
                  (b)  Conveyance of lands to United States.          
                  (c)  Relinquishment of interests under filed
                        selection applications.                       
                  (d)  Termination date.                              
                  (e)  Effect on NANA's selection rights or
                        entitlement to lands.                         
    1629b.      Procedures for considering amendments and resolutions.
                  (a)  Coverage.                                      
                  (b)  Basic procedure.                               
                  (c)  Shareholder petitions.                         
                  (d)  Voting standards.                              
                  (e)  Voting power.                                  
                  (f)  Substantially all of the assets.               
    1629c.      Duration of alienability restrictions.                
                  (a)  General rule.                                  
                  (b)  Opt-out procedure.                             
                  (c)  Recapitalization procedure.                    
                  (d)  Opt-in procedure.                              
    1629d.      Dissenters rights.                                    
                  (a)  Coverage.                                      
                  (b)  Relationship to State procedure.               
                  (c)  Valuation of stock.                            
                  (d)  Form of payment.                               
                  (e)  Dividend adjustment.                           
    1629e.      Settlement Trust option.                              
                  (a)  Conveyance of corporate assets.                
                  (b)  Authority and limitations of a Settlement
                        Trust.                                        
                  (c)  Savings.                                       
    1629f.      Claims arising from contamination of transferred
                 lands.                                               
    1629g.      Open season for certain Alaska Native veterans for
                 allotments.                                          
                  (a)  In general.                                    
                  (b)  Eligible person.                               
                  (c)  Study and report.                              
                  (d)  Definitions.                                   
                  (e)  Regulations.                                   
    1629h.      Kake Tribal Corporation land transfer.                
                  (a)  In general.                                    
                  (b)  Effect on selection totals.                    
                  (c)  Lands subject to exchange.                     
                  (d)  Withdrawal.                                    
                  (e)  Maps.                                          
                  (f)  Watershed management.                          
                  (g)  Effective date.                                
                  (h)  Timber manufacturing; export restriction.      
                  (i)  Authorization of appropriations.               

-End-

-CITE-
    43 USC Sec. 1601                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1601. Congressional findings and declaration of policy

-STATUTE-
      Congress finds and declares that - 
        (a) there is an immediate need for a fair and just settlement
      of all claims by Natives and Native groups of Alaska, based on
      aboriginal land claims;
        (b) the settlement should be accomplished rapidly, with
      certainty, in conformity with the real economic and social needs
      of Natives, without litigation, with maximum participation by
      Natives in decisions affecting their rights and property, without
      establishing any permanent racially defined institutions, rights,
      privileges, or obligations, without creating a reservation system
      or lengthy wardship or trusteeship, and without adding to the
      categories of property and institutions enjoying special tax
      privileges or to the legislation establishing special
      relationships between the United States Government and the State
      of Alaska;
        (c) no provision of this chapter shall replace or diminish any
      right, privilege, or obligation of Natives as citizens of the
      United States or of Alaska, or relieve, replace, or diminish any
      obligation of the United States or of the State or Alaska to
      protect and promote the rights or welfare of Natives as citizens
      of the United States or of Alaska; the Secretary is authorized
      and directed, together with other appropriate agencies of the
      United States Government, to make a study of all Federal programs
      primarily designed to benefit Native people and to report back to
      the Congress with his recommendations for the future management
      and operation of these programs within three years of December
      18, 1971;
        (d) no provision of this chapter shall constitute a precedent
      for reopening, renegotiating, or legislating upon any past
      settlement involving land claims or other matters with any Native
      organizations, or any tribe, band, or identifiable group of
      American Indians;
        (e) no provision of this chapter shall effect a change or
      changes in the petroleum reserve policy reflected in sections
      7421 through 7438 (!1) of title 10 except as specifically
      provided in this chapter;

        (f) no provision of this chapter shall be construed to
      constitute a jurisdictional act, to confer jurisdiction to sue,
      nor to grant implied consent to Natives to sue the United States
      or any of its officers with respect to the claims extinguished by
      the operation of this chapter; and
        (g) no provision of this chapter shall be construed to
      terminate or otherwise curtail the activities of the Economic
      Development Administration or other Federal agencies conducting
      loan or loan and grant programs in Alaska. For this purpose only,
      the terms "Indian reservation" and "trust or restricted Indian-
      owned land areas" in Public Law 89-136, the Public Works and
      Economic Development Act of 1965, as amended [42 U.S.C. 3121 et
      seq.], shall be interpreted to include lands granted to Natives
      under this chapter as long as such lands remain in the ownership
      of the Native villages or the Regional Corporations.

-SOURCE-
    (Pub. L. 92-203, Sec. 2, Dec. 18, 1971, 85 Stat. 688.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7434 of title 10, referred to in subsec. (e), was
    repealed by Pub. L. 104-66, title I, Sec. 1051(g), Dec. 21, 1995,
    109 Stat. 716.
      The Public Works and Economic Development Act of 1965, referred
    to in subsec. (g), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552,
    as amended, which is classified generally to chapter 38 (Sec. 3121
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3121 of Title 42 and Tables.

-MISC1-
                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-452, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3575,
    provided that: "This Act [amending sections 1611, 1613, 1617, 1621,
    1629g, and 1635 of this title, enacting provisions set out as notes
    under sections 852, 1602, 1611, 1617, and 1635 of this title, and
    amending provisions set out as notes under section 852 of this
    title and preceding section 21 of Title 48, Territories and Insular
    Possessions] may be cited as the 'Alaska Land Transfer Acceleration
    Act'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-283, Sec. 1, Oct. 6, 2000, 114 Stat. 867, provided
    that: "This Act [enacting section 1629h of this title and
    provisions set out as a note under section 1629h of this title] may
    be cited as the 'Kake Tribal Corporation Land Transfer Act'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-333, Sec. 14, Oct. 31, 1998, 112 Stat. 3136, provided
    that: "This Act [amending sections 1606, 1611, 1621, 1626, 1629e,
    1634, and 1636 of this title and section 3197 of Title 16,
    Conservation, and enacting provisions set out as a note under
    section 3198 of Title 16] may be cited as the 'ANCSA Land Bank
    Protection Act of 1998'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-415, Sec. 1, Oct. 14, 1992, 106 Stat. 2112, provided
    that: "This Act [amending sections 1606, 1617, 1620, 1621, 1626,
    and 1634 of this title and section 3198 of Title 16, Conservation,
    and enacting provisions set out as notes under section 852 of this
    title and section 539 of Title 16] may be cited as the 'Alaska Land
    Status Technical Corrections Act of 1992'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-241, Sec. 1(a), Feb. 3, 1988, 101 Stat. 1788,
    provided that: "This Act [enacting sections 1629b to 1629e of this
    title, amending sections 1602, 1606, 1607, 1620, 1625 to 1627, and
    1636 of this title, section 78m of Title 15, Commerce and Trade,
    and section 1702 of Title 30, Mineral Lands and Mining, and
    enacting provisions set out as notes under this section and under
    section 1702 of Title 30] may be cited as the 'Alaska Native Claims
    Settlement Act Amendments of 1987'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 92-203 provided: "That this Act [enacting
    this chapter] may be cited as the 'Alaska Native Claims Settlement
    Act'."

                             SAVINGS PROVISION                         
      Provisions of Federal Land Policy and Management Act of 1976,
    Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed
    as modifying, etc., any provision of this chapter, see section 701
    of Pub. L. 94-579, set out as a note under section 1701 of this
    title.
      Section 26 of Pub. L. 92-203 provided that: "To the extent that
    there is a conflict between any provision of this Act [enacting
    this chapter] and any other Federal laws applicable to Alaska, the
    provisions of this Act shall govern."

                               SEVERABILITY                           
      Section 27 of Pub. L. 92-203, as amended by Pub. L. 100-241, Sec.
    13, Feb. 3, 1988, 101 Stat. 1810, provided that: "The provisions of
    this Act, as amended [enacting this chapter], and the Alaska Native
    Claims Settlement Act Amendments of 1987 [Pub. L. 100-241, see
    Short Title of 1988 Amendment note above] are severable. If any
    provision of either Act is determined by a court of competent
    jurisdiction to be invalid, such invalidity shall not affect the
    validity of any other provision of either Act."

             CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY         
      Pub. L. 100-241, Sec. 2, Feb. 3, 1988, 101 Stat. 1788, provided
    that: "The Congress finds and declares that - 
        "(1) the Alaska Native Claims Settlement Act [this chapter] was
      enacted in 1971 to achieve a fair and just settlement of all
      aboriginal land and hunting and fishing claims by Natives and
      Native groups of Alaska with maximum participation by Natives in
      decisions affecting their rights and property;
        "(2) the settlement enabled Natives to participate in the
      subsequent expansion of Alaska's economy, encouraged efforts to
      address serious health and welfare problems in Native villages,
      and sparked a resurgence of interest in the cultural heritage of
      the Native peoples of Alaska;
        "(3) despite these achievements and Congress's desire that the
      settlement be accomplished rapidly without litigation and in
      conformity with the real economic and social needs of Natives,
      the complexity of the land conveyance process and frequent and
      costly litigation have delayed implementation of the settlement
      and diminished its value;
        "(4) Natives have differing opinions as to whether the Native
      Corporation, as originally structured by the Alaska Native Claims
      Settlement Act, is well adapted to the reality of life in Native
      villages and to the continuation of traditional Native cultural
      values;
        "(5) to ensure the continued success of the settlement and to
      guarantee Natives continued participation in decisions affecting
      their rights and property, the Alaska Native Claims Settlement
      Act must be amended to enable the shareholders of each Native
      Corporation to structure the further implementation of the
      settlement in light of their particular circumstances and needs;
        "(6) among other things, the shareholders of each Native
      Corporation must be permitted to decide - 
          "(A) when restrictions on alienation of stock issued as part
        of the settlement should be terminated, and
          "(B) whether Natives born after December 18, 1971, should
        participate in the settlement;
        "(7) by granting the shareholders of each Native Corporation
      options to structure the further implementation of the
      settlement, Congress is not expressing an opinion on the manner
      in which such shareholders choose to balance individual rights
      and communal rights;
        "(8) no provision of this Act [see Short Title of 1988
      Amendment note above] shall - 
          "(A) unless specifically provided, constitute a repeal or
        modification, implied or otherwise, of any provision of the
        Alaska Native Claims Settlement Act; or
          "(B) confer on, or deny to, any Native organization any
        degree of sovereign governmental authority over lands
        (including management, or regulation of the taking, of fish and
        wildlife) or persons in Alaska; and
        "(9) the Alaska Native Claims Settlement Act and this Act are
      Indian legislation enacted by Congress pursuant to its plenary
      authority under the Constitution of the United States to regulate
      Indian affairs."

                              JUDICIAL REVIEW                          
      Pub. L. 100-241, Sec. 16, Feb. 3, 1988, 101 Stat. 1813, provided
    that:
      "(a) Statute of Limitations. - (1) Notwithstanding any other
    provision of law, a civil action that challenges the
    constitutionality of an amendment made by, or other provision of
    this Act (the Alaska Native Claims Settlement Act Amendments of
    1987) [see Short Title of 1988 Amendment note above] shall be
    barred unless filed within the periods specified in this
    subsection.
      "(2) If a civil action described in paragraph (1) challenges - 
        "(A) the issuance or distribution of Settlement Common Stock
      for less than fair market value consideration pursuant to section
      7(g)(1)(B) or 7(g)(2)(C)(ii) of the Alaska Native Claims
      Settlement Act [43 U.S.C. 1606(g)(1)(B), (2)(C)(ii)]; or
        "(B) an extension of alienability restrictions that involves
      the issuance of stock pursuant to subsections [sic] (c) or (d) of
      section 37 of such Act [43 U.S.C. 1629c(c), (d)]; or
        "(C) the denial of dissenters rights after the rejection of an
      amendment to terminate alienability restrictions pursuant to
      section 37(b) of such Act;
    such civil action shall be barred unless it is filed within one
    year after the date of the shareholder vote authorizing such
    issuance or distribution, extension of restrictions, or denial of
    right, and unless a request for a declaratory judgment or
    injunctive relief is made before stock is issued or distributed.
      "(3) Any other civil action described in paragraph (1) shall be
    barred unless it is filed within two years of the date of the
    enactment of this Act [Feb. 3, 1988].
      "(4) No Native Corporation taking an action described in
    paragraph (2)(A), (2)(B), or (2)(C) shall issue or distribute stock
    sooner than fourteen days after the date of the shareholder vote
    authorizing such action.
      "(b) Jurisdiction and Procedure. - (1) The United States District
    Court for the District of Alaska shall have exclusive original
    jurisdiction over a civil action described in subsection (a)(1).
    The action shall be heard and determined by a court of three judges
    as provided in section 2284 of title 28 of the United States Code.
    An appeal of the final judgment of such court shall be made
    directly to the United States Supreme Court.
      "(2) No money judgment shall be entered against the United States
    in a civil action subject to this section.
      "(c) Statement of Purpose. - The purpose of the limitation on
    civil actions established by this section is - 
        "(1) to ensure that after the expiration of a reasonable period
      of time, Native Shareholders, Native Corporations, the United
      States, and the State of Alaska and its political subdivisions
      will be able to plan their affairs with certainty in full
      reliance on the provisions of this Act, and
        "(2) to eliminate the possibility that the United States will
      incur a monetary liability as a result of the enactment of this
      Act."

                                DISCLAIMER                            
      Pub. L. 100-241, Sec. 17, Feb. 3, 1988, 101 Stat. 1814, provided
    that:
      "(a) No provision of this Act (the Alaska Native Claims
    Settlement Act Amendments of 1987) [see Short Title of 1988
    Amendment note above], exercise of authority pursuant to this Act,
    or change made by, or pursuant to, this Act in the status of land
    shall be construed to validate or invalidate or in any way affect -
    
        "(1) any assertion that a Native organization (including a
      federally recognized tribe, traditional Native council, or Native
      council organized pursuant to the Act of June 18, 1934 (48 Stat.
      987), as amended [25 U.S.C. 461 et seq.]) has or does not have
      governmental authority over lands (including management of, or
      regulation of the taking of, fish and wildlife) or persons within
      the boundaries of the State of Alaska, or
        "(2) any assertion that Indian country (as defined by 18 U.S.C.
      1151 or any other authority) exists or does not exist within the
      boundaries of the State of Alaska.
      "(b) Nothing in the Alaska Native Claims Settlement Act
    Amendments of 1987 (or any amendment made thereby) shall be
    construed - 
        "(1) to diminish or enlarge the ability of the Federal
      Government to assess, collect, or otherwise enforce any Federal
      tax, or
        "(2) to affect, for Federal tax purposes, the valuation of any
      stock issued by a Native Corporation."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1602                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1602. Definitions

-STATUTE-
      For the purposes of this chapter, the term - 
      (a) "Secretary" means the Secretary of the Interior;
      (b) "Native" means a citizen of the United States who is a person
    of one-fourth degree or more Alaska Indian (including Tsimshian
    Indians not enrolled in the Metlaktla (!1) Indian Community)
    Eskimo, or Aleut blood, or combination thereof. The term includes
    any Native as so defined either or both of whose adoptive parents
    are not Natives. It also includes, in the absence of proof of a
    minimum blood quantum, any citizen of the United States who is
    regarded as an Alaska Native by the Native village or Native group
    of which he claims to be a member and whose father or mother is
    (or, if deceased, was) regarded as Native by any village or group.
    Any decision of the Secretary regarding eligibility for enrollment
    shall be final;

      (c) "Native village" means any tribe, band, clan, group, village,
    community, or association in Alaska listed in sections 1610 and
    1615 of this title, or which meets the requirements of this
    chapter, and which the Secretary determines was, on the 1970 census
    enumeration date (as shown by the census or other evidence
    satisfactory to the Secretary, who shall make findings of fact in
    each instance), composed of twenty-five or more Natives;
      (d) "Native group" means any tribe, band, clan, village,
    community, or village association of Natives in Alaska composed of
    less than twenty-five Natives, who comprise a majority of the
    residents of the locality;
      (e) "Public lands" means all Federal lands and interests therein
    located in Alaska except: (1) the smallest practicable tract, as
    determined by the Secretary, enclosing land actually used in
    connection with the administration of any Federal installation, and
    (2) land selections of the State of Alaska which have been patented
    or tentatively approved under section 6(g) of the Alaska Statehood
    Act, as amended (72 Stat. 341, 77 Stat. 223), or identified for
    selection by the State prior to January 17, 1969;
      (f) "State" means the State of Alaska;
      (g) "Regional Corporation" means an Alaska Native Regional
    Corporation established under the laws of the State of Alaska in
    accordance with the provisions of this chapter;
      (h) "Person" means any individual, group, firm, corporation,
    association, or partnership;
      (i) "Municipal Corporation" means any general unit of municipal
    government under the laws of the State of Alaska;
      (j) "Village Corporation" means an Alaska Native Village
    Corporation organized under the laws of the State of Alaska as a
    business for profit or nonprofit corporation to hold, invest,
    manage and/or distribute lands, property, funds, and other rights
    and assets for and on behalf of a Native village in accordance with
    the terms of this chapter.(!2)

      (k) "Fund" means the Alaska Native Fund in the Treasury of the
    United States established by section 1605 of this title;
      (l) "Planning Commission" means the Joint Federal-State Land Use
    Planning Commission established by section 1616 of this title;
      (m) "Native Corporation" means any Regional Corporation, any
    Village Corporation, any Urban Corporation, and any Group
    Corporation;
      (n) "Group Corporation" means an Alaska Native Group Corporation
    organized under the laws of the State of Alaska as a business for
    profit or nonprofit corporation to hold, invest, manage and/or
    distribute lands, property, funds, and other rights and assets for
    and on behalf of members of a Native group in accordance with the
    terms of this chapter;
      (o) "Urban Corporation" means an Alaska Native Urban Corporation
    organized under the laws of the State of Alaska as a business for
    profit or nonprofit corporation to hold, invest, manage and/or
    distribute lands, property, funds, and other rights and assets for
    and on behalf of members of an urban community of Natives in
    accordance with the terms of this chapter;
      (p) "Settlement Common Stock" means stock of a Native Corporation
    issued pursuant to section 1606(g)(1) of this title that carries
    with it the rights and restrictions listed in section 1606(h)(1) of
    this title;
      (q) "Replacement Common Stock" means stock of a Native
    Corporation issued in exchange for Settlement Common Stock pursuant
    to section 1606(h)(3) of this title;
      (r) "Descendant of a Native" means - 
        (1) a lineal descendant of a Native or of an individual who
      would have been a Native if such individual were alive on
      December 18, 1971, or
        (2) an adoptee of a Native or of a descendant of a Native,
      whose adoption - 
          (A) occurred prior to his or her majority, and
          (B) is recognized at law or in equity;

      (s) "Alienability restrictions" means the restrictions imposed on
    Settlement Common Stock by section 1606(h)(1)(B) of this title;
      (t) "Settlement Trust" means a trust - 
        (1) established and registered by a Native Corporation under
      the laws of the State of Alaska pursuant to a resolution of its
      shareholders, and
        (2) operated for the benefit of shareholders, Natives, and
      descendants of Natives, in accordance with section 1629e of this
      title and the laws of the State of Alaska.

-SOURCE-
    (Pub. L. 92-203, Sec. 3, Dec. 18, 1971, 85 Stat. 689; Pub. L. 96-
    487, title XIV, Sec. 1401(d), Dec. 2, 1980, 94 Stat. 2492; Pub. L.
    100-241, Sec. 3, Feb. 3, 1988, 101 Stat. 1789; Pub. L. 106-194,
    Sec. 3, May 2, 2000, 114 Stat. 243.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6(g) of the Alaska Statehood Act, as amended, referred to
    in subsec. (e), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72
    Stat. 339, which is set out as a note preceding section 21 of Title
    48, Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (t)(2). Pub. L. 106-194 substituted "benefit of
    shareholders, Natives, and descendants of Natives," for "sole
    benefit of the holders of the corporation's Settlement Common
    Stock".
      1988 - Subsec. (h). Pub. L. 100-241, Sec. 3(1), inserted "group,"
    after "individual,".
      Subsec. (k). Pub. L. 100-241, Sec. 3(2), struck out "and" at end.
      Subsec. (l). Pub. L. 100-241, Sec. 3(3), substituted semicolon
    for period.
      Subsec. (m). Pub. L. 100-241, Sec. 3(4), substituted "Group
    Corporation;" for "Native Group."
      Subsecs. (n) to (t). Pub. L. 100-241, Sec. 3(5), added subsecs.
    (n) to (t).
      1980 - Subsec. (m). Pub. L. 96-487 added subsec. (m).

-CROSS-
                                DEFINITIONS                            
      Pub. L. 108-452, Sec. 2, Dec. 10, 2004, 118 Stat. 3576, provided
    that: "In this Act [see Short Title of 2004 Amendment note set out
    under section 1601 of this title]:
        "(1) Native allotment. - The term 'Native allotment' means an
      allotment claimed under the Act of May 17, 1906 (34 Stat. 197,
      chapter 2469) [former 43 U.S.C. 270-1 to 270-3].
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(3) State. - The term 'State' means the State of Alaska."

-FOOTNOTE-
    (!1) So in original. Probably should be "Metlakatla".

               

    (!2) So in original. The period probably should be a semicolon.

-End-

-CITE-
    43 USC Sec. 1603                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1603. Declaration of settlement

-STATUTE-
    (a) Aboriginal title extinguishment through prior land and water
      area conveyances
      All prior conveyances of public land and water areas in Alaska,
    or any interest therein, pursuant to Federal law, and all tentative
    approvals pursuant to section 6(g) of the Alaska Statehood Act,
    shall be regarded as an extinguishment of the aboriginal title
    thereto, if any.
    (b) Aboriginal title and claim extinguishment where based on use
      and occupancy; submerged lands underneath inland and offshore
      water areas and hunting or fishing rights included
      All aboriginal titles, if any, and claims of aboriginal title in
    Alaska based on use and occupancy, including submerged land
    underneath all water areas, both inland and offshore, and including
    any aboriginal hunting or fishing rights that may exist, are hereby
    extinguished.
    (c) Aboriginal claim extinguishment where based on right, title,
      use, or occupancy of land or water areas; domestic statute or
      treaty relating to use and occupancy; or foreign laws; pending
      claims
      All claims against the United States, the State, and all other
    persons that are based on claims of aboriginal right, title, use,
    or occupancy of land or water areas in Alaska, or that are based on
    any statute or treaty of the United States relating to Native use
    and occupancy, or that are based on the laws of any other nation,
    including any such claims that are pending before any Federal or
    state court or the Indian Claims Commission, are hereby
    extinguished.

-SOURCE-
    (Pub. L. 92-203, Sec. 4, Dec. 18, 1971, 85 Stat. 689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6(g) of the Alaska Statehood Act, referred to in subsec.
    (a), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339,
    which is set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 1604                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1604. Enrollment

-STATUTE-
    (a) Eligible Natives; finality of decision
      The Secretary shall prepare within two years from December 18,
    1971, a roll of all Natives who were born on or before, and who are
    living on, December 18, 1971. Any decision of the Secretary
    regarding eligibility for enrollment shall be final.
    (b) Residence; order of priority in enrollment of Natives not
      permanent residents; regional family or hardship enrollment
      The roll prepared by the Secretary shall show for each Native,
    among other things, the region and the village or other place in
    which he resided on the date of the 1970 census enumeration, and he
    shall be enrolled according to such residence. Except as provided
    in subsection (c) of this section, a Native eligible for enrollment
    who is not, when the roll is prepared, a permanent resident of one
    of the twelve regions established pursuant to section 1606(a) of
    this title shall be enrolled by the Secretary in one of the twelve
    regions, giving priority in the following order to - 
        (1) the region where the Native resided on the 1970 census date
      if he had resided there without substantial interruption for two
      or more years;
        (2) the region where the Native previously resided for an
      aggregate of ten years or more;
        (3) the region where the Native was born; and
        (4) the region from which an ancestor of the Native came: (!1)

    The Secretary may enroll a Native in a different region when
    necessary to avoid enrolling members of the same family in
    different regions or otherwise avoid hardship.
    (c) Election of enrollment in thirteenth region, if established, of
      Native nonresidents; dependent household members as bound
      A Native eligible for enrollment who is eighteen years of age or
    older and is not a permanent resident of one of the twelve regions
    may, on the date he files an application for enrollment, elect to
    be enrolled in a thirteenth region for Natives who are non-
    residents of Alaska, if such region is established pursuant to
    section 1606(c) of this title. If such region is not established,
    he shall be enrolled as provided in subsection (b) of this section.
    His election shall apply to all dependent members of his household
    who are less than eighteen years of age, but shall not affect the
    enrollment of anyone else.

-SOURCE-
    (Pub. L. 92-203, Sec. 5, Dec. 18, 1971, 85 Stat. 690.)

-MISC1-
              LATE ENROLLMENT OF OTHERWISE QUALIFIED NATIVES          
      Pub. L. 94-204, Sec. 1, Jan. 2, 1976, 89 Stat. 1145, provided:
    "That (a) the Secretary of the Interior (hereinafter in this Act
    [enacting sections 1625 to 1627 of this title, amending sections
    1615, 1616, 1620, and 1621 of this title, and enacting provisions
    set out as notes under sections 1604, 1605, 1611, 1613, 1618, and
    1625 of this title] referred to as the 'Secretary') is directed to
    review those applications submitted within one year from the date
    of enactment of this Act [Jan. 2, 1976] by applicants who failed to
    meet the March 30, 1973, deadline for enrollment established by the
    Secretary pursuant to the Alaska Native Claims Settlement Act
    (hereinafter in this Act referred to as the 'Settlement Act') [this
    chapter], and to enroll those Natives under the provisions of that
    Act who would have been qualified if the March 30, 1973, deadline
    had been met: Provided, That Natives enrolled under this Act shall
    be issued stock under the Settlement Act together with a pro rata
    share of all future distributions under the Settlement Act which
    shall commence beginning with the next regularly scheduled
    distribution after the enactment of this Act: Provided further,
    That land entitlement of any Native village, Native group, Village
    Corporation, or Regional Corporation, all as defined in such Act,
    shall not be affected by any enrollment pursuant to this Act, and
    that no tribe, band, clan, group, village, community, or
    association not otherwise eligible for land or other benefits as a
    'Native village', as defined in such Act, shall become eligible for
    land or other benefits as a Native village because of any
    enrollment pursuant to this Act: Provided further, That no tribe,
    band, clan, village, community, or village association not
    otherwise eligible for land or other benefits as a 'Native group',
    as defined in such Act, shall become eligible for land or other
    benefits as a Native group because of any enrollment pursuant to
    this Act: And provided further, That any 'Native group', as defined
    in such Act, shall not lose its status as a Native group because of
    any enrollment pursuant to this Act.
      "(b) The Secretary is authorized to poll individual Natives
    properly enrolled to Native villages or Native groups which are not
    recognized as Village Corporations under section 11 of the
    Settlement Act [section 1610 of this title] and which are included
    within the boundaries of former reserves the Village Corporation or
    Corporations of which elected to acquire title to the surface and
    subsurface estate of said reserves pursuant to subsection 19(b) of
    the Settlement Act [section 1618(b) of this title]. The Secretary
    may allow these individuals the option to enroll to a Village
    Corporation which elected the surface and subsurface title under
    section 19(b) or remain enrolled to the Regional Corporation in
    which the village or group is located on an at-large basis:
    Provided, That nothing in this subsection shall affect existing
    entitlement to land of any Regional Corporation pursuant to section
    12(b) or 14(h)(8) of the Settlement Act [section 1611(b) or
    1613(h)(8) of this title].
      "(c) In those instances where, on the roll prepared under section
    5 of the Settlement Act [this section], there were enrolled as
    residents of a place on April 1, 1970, a sufficient number of
    Natives required for a Native village or Native group, as the case
    may be, and it is subsequently and finally determined that such
    place is not eligible for land benefits under the Act on grounds
    which include a lack of sufficient number of residents, the
    Secretary shall; in accordance with the criteria for residence
    applied in the final determination of eligibility, redetermine the
    place of residence on April 1, 1970, of each Native enrolled to
    such place, and the place of residence as so redetermined shall be
    such Native's place of residence on April 1, 1970, for all purposes
    under the Settlement Act: Provided, That each Native whose place of
    residence on April 1, 1970, is changed by reason of this subsection
    shall be issued stock in the Native corporation or corporations in
    which such redetermination entitles him to membership and all stock
    issued to such Native by any Native Corporation in which he is no
    longer eligible for membership shall be deemed canceled: Provided
    further, That no redistribution of funds made by any Native
    Corporation on the basis of prior places of residence shall be
    affected: Provided further, That land entitlements of any Native
    village, Native group, Village Corporation, Regional Corporation,
    or corporations organized by Natives residing in Sitka, Kenai,
    Juneau, or Kodiak, all as defined in said Act, shall not be
    affected by any determination of residence made pursuant to this
    subsection, and no tribe, band, clan, group, village community, or
    association not otherwise eligible for land or other benefits as a
    'Native group' as defined in said Act, shall become eligible for
    land or other benefits as a Native group because of any
    redetermination of residence pursuant to this subsection: Provided
    further, That any distribution of funds from the Alaska Native Fund
    pursuant to subsection (c) of section 6 of the Settlement Act
    [section 1605(c) of this title] made by the Secretary or his
    delegate prior to any redetermination of residency shall not be
    affected by the provisions of this subsection. Each Native whose
    place of residence is subject to redetermination as provided in
    this subsection shall be given notice and an opportunity for
    hearing in connection with such redetermination as shall any Native
    Corporation which it appears may gain or lose stockholders by
    reason of such redetermination of residence."

       ESTABLISHMENT BY COURT ORDER OF 13TH REGIONAL CORPORATION FOR
      BENEFIT OF NONPERMANENT RESIDENTS; LAND SELECTION ENTITLEMENTS;
    PREVIOUSLY ISSUED STOCK; ELECTION FOR ENROLLMENT; LAND ENTITLEMENTS
          OF CORPORATIONS OR NATIVE VILLAGE OR GROUP ELIGIBILITY
      Pub. L. 94-204, Sec. 8, Jan. 2, 1976, 89 Stat. 1149, provided
    that:
      "(a) Notwithstanding the October 6, 1975, order of the United
    States District Court for the District of Columbia in the case of
    Alaska Native Association of Oregon et al. against Rogers C. B.
    Morton et al., Civil Action Numbered 2133-73, and Alaska Federation
    of Natives International, Inc., et al. against Rogers C. B. Morton,
    et al., Civil Action Numbered 2141-73 ( -  F. Supp.  - ) [417 F.
    Supp. 459], changes in enrollments of any Alaska Regional or
    Village Corporation nor any Native village or group eligibility.
      "(b) Stock previously issued by any of the twelve Regional
    Corporations in Alaska or by Village Corporations to any Native who
    is enrolled in the thirteenth region pursuant to said order shall,
    upon said enrollment, be canceled by the issuing corporation
    without liability to it or the Native whose stock is so canceled:
    Provided, That, in the event that a Native enrolled in the
    thirteenth region pursuant to said order shall elect to re-enroll
    in the appropriate Regional Corporation in Alaska pursuant to the
    sixth ordering paragraph of that order, stock of such Native may be
    canceled by the Thirteenth Regional Corporation and stock may be
    issued to such Native by the appropriate Regional Corporation in
    Alaska without liability to either corporation or to the Native.
      "(c) Whenever additional enrollment under the Settlement Act
    [this chapter] is permitted pursuant to this Act [enacting sections
    1625 to 1627 of this title, amending sections 1615, 1616, 1620, and
    1621 of this title, and enacting provisions set out as notes under
    sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title] or
    any other provision of law, any Native enrolling under such
    authority who is determined not to be a permanent resident of the
    State of Alaska under criteria established pursuant to the
    Settlement Act shall, at the time of enrollment, elect whether to
    be enrolled in the thirteenth region or in the region determined
    pursuant to the provisions of section 5(b) of such act [section
    1604(b) of this title] and such election shall apply to all
    dependent members of such Native's household who are less than
    eighteen years of age on the date of such election.
      "(d) No change in the final roll of Natives established by the
    Secretary pursuant to section 5 of the Settlement Act [section 1604
    of this title] resulting from any regulation promulgated by the
    Secretary of the Interior providing for the disenrollment of
    Natives shall affect land entitlements of any Regional or Village
    Corporation or any Native village or group eligibility."

-FOOTNOTE-               

    (!1) So in original. The colon probably should be a period.

-End-

-CITE-
    43 USC Sec. 1605                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1605. Alaska Native Fund

-STATUTE-
    (a) Establishment in Treasury; deposits into Fund of general fund,
      interest, and revenue sharing moneys
      There is hereby established in the United States Treasury an
    Alaska Native Fund into which the following moneys shall be
    deposited:
        (1) $462,500,000 from the general fund of the Treasury, which
      are authorized to be appropriated according to the following
      schedule:
          (A) $12,500,000 during the fiscal year in which this chapter
        becomes effective;
          (B) $50,000,000 during the second fiscal year;
          (C) $70,000,000 during each of the third, fourth, and fifth
        fiscal years;
          (D) $40,000,000 during the period beginning July 1, 1976, and
        ending September 30, 1976; and
          (E) $30,000,000 during each of the next five fiscal years,
        for transfer to the Alaska Native Fund in the fourth quarter of
        each fiscal year.

        (2) Four percent interest per annum, which is authorized to be
      appropriated, on any amount authorized to be appropriated by this
      paragraph that is not appropriated within six months after the
      fiscal year in which payable.
        (3) $500,000,000 pursuant to the revenue sharing provisions of
      section 1608 of this title.
    (b) Prohibition of expenditures for propaganda or political
      campaigns; misdemeanor; penalty
      None of the funds paid or distributed pursuant to this section to
    any of the Regional and Village Corporations established pursuant
    to this chapter shall be expended, donated, or otherwise used for
    the purpose of carrying on propaganda, or intervening in (including
    the publishing and distributing of statements) any political
    campaign on behalf of any candidate for public office. Any person
    who willfully violates the foregoing provision shall be guilty of a
    misdemeanor and, upon conviction thereof, shall be fined not more
    than $1,000 or imprisoned not more than twelve months, or both.
    (c) Distribution of Fund moneys among organized Regional
      Corporations; basis as relative number of Native enrollees in
      each region; reserve for payment of attorney and other fees;
      retention of share in Fund until organization of corporation
      After completion of the roll prepared pursuant to section 1604 of
    this title, all money in the Fund, except money reserved as
    provided in section 1619 of this title for the payment of attorney
    and other fees, shall be distributed at the end of each three
    months of the fiscal year among the Regional Corporations organized
    pursuant to section 1606 of this title on the basis of the relative
    numbers of Natives enrolled in each region. The share of a Regional
    Corporation that has not been organized shall be retained in the
    Fund until the Regional Corporation is organized.

-SOURCE-
    (Pub. L. 92-203, Sec. 6, Dec. 18, 1971, 85 Stat. 690; Pub. L. 94-
    273, Sec. 38, Apr. 21, 1976, 90 Stat. 380.)

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a)(1)(D). Pub. L. 94-273 substituted "period
    beginning July 1, 1976, and ending September 30, 1976; and" for
    "the sixth fiscal year; and".
      Subsec. (a)(1)(E). Pub. L. 94-273 inserted provision relating to
    transfer to the Alaska Native Fund.

       DEPOSITS INTO AND DISTRIBUTIONS FROM ALASKA NATIVE FUND; TIME
           REQUIREMENTS; INCLUSION OF PREVIOUSLY EARNED INTEREST
      Pub. L. 96-487, title XIV, Sec. 1414, Dec. 2, 1980, 94 Stat.
    2498, provided that:
      "(a) Moneys appropriated for deposit in the Alaska Native Fund
    for the fiscal year following the enactment of this Act [Dec. 2,
    1980], shall, for the purposes of section 5 of Public Law 94-204
    [set out below] only, be deposited into the Alaska Native Fund on
    the first day of the fiscal year for which the moneys are
    appropriated, and shall be distributed at the end of the first
    quarter of the fiscal year in accordance with section 6(c) of the
    Alaska Native Claims Settlement Act [subsec. (c) of this section]
    notwithstanding any other provision of law.
      "(b) For the fiscal year in which this Act is enacted [fiscal
    year 1981], the money appropriated shall be deposited within 10
    days of enactment [Dec. 2, 1980], unless it has already been
    deposited in accordance with existing law, and shall be distributed
    no later than the end of the quarter following the quarter in which
    the money is deposited: Provided, That if the money is already
    deposited at the time of enactment of this Act, it must be
    distributed at the end of the quarter in which this Act is enacted.
      "(c) Notwithstanding section 38 of the Fiscal Year Adjustment Act
    [section 38 of Pub. L. 94-273, which amended this section] or any
    other provisions of law, interest earned from the investment of
    appropriations made pursuant to the Act of July 31, 1976 (Public
    Law 94-373; 90 Stat. 1051) [not classified to the Code], and
    deposited in the Alaska Native Fund on or after October 1, 1976,
    shall be deposited in the Alaska Native Fund within thirty days
    after enactment of this Act [Dec. 2, 1980] and shall be distributed
    as required by section 6(c) of the Alaska Native Claims Settlement
    Act [subsec. (c) of this section]."

     ALASKA NATIVE FUND VIEWED AS TRUST FOR INDIAN TRIBES FOR PURPOSES
                        OF INTEREST AND INVESTMENT
      Pub. L. 94-204, Sec. 5, Jan. 2, 1976, 89 Stat. 1147, provided
    that: "For purposes of the first section of the Act of February 12,
    1929 (45 Stat. 1164), as amended [section 161a of Title 25,
    Indians], and the first section of the Act of June 24, 1938 (52
    Stat. 1037) [section 162a of Title 25], the Alaska Native Fund
    shall, pending distributions under section 6(c) of the Settlement
    Act [subsec. (c) of this section] be considered to consist of funds
    held in trust by the Government of the United States for the
    benefit of Indian tribes: Provided, That nothing in this section
    shall be construed to create or terminate any trust relationship
    between the United States and any corporation or individual
    entitled to receive benefits under the Settlement Act [this
    chapter]."

-End-

-CITE-
    43 USC Sec. 1606                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1606. Regional Corporations

-STATUTE-
    (a) Division of Alaska into twelve geographic regions; common
      heritage and common interest of region; area of region
      commensurate with operations of Native association; boundary
      disputes, arbitration
      For purposes of this chapter, the State of Alaska shall be
    divided by the Secretary within one year after December 18, 1971,
    into twelve geographic regions, with each region composed as far as
    practicable of Natives having a common heritage and sharing common
    interests. In the absence of good cause shown to the contrary, such
    regions shall approximate the areas covered by the operations of
    the following existing Native associations:
        (1) Arctic Slope Native Association (Barrow, Point Hope);
        (2) Bering Straits Association (Seward Peninsula, Unalakleet,
      Saint Lawrence Island);
        (3) Northwest Alaska Native Association (Kotzebue);
        (4) Association of Village Council Presidents (southwest coast,
      all villages in the Bethel area, including all villages on the
      Lower Yukon River and the Lower Kuskokwim River);
        (5) Tanana Chiefs' Conference (Koyukuk, Middle and Upper Yukon
      Rivers, Upper Kuskokwim, Tanana River);
        (6) Cook Inlet Association (Kenai, Tyonek, Eklutna, Iliamna);
        (7) Bristol Bay Native Association (Dillingham, Upper Alaska
      Peninsula);
        (8) Aleut League (Aleutian Islands, Pribilof Islands and that
      part of the Alaska Peninsula which is in the Aleut League);
        (9) Chugach Native Association (Cordova, Tatitlek, Port Graham,
      English Bay, Valdez, and Seward);
        (10) Tlingit-Haida Central Council (southeastern Alaska,
      including Metlakatla);
        (11) Kodiak Area Native Association (all villages on and around
      Kodiak Island); and
        (12) Copper River Native Association (Copper Center,
      Glennallen, Chitina, Mentasta).

    Any dispute over the boundaries of a region or regions shall be
    resolved by a board of arbitrators consisting of one person
    selected by each of the Native associations involved, and an
    additional one or two persons, whichever is needed to make an odd
    number of arbitrators, such additional person or persons to be
    selected by the arbitrators selected by the Native associations
    involved.
    (b) Region mergers; limitation
      The Secretary may, on request made within one year of December
    18, 1971, by representative and responsible leaders of the Native
    associations listed in subsection (a) of this section, merge two or
    more of the twelve regions: Provided, That the twelve regions may
    not be reduced to less than seven, and there may be no fewer than
    seven Regional Corporations.
    (c) Establishment of thirteenth region for nonresident Natives;
      majority vote; Regional Corporation for thirteenth region
      If a majority of all eligible Natives eighteen years of age or
    older who are not permanent residents of Alaska elect, pursuant to
    section 1604(c) of this title, to be enrolled in a thirteenth
    region for Natives who are non-residents of Alaska, the Secretary
    shall establish such a region for the benefit of the Natives who
    elected to be enrolled therein, and they may establish a Regional
    Corporation pursuant to this chapter.
    (d) Incorporation; business for profit; eligibility for benefits;
      provisions in articles for carrying out chapter
      Five incorporators within each region, named by the Native
    association in the region, shall incorporate under the laws of
    Alaska a Regional Corporation to conduct business for profit, which
    shall be eligible for the benefits of this chapter so long as it is
    organized and functions in accordance with this chapter. The
    articles of incorporation shall include provisions necessary to
    carry out the terms of this chapter.
    (e) Original articles and bylaws: approval by Secretary prior to
      filing, submission for approval; amendments to articles: approval
      by Secretary; withholding approval in event of creation of
      inequities among Native individuals or groups
      The original articles of incorporation and bylaws shall be
    approved by the Secretary before they are filed, and they shall be
    submitted for approval within eighteen months after December 18,
    1971. The articles of incorporation may not be amended during the
    Regional Corporation's first five years without the approval of the
    Secretary. The Secretary may withhold approval under this section
    if in his judgment inequities among Native individuals or groups of
    Native individuals would be created.
    (f) Board of directors; management; stockholders; provisions in
      articles or bylaws for number, term, and method of election
      The management of the Regional Corporation shall be vested in a
    board of directors, all of whom, with the exception of the initial
    board, shall be stockholders over the age of eighteen. The number,
    terms, and method of election of members of the board of directors
    shall be fixed in the articles of incorporation or bylaws of the
    Regional Corporation.
    (g) Issuance of stock
      (1) Settlement Common Stock
        (A) The Regional Corporation shall be authorized to issue such
      number of shares of Settlement Common Stock (divided into such
      classes as may be specified in the articles of incorporation to
      reflect the provisions of this chapter) as may be needed to issue
      one hundred shares of stock to each Native enrolled in the region
      pursuant to section 1604 of this title.
        (B)(i) A Regional Corporation may amend its articles of
      incorporation to authorize the issuance of additional shares of
      Settlement Common Stock to - 
          (I) Natives born after December 18, 1971, and, at the further
        option of the Corporation, descendants of Natives born after
        December 18, 1971,
          (II) Natives who were eligible for enrollment pursuant to
        section 1604 of this title but were not so enrolled, or
          (III) Natives who have attained the age of 65,

      for no consideration or for such consideration and upon such
      terms and conditions as may be specified in such amendment or in
      a resolution approved by the board of directors pursuant to
      authority expressly vested in the board by the amendment. The
      amendment to the articles of incorporation may specify which
      class of Settlement Common Stock shall be issued to the various
      groups of Natives.
        (ii) Not more than one hundred shares of Settlement Common
      Stock shall be issued to any one individual pursuant to clause
      (i).
        (iii) The amendment authorized by clause (i) may provide that
      Settlement Common Stock issued to a Native pursuant to such
      amendment (or stock issued in exchange for such Settlement Common
      Stock pursuant to subsection (h)(3) of this section or section
      1629c(d) of this title) shall be deemed canceled upon the death
      of such Native. No compensation for this cancellation shall be
      paid to the estate of the deceased Native or to any person
      holding the stock.
        (iv) Settlement Common Stock issued pursuant to clause (i)
      shall not carry rights to share in distributions made to
      shareholders pursuant to subsections (j) and (m) of this section
      unless, prior to the issuance of such stock, a majority of the
      class of existing holders of Settlement Common Stock carrying
      such rights separately approve the granting of such rights. The
      articles of incorporation of the Regional Corporation shall be
      deemed to be amended to authorize such class vote.
        (C)(i) A Regional Corporation may amend its articles of
      incorporation to authorize the issuance of additional shares of
      Settlement Common Stock as a dividend or other distribution
      (without regard to surplus of the corporation under the laws of
      the State) upon each outstanding share of Settlement Common Stock
      issued pursuant to subparagraphs (A) and (B).
        (ii) The amendment authorized by clause (i) may provide that
      shares of Settlement Common Stock issued as a dividend or other
      distribution shall constitute a separate class of stock with
      greater per share voting power than Settlement Common Stock
      issued pursuant to subparagraphs (A) and (B).
      (2) Other forms of stock
        (A) A Regional Corporation may amend its articles of
      incorporation to authorize the issuance of shares of stock other
      than Settlement Common Stock in accordance with the provisions of
      this paragraph. Such amendment may provide that - 
          (i) preemptive rights of shareholders under the laws of the
        State shall not apply to the issuance of such shares, or
          (ii) issuance of such shares shall permanently preclude the
        corporation from - 
            (I) conveying assets to a Settlement Trust, or
            (II) issuing shares of stock without adequate consideration
          as required under the laws of the State.

        (B) The amendment authorized by subparagraph (A) may provide
      that the stock to be issued shall be one or more of the following
      - 
          (i) divided into classes and series within classes, with
        preferences, limitations, and relative rights, including,
        without limitation - 
            (I) dividend rights,
            (II) voting rights, and
            (III) liquidation preferences;

          (ii) made subject to one or more of - 
            (I) the restrictions on alienation described in clauses
          (i), (ii), and (iv) of subsection (h)(1)(B) of this section,
          and
            (II) the restriction described in paragraph (1)(B)(iii);
          and

          (iii) restricted in issuance to - 
            (I) Natives who have attained the age of sixty-five;
            (II) other identifiable groups of Natives or identifiable
          groups of descendants of Natives defined in terms of general
          applicability and not in any way by reference to place of
          residence or family;
            (III) Settlement Trusts; or
            (IV) entities established for the sole benefit of Natives
          or descendants of Natives, in which the classes of
          beneficiaries are defined in terms of general applicability
          and not in any way by reference to place of residence,
          family, or position as an officer, director, or employee of a
          Native Corporation.

        (C) The amendment authorized by subparagraph (A) shall provide
      that the additional shares of stock shall be issued - 
          (i) as a dividend or other distribution (without regard to
        surplus of the corporation under the laws of the State) upon
        all outstanding shares of stock of any class or series, or
          (ii) for such consideration as may be permitted by law
        (except that this requirement may be waived with respect to
        issuance of stock to the individuals or entities described in
        subparagraph (B)(iii)).

        (D) During any period in which alienability restrictions are in
      effect, no stock whose issuance is authorized by subparagraph (A)
      shall be - 
          (i) issued to, or for the benefit of, a group of individuals
        composed only or principally of employees, officers, and
        directors of the corporation; or
          (ii) issued more than thirteen months after the date on which
        the vote of the shareholders on the amendment authorizing the
        issuance of such stock occurred if, as a result of the
        issuance, the outstanding shares of Settlement Common Stock
        will represent less than a majority of the total voting power
        of the corporation for the purpose of electing directors.
      (3) Disclosure requirements
        (A) An amendment to the articles of incorporation of a Regional
      Corporation authorized by paragraph (2) shall specify - 
          (i) the maximum number of shares of any class or series of
        stock that may be issued, and
          (ii) the maximum number of votes that may be held by such
        shares.

        (B)(i) If the board of directors of a Regional Corporation
      intends to propose an amendment pursuant to paragraph (2) which
      would authorize the issuance of classes or series of stock that,
      singly or in combination, could cause the outstanding shares of
      Settlement Common Stock to represent less than a majority of the
      total voting power of the corporation for the purposes of
      electing directors, the shareholders of such corporation shall be
      expressly so informed.
        (ii) Such information shall be transmitted to the shareholders
      in a separate disclosure statement or in another informational
      document in writing or in recorded sound form both in English and
      any Native language used by a shareholder of such corporation.
      Such statement or informational document shall be transmitted to
      the shareholders at least sixty days prior to the date on which
      such proposal is to be submitted for a vote.
        (iii) If not later than thirty days after issuance of such
      disclosure statement or informational document the board of
      directors receives a prepared concise statement setting forth
      arguments in opposition to the proposed amendment together with a
      request for distribution thereof signed by the holders of at
      least 10 per centum of the outstanding shares of Settlement
      Common Stock, the board shall either distribute such statement to
      the shareholders or provide to the requesting shareholders a list
      of all shareholder's names and addresses so that the requesting
      shareholders may distribute such statement.
      (4) Savings
        (A)(i) No shares of stock issued pursuant to paragraphs (1)(C)
      and (2) shall carry rights to share in distributions made to
      shareholders pursuant to subsections (j) and (m) of this section.
      No shares of stock issued pursuant to paragraph (1)(B) shall
      carry such rights unless authorized pursuant to paragraph
      (1)(B)(iv).
        (ii) Notwithstanding the issuance of additional shares of stock
      pursuant to paragraphs (!1) (1)(B), (1)(C), or (2), a Regional
      Corporation shall apply the ratio last computed pursuant to
      subsection (m) of this section prior to February 3, 1988, for
      purposes of distributing funds pursuant to subsections (j) and
      (m) of this section.

        (B) The issuance of additional shares of stock pursuant to
      paragraphs (!1) (1)(B), (1)(C), or (2) shall not affect the
      division and distribution of revenues pursuant to subsection (i)
      of this section.
        (C) No provision of this chapter shall limit the right of a
      Regional Corporation to take an action authorized by the laws of
      the State unless such action is inconsistent with the provisions
      of this chapter.
    (h) Settlement Common Stock
      (1) Rights and restrictions
        (A) Except as otherwise expressly provided in this chapter,
      Settlement Common Stock of a Regional Corporation shall - 
          (i) carry a right to vote in elections for the board of
        directors and on such other questions as properly may be
        presented to shareholders;
          (ii) permit the holder to receive dividends or other
        distributions from the corporation; and
          (iii) vest in the holder all rights of a shareholder in a
        business corporation organized under the laws of the State.

        (B) Except as otherwise provided in this subsection, Settlement
      Common Stock, inchoate rights thereto, and rights to dividends or
      distributions declared with respect thereto shall not be - 
          (i) sold;
          (ii) pledged;
          (iii) subjected to a lien or judgment execution;
          (iv) assigned in present or future;
          (v) treated as an asset under - 
            (I) title 11 or any successor statute,
            (II) any other insolvency or moratorium law, or
            (III) other laws generally affecting creditors' rights; or

          (vi) otherwise alienated.

        (C) Notwithstanding the restrictions set forth in subparagraph
      (B), Settlement Common Stock may be transferred to a Native or a
      descendant of a Native - 
          (i) pursuant to a court decree of separation, divorce, or
        child support;
          (ii) by a holder who is a member of a professional
        organization, association, or board that limits his or her
        ability to practice his or her profession because he or she
        holds Settlement Common Stock; or
          (iii) as an inter vivos gift from a holder to his or her
        child, grandchild, great-grandchild, niece, nephew, or (if the
        holder has reached the age of majority as defined by the laws
        of the State of Alaska) brother or sister, notwithstanding an
        adoption, relinquishment, or termination of parental rights
        that may have altered or severed the legal relationship between
        the gift donor and recipient.
      (2) Inheritance of Settlement Common Stock
        (A) Upon the death of a holder of Settlement Common Stock,
      ownership of such stock (unless canceled in accordance with
      subsection (g)(1)(B)(iii) of this section) shall be transferred
      in accordance with the lawful will of such holder or pursuant to
      applicable laws of intestate succession. If the holder fails to
      dispose of his or her stock by will and has no heirs under
      applicable laws of intestate succession, the stock shall escheat
      to the issuing Regional Corporation and be canceled.
        (B) The issuing Regional Corporation shall have the right to
      purchase at fair value Settlement Common Stock transferred
      pursuant to applicable laws of intestate succession to a person
      not a Native or a descendant of a Native after February 3, 1988,
      if - 
          (i) the corporation - 
            (I) amends its articles of incorporation to authorize such
          purchases, and
            (II) gives the person receiving such stock written notice
          of its intent to purchase within ninety days after the date
          that the corporation either determines the decedent's heirs
          in accordance with the laws of the State or receives notice
          that such heirs have been determined, whichever later occurs;
          and

          (ii) the person receiving such stock fails to transfer the
        stock pursuant to paragraph (1)(C)(iii) within sixty days after
        receiving such written notice.

        (C) Settlement Common Stock of a Regional Corporation - 
          (i) transferred by will or pursuant to applicable laws of
        intestate succession after February 3, 1988, or
          (ii) transferred by any means prior to February 3, 1988,

      to a person not a Native or a descendant of a Native shall not
      carry voting rights. If at a later date such stock is lawfully
      transferred to a Native or a descendant of a Native, voting
      rights shall be automatically restored.
      (3) Replacement Common Stock
        (A) On the date on which alienability restrictions terminate in
      accordance with the provisions of section 1629c of this title,
      all Settlement Common Stock previously issued by a Regional
      Corporation shall be deemed canceled, and shares of Replacement
      Common Stock of the appropriate class shall be issued to each
      shareholder, share for share, subject only to subparagraph (B)
      and to such restrictions consistent with this chapter as may be
      provided by the articles of incorporation of the corporation or
      in agreements between the corporation and individual
      shareholders.
        (B)(i) Replacement Common Stock issued in exchange for
      Settlement Common Stock issued subject to the restriction
      authorized by subsection (g)(1)(B)(iii) of this section shall
      bear a legend indicating that the stock will eventually be
      canceled in accordance with the requirements of that subsection.
        (ii) Prior to the termination of alienability restrictions, the
      board of directors of the corporation shall approve a resolution
      to provide that each share of Settlement Common Stock carrying
      the right to share in distributions made to shareholders pursuant
      to subsections (j) and (m) of this section shall be exchanged
      either for - 
          (I) a share of Replacement Common Stock that carries such
        right, or
          (II) a share of Replacement Common Stock that does not carry
        such right together with a separate, non-voting security that
        represents only such right.

        (iii) Replacement Common Stock issued in exchange for a class
      of Settlement Common Stock carrying greater per share voting
      power than Settlement Common Stock issued pursuant to subsections
      (g)(1)(A) and (g)(1)(B) of this section shall carry such voting
      power and be subject to such other terms as may be provided in
      the amendment to the articles of incorporation authorizing the
      issuance of such class of Settlement Common Stock.
        (C) The articles of incorporation of the Regional Corporation
      shall be deemed amended to authorize the issuance of Replacement
      Common Stock and the security described in subparagraph
      (B)(ii)(II).
        (D) Prior to the date on which alienability restrictions
      terminate, a Regional Corporation may amend its articles of
      incorporation to impose upon Replacement Common Stock one or more
      of the following - 
          (i) a restriction denying voting rights to any holder of
        Replacement Common Stock who is not a Native or a descendant of
        a Native;
          (ii) a restriction granting the Regional Corporation, or the
        Regional Corporation and members of the shareholder's immediate
        family who are Natives or descendants of Natives, the first
        right to purchase, on reasonable terms, the Replacement Common
        Stock of the shareholder prior to the sale or transfer of such
        stock (other than a transfer by will or intestate succession)
        to any other party, including a transfer in satisfaction of a
        lien, writ of attachment, judgment execution, pledge, or other
        encumbrance; and
          (iii) any other term, restriction, limitation, or provision
        authorized by the laws of the State.

        (E) Replacement Common Stock shall not be subjected to a lien
      or judgment execution based upon any asserted or unasserted legal
      obligation of the original recipient arising prior to the
      issuance of such stock.
      (4) Purchase of settlement common stock of Cook Inlet Region
        (A) As used in this paragraph, the term "Cook Inlet Regional
      Corporation" means Cook Inlet Region, Incorporated.
        (B) The Cook Inlet Regional Corporation may, by an amendment to
      its articles of incorporation made in accordance with the voting
      standards under section 1629b(d)(1) of this title, purchase
      Settlement Common Stock of the Cook Inlet Regional Corporation
      and all rights associated with the stock from the shareholders of
      Cook Inlet Regional Corporation in accordance with any provisions
      included in the amendment that relate to the terms, procedures,
      number of offers to purchase, and timing of offers to purchase.
        (C) Subject to subparagraph (D), and notwithstanding paragraph
      (1)(B), the shareholders of Cook Inlet Regional Corporation may,
      in accordance with an amendment made pursuant to subparagraph
      (B), sell the Settlement Common Stock of the Cook Inlet Regional
      Corporation to itself.
        (D) No sale or purchase may be made pursuant to this paragraph
      without the prior approval of the board of directors of Cook
      Inlet Regional Corporation. Except as provided in subparagraph
      (E), each sale and purchase made under this paragraph shall be
      made pursuant to an offer made on the same terms to all holders
      of Settlement Common Stock of the Cook Inlet Regional
      Corporation.
        (E) To recognize the different rights that accrue to any class
      or series of shares of Settlement Common Stock owned by
      stockholders who are not residents of a Native village (referred
      to in this paragraph as "non-village shares"), an amendment made
      pursuant to subparagraph (B) shall authorize the board of
      directors (at the option of the board) to offer to purchase - 
          (i) the non-village shares, including the right to share in
        distributions made to shareholders pursuant to subsections (j)
        and (m) of this section (referred to in this paragraph as
        "nonresident distribution rights"), at a price that includes a
        premium, in addition to the amount that is offered for the
        purchase of other village shares of Settlement Common Stock of
        the Cook Inlet Regional Corporation, that reflects the value of
        the nonresident distribution rights; or
          (ii) non-village shares without the nonresident distribution
        rights associated with the shares.

        (F) Any shareholder who accepts an offer made by the board of
      directors pursuant to subparagraph (E)(ii) shall receive, with
      respect to each non-village share sold by the shareholder to the
      Cook Inlet Regional Corporation - 
          (i) the consideration for a share of Settlement Common Stock
        offered to shareholders of village shares; and
          (ii) a security for only the nonresident rights that attach
        to such share that does not have attached voting rights
        (referred to in this paragraph as a "non-voting security").

        (G) An amendment made pursuant to subparagraph (B) shall
      authorize the issuance of a non-voting security that - 
          (i) shall, for purposes of subsections (j) and (m) of this
        section, be treated as a non-village share with respect to - 
            (I) computing distributions under such subsections; and
            (II) entitling the holder of the share to the proportional
          share of the distributions made under such subsections;

          (ii) may be sold to Cook Inlet Region, Inc.; and
          (iii) shall otherwise be subject to the restrictions under
        paragraph (1)(B).

        (H) Any shares of Settlement Common Stock purchased pursuant to
      this paragraph shall be canceled on the conditions that - 
          (i) non-village shares with the nonresident rights that
        attach to such shares that are purchased pursuant to this
        paragraph shall be considered to be - 
            (I) outstanding shares; and
            (II) for the purposes of subsection (m) of this section,
          shares of stock registered on the books of the Cook Inlet
          Regional Corporation in the names of nonresidents of
          villages;

          (ii) any amount of funds that would be distributable with
        respect to non-village shares or non-voting securities pursuant
        to subsection (j) or (m) of this section shall be distributed
        by Cook Inlet Regional Corporation to itself; and
          (iii) village shares that are purchased pursuant to this
        paragraph shall be considered to be - 
            (I) outstanding shares, and
            (II) for the purposes of subsection (k) of this section
          shares of stock registered on the books of the Cook Inlet
          Regional Corporation in the names of the residents of
          villages.

        (I) Any offer to purchase Settlement Common Stock made pursuant
      to this paragraph shall exclude from the offer - 
          (i) any share of Settlement Common Stock held, at the time
        the offer is made, by an officer (including a member of the
        board of directors) of Cook Inlet Regional Corporation or a
        member of the immediate family of the officer; and
          (ii) any share of Settlement Common Stock held by any
        custodian, guardian, trustee, or attorney representing a
        shareholder of Cook Inlet Regional Corporation in fact or law,
        or any other similar person, entity, or representative.

        (J)(i) The board of directors of Cook Inlet Regional
      Corporation, in determining the terms of an offer to purchase
      made under this paragraph, including the amount of any premium
      paid with respect to a non-village share, may rely upon the good
      faith opinion of a recognized firm of investment bankers or
      valuation experts.
        (ii) Neither Cook Inlet Regional Corporation nor a member of
      the board of directors or officers of Cook Inlet Regional
      Corporation shall be liable for damages resulting from terms made
      in an offer made in connection with any purchase of Settlement
      Common Stock if the offer was made - 
          (I) in good faith;
          (II) in reliance on a determination made pursuant to clause
        (i); and
          (III) otherwise in accordance with this paragraph.

        (K) The consideration given for the purchase of Settlement
      Common Stock made pursuant to an offer to purchase that provides
      for such consideration may be in the form of cash, securities, or
      a combination of cash and securities, as determined by the board
      of directors of Cook Inlet Regional Corporation, in a manner
      consistent with an amendment made pursuant to subparagraph (B).
        (L) Sale of Settlement Common Stock in accordance with this
      paragraph shall not diminish a shareholder's status as an Alaska
      Native or descendant of a Native for the purpose of qualifying
      for those programs, benefits and services or other rights or
      privileges set out for the benefit of Alaska Natives and Native
      Americans. Proceeds from the sale of Settlement Common Stock
      shall not be excluded in determining eligibility for any needs-
      based programs that may be provided by Federal, State or local
      agencies.
    (i) Certain natural resource revenues; distribution among twelve
      Regional Corporations; computation of amount; subsection
      inapplicable to thirteenth Regional Corporation; exclusion from
      revenues
      (1)(A) Except as provided by subparagraph (B), 70 percent of all
    revenues received by each Regional Corporation from the timber
    resources and subsurface estate patented to it pursuant to this
    chapter shall be divided annually by the Regional Corporation among
    all twelve Regional Corporations organized pursuant to this section
    according to the number of Natives enrolled in each region pursuant
    to section 1604 of this title. The provisions of this subsection
    shall not apply to the thirteenth Regional Corporation if organized
    pursuant to subsection (c) hereof.
      (B) In the case of the sale, disposition, or other use of common
    varieties of sand, gravel, stone, pumice, peat, clay, or cinder
    resources made during a fiscal year ending after October 31, 1998,
    the revenues received by a Regional Corporation shall not be
    subject to division under subparagraph (A). Nothing in this
    subparagraph is intended to or shall be construed to alter the
    ownership of such sand, gravel, stone, pumice, peat, clay, or
    cinder resources.
      (2) For purposes of this subsection, the term "revenues" does not
    include any benefit received or realized for the use of losses
    incurred or credits earned by a Regional Corporation.
    (j) Corporate funds and other net income, distribution among:
      stockholders of Regional Corporations; Village Corporations and
      nonresident stockholders; and stockholders of thirteenth Regional
      Corporation
      During the five years following December 18, 1971, not less than
    10% of all corporate funds received by each of the twelve Regional
    Corporations under section 1605 of this title (Alaska Native Fund),
    and under subsection (i) of this section (revenues from the timber
    resources and subsurface estate patented to it pursuant to this
    chapter), and all other net income, shall be distributed among the
    stockholders of the twelve Regional Corporations. Not less than 45%
    of funds from such sources during the first five-year period, and
    50% thereafter, shall be distributed among the Village Corporations
    in the region and the class of stockholders who are not residents
    of those villages, as provided in subsection (!2) to it. In the
    case of the thirteenth Regional Corporation, if organized, not less
    than 50% of all corporate funds received under section 1605 of this
    title shall be distributed to the stockholders.

    (k) Distributions among Village Corporations; computation of amount
      Funds distributed among the Village Corporations shall be divided
    among them according to the ratio that the number of shares of
    stock registered on the books of the Regional Corporation in the
    names of residents of each village bears to the number of shares of
    stock registered in the names of residents in all villages.
    (l) Distributions to Village Corporations; village plan:
      withholding funds until submission of plan for use of money;
      joint ventures and joint financing of projects; disagreements,
      arbitration of issues as provided in articles of Regional
      Corporation
      Funds distributed to a Village Corporation may be withheld until
    the village has submitted a plan for the use of the money that is
    satisfactory to the Regional Corporation. The Regional Corporation
    may require a village plan to provide for joint ventures with other
    villages, and for joint financing of projects undertaken by the
    Regional Corporation that will benefit the region generally. In the
    event of disagreement over the provisions of the plan, the issues
    in disagreement shall be submitted to arbitration, as shall be
    provided for in the articles of incorporation of the Regional
    Corporation.
    (m) Distributions among Village Corporations in a region;
      computation of dividends for nonresidents of village; financing
      regional projects with equitably withheld dividends and Village
      Corporation funds
      When funds are distributed among Village Corporations in a
    region, an amount computed as follows shall be distributed as
    dividends to the class of stockholders who are not residents of
    those villages: The amount distributed as dividends shall bear the
    same ratio to the amount distributed among the Village Corporations
    that the number of shares of stock registered on the books of the
    Regional Corporation in the names of nonresidents of villages bears
    to the number of shares of stock registered in the names of village
    residents: Provided, That an equitable portion of the amount
    distributed as dividends may be withheld and combined with Village
    Corporation funds to finance projects that will benefit the region
    generally.
    (n) Projects for Village Corporations
      The Regional Corporation may undertake on behalf of one or more
    of the Village Corporations in the region any project authorized
    and financed by them.
    (o) Annual audit; place; availability of papers, things, or
      property to auditors to facilitate audits; verification of
      transactions; report to stockholders
      The accounts of the Regional Corporation shall be audited
    annually in accordance with generally accepted auditing standards
    by independent certified public accountants or independent licensed
    public accountants, certified or licensed by a regulatory authority
    of the State or the United States. The audits shall be conducted at
    the place or places where the accounts of the Regional Corporation
    are normally kept. All books, accounts, financial records, reports,
    files, and other papers, things, or property belonging to or in use
    by the Regional Corporation and necessary to facilitate the audits
    shall be available to the person or persons conducting the audits;
    and full facilities for verifying transactions with the balances or
    securities held by depositories, fiscal agent, and custodians shall
    be afforded to such person or persons. Each audit report or a fair
    and reasonably detailed summary thereof shall be transmitted to
    each stockholder.
    (p) Federal-State conflict of laws
      In the event of any conflict between the provisions of this
    section and the laws of the State of Alaska, the provisions of this
    section shall prevail.
    (q) Business management group; investment services contracts
      Two or more Regional Corporations may contract with the same
    business management group for investment services and advice
    regarding the investment of corporate funds.
    (r) Benefits for shareholders or immediate families
      The authority of a Native Corporation to provide benefits to its
    shareholders who are Natives or descendants of Natives or to its
    shareholders' immediate family members who are Natives or
    descendants of Natives to promote the health, education, or welfare
    of such shareholders or family members is expressly authorized and
    confirmed. Eligibility for such benefits need not be based on share
    ownership in the Native Corporation and such benefits may be
    provided on a basis other than pro rata based on share ownership.

-SOURCE-
    (Pub. L. 92-203, Sec. 7, Dec. 18, 1971, 85 Stat. 691; Pub. L. 96-
    487, title XIV, Sec. 1401(a), (c), Dec. 2, 1980, 94 Stat. 2491,
    2492; Pub. L. 100-241, Secs. 4, 5, 12(a), Feb. 3, 1988, 101 Stat.
    1790, 1792, 1810; Pub. L. 102-415, Secs. 4, 8, Oct. 14, 1992, 106
    Stat. 2113, 2114; Pub. L. 104-10, Sec. 1(a), May 18, 1995, 109
    Stat. 155; Pub. L. 104-42, title I, Sec. 109(a), Nov. 2, 1995, 109
    Stat. 357; Pub. L. 105-333, Secs. 8, 12, Oct. 31, 1998, 112 Stat.
    3134, 3135; Pub. L. 106-194, Sec. 2, May 2, 2000, 114 Stat. 242.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (h)(1)(C)(iii). Pub. L. 106-194 inserted before
    period at end ", notwithstanding an adoption, relinquishment, or
    termination of parental rights that may have altered or severed the
    legal relationship between the gift donor and recipient".
      1998 - Subsec. (i)(1). Pub. L. 105-333, Sec. 8(1), substituted
    "(A) Except as provided by subparagraph (B), 70 percent" for
    "Seventy per centum".
      Pub. L. 105-333, Sec. 8(2), which directed the addition of
    subpar. (B) at the end of subsec. (i), was executed by adding
    subpar. (B) at the end of par. (1) of subsec. (i) to reflect the
    probable intent of Congress.
      Subsec. (r). Pub. L. 105-333, Sec. 12, added subsec. (r).
      1995 - Subsec. (h)(4). Pub. L. 104-10 added par. (4).
      Subsec. (i). Pub. L. 104-42 designated existing provisions as
    par. (1) and added par. (2).
      1992 - Subsec. (g)(1)(B)(i)(I). Pub. L. 102-415, Sec. 8, inserted
    at end "and, at the further option of the Corporation, descendants
    of Natives born after December 18, 1971,".
      Subsec. (h)(1)(C)(iii). Pub. L. 102-415, Sec. 4, substituted
    "nephew, or (if the holder has reached the age of majority as
    defined by the laws of the State of Alaska) brother or sister" for
    "or nephew".
      1988 - Subsec. (g). Pub. L. 100-241, Sec. 4, amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "The
    Regional Corporation shall be authorized to issue such number of
    shares of common stock, divided into such classes of shares as may
    be specified in the articles of incorporation to reflect the
    provisions of this chapter, as may be needed to issue one hundred
    shares of stock to each Native enrolled in the region pursuant to
    section 1604 of this title."
      Subsec. (h)(1), (2). Pub. L. 100-241, Sec. 5, amended pars. (1)
    and (2) generally, changing structure of each from a single
    unlettered paragraph to one consisting of subpars. (A) to (C).
      Subsec. (h)(3). Pub. L. 100-241, Sec. 5, amended par. (3)
    generally, revising and restating as subpars. (A) to (E) provisions
    of former subpars. (A) to (C).
      Subsec. (o). Pub. L. 100-241, Sec. 12(a), struck out ", to the
    Secretary of the Interior and to the Committees on Interior and
    Insular Affairs of the Senate and the House of Representatives"
    after "to each stockholder" in last sentence.
      1980 - Subsec. (h)(1). Pub. L. 96-487, Sec. 1401(c), inserted "or
    by stockholder who is a member of a professional organization,
    association, or board which limits the ability of that stockholder
    to practice his profession because of holding stock issued under
    this chapter" after "divorce or child support". Section 1401(c) of
    Pub. L. 96-487 directed that section 1696(h)(1) of this title be
    amended, however, since no section 1696 of this title has been
    enacted, amendment was executed to subsec. (h)(1) of this section
    to reflect the probable intent of Congress.
      Subsec. (h)(3). Pub. L. 96-487, Sec. 1401(a), substituted
    provisions that provided on Dec. 18, 1991, all stock previously
    issued be deemed canceled, and shares of stock of the appropriate
    class be issued to each shareholder share for share subject only to
    such restrictions as provided by the articles of incorporation, or
    agreement between the corporation and individual, specified
    restrictions which may be included by amendment in the articles of
    incorporation, and provided voting requirements for amendment of
    the articles of incorporation for approval of restrictions and the
    grant of voting rights to stockholders who were previously denied
    such rights for provision that provided on Jan. 1 of the twenty-
    first year after the year in which this chapter was enacted, all
    stock previously issued be deemed canceled and the shares of stock
    of the appropriate class issued without restrictions required by
    this chapter to each stockholder share for share.

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Section 109(b) of Pub. L. 104-42 provided that: "This amendment
    [amending this section] shall be effective as of the date of
    enactment of the Alaska Native Claims Settlement Act, Public Law 92-
    203 (43 U.S.C. 1601, et seq.) [Dec. 18, 1971]."

-FOOTNOTE-
    (!1) So in original. Probably should be "paragraph".

    (!2) So in original.

-End-

-CITE-
    43 USC Sec. 1607                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1607. Village Corporations

-STATUTE-
    (a) Organization of Corporation prerequisite to receipt of patent
      to lands or benefits under chapter
      The Native residents of each Native village entitled to receive
    lands and benefits under this chapter shall organize as a business
    for profit or nonprofit corporation under the laws of the State
    before the Native village may receive patent to lands or benefits
    under this chapter, except as otherwise provided.
    (b) Regional Corporation: approval of initial articles; review and
      approval of amendments to articles and annual budgets; assistance
      in preparation of articles and other documents
      The initial articles of incorporation for each Village
    Corporation shall be subject to the approval of the Regional
    Corporation for the region in which the village is located.
    Amendments to the articles of incorporation and the annual budgets
    of the Village Corporations shall, for a period of five years, be
    subject to review and approval by the Regional Corporation. The
    Regional Corporation shall assist and advise Native villages in the
    preparation of articles of incorporation and other documents
    necessary to meet the requirements of this subsection.
    (c) Applicability of section 1606
      The provisions of subsections (g), (h) (other than paragraph
    (4)), and (o) of section 1606 of this title shall apply in all
    respects to Village Corporations, Urban Corporations, and Group
    Corporations.

-SOURCE-
    (Pub. L. 92-203, Sec. 8, Dec. 18, 1971, 85 Stat. 694; Pub. L. 96-
    487, title XIV, Sec. 1401(b), Dec. 2, 1980, 94 Stat. 2492; Pub. L.
    100-241, Sec. 6, Feb. 3, 1988, 101 Stat. 1795; Pub. L. 104-10, Sec.
    1(b), May 18, 1995, 109 Stat. 157.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (c). Pub. L. 104-10 substituted "(h) (other than
    paragraph (4))" for "(h)".
      1988 - Subsec. (c). Pub. L. 100-241 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "The
    provisions concerning stock alienation, annual audit, and transfer
    of stock ownership on death or by court decree provided for
    regional corporations in section 1606 of this title, including the
    provisions of section 1606(h)(3) of this title shall apply to
    Village Corporations Urban Corporations and Native Groups; except
    that audits need not be transmitted to the Committee on Interior
    and Insular Affairs of the House of Representatives or to the
    Committee on Energy and Natural Resources of the Senate."
      1980 - Subsec. (c). Pub. L. 96-487 inserted provision making
    provisions of section 1606 of this title, including section
    1606(h)(3) of this title, applicable to Village Corporations, Urban
    Corporations, and Native Groups and substituted provision that
    audits need not be transmitted to the Committee on Interior and
    Insular Affairs of the House of Representatives or the Committee on
    Energy and Natural Resources of the Senate for provision that
    audits need not be transmitted to the Committees on Interior and
    Insular Affairs of the Senate and the House of Representatives.

-End-

-CITE-
    43 USC Sec. 1608                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1608. Revenue sharing

-STATUTE-
    (a) Minerals within section
      The provisions of this section shall apply to all minerals that
    are subject to disposition under the Mineral Leasing Act of 1920,
    as amended and supplemented [30 U.S.C. 181 et seq.].
    (b) Interim payments into Alaska Native Fund based on percentage of
      gross value of produced or removed minerals and of rentals and
      bonuses; time of payment
      With respect to conditional leases and sales of minerals
    heretofore or hereafter made pursuant to section 6(g) of the Alaska
    Statehood Act, and with respect to mineral leases of the United
    States that are or may be subsumed by the State under section 6(h)
    of the Alaska Statehood Act, until such time as the provisions of
    subsection (c) of this section become operative the State shall pay
    into the Alaska Native Fund from the royalties, rentals, and
    bonuses hereafter received by the State (1) a royalty of 2 per
    centum upon the gross value (as such gross value is determined for
    royalty purposes under such leases or sales) of such minerals
    produced or removed from such lands, and (2) 2 per centum of all
    rentals and bonuses under such leases or sales, excluding bonuses
    received by the State at the September 1969 sale of minerals from
    tentatively approved lands and excluding rentals received pursuant
    to such sale before December 18, 1971. Such payment shall be made
    within sixty days from the date the revenues are received by the
    State.
    (c) Patents; royalties: reservation of percentage of gross value of
      produced or removed minerals and of rentals and bonuses from
      disposition of minerals
      Each patent hereafter issued to the State under the Alaska
    Statehood Act, including a patent of lands heretofore selected and
    tentatively approved, shall reserve for the benefit of the Natives,
    and for payment into the Alaska Native Fund, (1) a royalty of 2 per
    centum upon the gross value (as such gross value is determined for
    royalty purposes under any disposition by the State) of the
    minerals thereafter produced or removed from such lands, and (2) 2
    per centum of all revenues thereafter derived by the State from
    rentals and bonuses from the disposition of such minerals.
    (d) Distribution of bonuses, rentals, and royalties from Federal
      disposition of minerals in public lands; payments into Alaska
      Native Fund based on percentage of gross value of produced
      minerals and of rentals and bonuses; Federal and State share
      calculation on remaining balance
      All bonuses, rentals, and royalties received by the United States
    after December 18, 1971, from the disposition by it of such
    minerals in public lands in Alaska shall be distributed as provided
    in the Alaska Statehood Act, except that prior to calculating the
    shares of the State and the United States as set forth in such Act,
    (1) a royalty of 2 per centum upon the gross value of such minerals
    produced (as such gross value is determined for royalty purposes
    under the sale or lease), and (2) 2 per centum of all rentals and
    bonuses shall be deducted and paid into the Alaska Native Fund. The
    respective shares of the State and the United States shall be
    calculated on the remaining balance.
    (e) Federal enforcement; State underpayment: deductions from grants-
      in-aid or other Federal assistance equal to underpayment and
      deposit of such amount in Fund
      The provisions of this section shall be enforceable by the United
    States for the benefit of the Natives, and in the event of default
    by the State in making the payments required, in addition to any
    other remedies provided by law, there shall be deducted annually by
    the Secretary of the Treasury from any grant-in-aid or from any
    other sums payable to the State under any provision of Federal law
    an amount equal to any such underpayment, which amount shall be
    deposited in the Fund.
    (f) Oil and gas revenues; amount payable equal to Federal or State
      royalties in cash or kind
      Revenues received by the United States or the State as
    compensation for estimated drainage of oil or gas shall, for the
    purposes of this section, be regarded as revenues from the
    disposition of oil and gas. In the event the United States or the
    State elects to take royalties in kind, there shall be paid into
    the Fund on account thereof an amount equal to the royalties that
    would have been paid into the Fund under the provisions of this
    section had the royalty been taken in cash.
    (g) Alaska Native Fund payments; cessation; reimbursement for
      advance payments
      The payments required by this section shall continue only until a
    sum of $500,000,000 has been paid into the Alaska Native Fund less
    the total of advance payments paid into the Alaska Native Fund
    pursuant to section 407 of the Trans-Alaska Pipeline Authorization
    Act. Thereafter, payments which would otherwise go into the Alaska
    Native Fund will be made to the United States Treasury as
    reimbursement for the advance payments authorized by section 407 of
    the Trans-Alaskan Pipeline Authorization Act. The provisions of
    this section shall no longer apply, and the reservation required in
    patents under this section shall be of no further force and effect,
    after a total sum of $500,000,000 has been paid to the Alaska
    Native Fund and to the United States Treasury pursuant to this
    subsection.
    (h) Final payment; order of computation
      When computing the final payment into the Fund the respective
    shares of the United States and the State with respect to payments
    to the Fund required by this section shall be determined pursuant
    to this subsection and in the following order:
        (1) first, from sources identified under subsections (b) and
      (c) hereof; and
        (2) then, from sources identified under subsection (d) hereof.
    (i) Outer Continental Shelf mineral revenues; provisions of section
      inapplicable
      The provisions of this section do not apply to mineral revenues
    received from the Outer Continental Shelf.

-SOURCE-
    (Pub. L. 92-203, Sec. 9, Dec. 18, 1971, 85 Stat. 694; Pub. L. 93-
    153, title IV, Sec. 407(b), Nov. 16, 1973, 87 Stat. 591.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act of 1920, referred to in subsec. (a), is
    act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.
      The Alaska Statehood Act, referred to in subsecs. (b), (c), and
    (d), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended,
    which is set out as a note preceding section 21 of Title 48. For
    complete classification of this Act to the Code, see Tables.
      Section 407 of the Trans-Alaska Pipeline Authorization Act,
    referred to in subsec. (g), probably means section 407(a) of Pub.
    L. 93-153, which is set out as a note below.

-MISC1-
                                AMENDMENTS                            
      1973 - Subsec. (g). Pub. L. 93-153 inserted provisions covering
    advance payments into the Alaska Native Fund pursuant to section
    407 of the Trans-Alaska Pipeline Authorization Act and the
    reimbursement of the United States Treasury for payments made.

    ADVANCE PAYMENTS TO ALASKA NATIVES UNTIL COMMENCEMENT OF DELIVERIES
                   OF NORTH SLOPE CRUDE OIL TO PIPELINE
      Section 407(a) of Pub. L. 93-153 authorized $5,000,000 to be paid
    from the United States Treasury to the Alaska Native Fund every six
    months of each fiscal year beginning with the fiscal year ending
    June 30, 1976, as advance payments chargeable against revenues paid
    under this section until delivery of North Slope crude oil to a
    pipeline commenced.

-End-

-CITE-
    43 USC Sec. 1609                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1609. Limitation of actions

-STATUTE-
    (a) Complaint, time for filing; jurisdiction; commencement by State
      official; certainty and finality of vested rights, titles, and
      interests
      Notwithstanding any other provision of law, any civil action to
    contest the authority of the United States to legislate on the
    subject matter or the legality of this chapter shall be barred
    unless the complaint is filed within one year of December 18, 1971,
    and no such action shall be entertained unless it is commenced by a
    duly authorized official of the State. Exclusive jurisdiction over
    such action is hereby vested in the United States District Court
    for the District of Alaska. The purpose of this limitation on suits
    is to insure that, after the expiration of a reasonable period of
    time, the right, title, and interest of the United States, the
    Natives, and the State of Alaska will vest with certainty and
    finality and may be relied upon by all other persons in their
    relations with the State, the Natives, and the United States.
    (b) Land selection; suspension and extension of rights
      In the event that the State initiates litigation or voluntarily
    becomes a party to litigation to contest the authority of the
    United States to legislate on the subject matter or the legality of
    this chapter, all rights of land selection granted to the State by
    the Alaska Statehood Act shall be suspended as to any public lands
    which are determined by the Secretary to be potentially valuable
    for mineral development, timber, or other commercial purposes, and
    no selections shall be made, no tentative approvals shall be
    granted, and no patents shall be issued for such lands during the
    pendency of such litigation. In the event of such suspension, the
    State's right of land selection pursuant to section 6 of the Alaska
    Statehood Act shall be extended for a period of time equal to the
    period of time the selection right was suspended.

-SOURCE-
    (Pub. L. 92-203, Sec. 10, Dec. 18, 1971, 85 Stat. 696.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Statehood Act and section 6 of the Alaska Statehood
    Act, referred to in subsec. (b), are Pub. L. 85-508, July 7, 1958,
    72 Stat. 339, and section 6 thereof, as amended, and are set out as
    a note preceding section 21 of Title 48, Territories and Insular
    Possessions. For complete classification of this Act to the Code,
    see Tables.

-End-

-CITE-
    43 USC Sec. 1610                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1610. Withdrawal of public lands

-STATUTE-
    (a) Description of withdrawn public lands; exceptions; National
      Wildlife Refuge lands exception; time of withdrawal
      (1) The following public lands are withdrawn, subject to valid
    existing rights, from all forms of appropriation under the public
    land laws, including the mining and mineral leasing laws, and from
    selection under the Alaska Statehood Act, as amended:
        (A) The lands in each township that encloses all or part of any
      Native village identified pursuant to subsection (b) of this
      section;
        (B) The lands in each township that is contiguous to or corners
      on the township that encloses all or part of such Native village;
      and
        (C) The lands in each township that is contiguous to or corners
      on a township containing lands withdrawn by paragraph (B) of this
      subsection.

    The following lands are excepted from such withdrawal: lands in the
    National Park System and lands withdrawn or reserved for national
    defense purposes other than Naval Petroleum Reserve Numbered 4.
      (2) All lands located within the townships described in
    subsection (a)(1) hereof that have been selected by, or tentatively
    approved to, but not yet patented to, the State under the Alaska
    Statehood Act are withdrawn, subject to valid existing rights, from
    all forms of appropriation under the public land laws, including
    the mining and mineral leasing laws, and from the creation of third
    party interests by the State under the Alaska Statehood Act.
      (3)(A) If the Secretary determines that the lands withdrawn by
    subsections (a)(1) and (2) hereof are insufficient to permit a
    Village or Regional Corporation to select the acreage it is
    entitled to select, the Secretary shall withdraw three times the
    deficiency from the nearest unreserved, vacant and unappropriated
    public lands. In making this withdrawal the Secretary shall,
    insofar as possible, withdraw public lands of a character similar
    to those on which the village is located and in order of their
    proximity to the center of the Native village: Provided, That if
    the Secretary, pursuant to section 1616, and 1621(e) of this title
    determines there is a need to expand the boundaries of a National
    Wildlife Refuge to replace any acreage selected in the Wildlife
    Refuge System by the Village Corporation the withdrawal under this
    section shall not include lands in the Refuge.
      (B) The Secretary shall make the withdrawal provided for in
    subsection (3)(A) hereof on the basis of the best available
    information within sixty days of December 18, 1971, or as soon
    thereafter as practicable.
    (b) List of Native villages subject to chapter; review; eligibility
      for benefits; expiration of withdrawals for villages; alternative
      eligibility; eligibility of unlisted villages
      (1) The Native villages subject to this chapter are as follows:

                         NAME OF PLACE AND REGION                     
        Afognak, Afognak Island.
        Akhiok, Kodiak.
        Akiachak, Southwest Coastal Lowland.
        Akiak, Southwest Coastal Lowland.
        Akutan, Aleutian.
        Alakanuk, Southwest Coastal Lowland.
        Alatna, Koyukuk-Lower Yukon.
        Aleknagik, Bristol Bay.
        Allakaket, Koyukuk-Lower Yukon.
        Ambler, Bering Strait.
        Anaktuvuk, Pass, Arctic Slope.
        Andreafsey, Southwest Coastal Lowland.
        Aniak, Southwest Coastal Lowland.
        Anvik, Koyukuk-Lower Yukon.
        Arctic Village, Upper Yukon-Porcupine.
        Atka, Aleutian.
        Atkassok, Arctic Slope.
        Atmautlauk, Southwest Coastal Lowland.
        Barrow, Arctic Slope.
        Beaver, Upper Yukon-Porcupine.
        Belkofsky, Aleutian.
        Bethel, Southwest Coastal Lowland.
        Bill Moore's, Southwest Coastal Lowland.
        Biorka, Aleutian.
        Birch Creek, Upper Yukon-Porcupine.
        Brevig Mission, Bering Strait.
        Buckland, Bering Strait.
        Candle, Bering Strait.
        Cantwell, Tanana.
        Canyon Village, Upper Yukon-Porcupine.
        Chalkyitsik, Upper Yukon-Porcupine.
        Chanilut, Southwest Coastal Lowland.
        Cherfornak, Southwest Coastal Lowland.
        Chevak, Southwest Coastal Lowland.
        Chignik, Kodiak.
        Chignik Lagoon, Kodiak.
        Chignik Lake, Kodiak.
        Chistochina, Copper River.
        Chitina, Copper River.
        Chukwuktoligamute, Southwest Coastal Lowland.
        Circle, Upper Yukon-Porcupine.
        Clark's Point, Bristol Bay.
        Copper Center, Copper River.
        Crooked Creek, Upper Kuskokwim.
        Deering, Bering Strait.
        Dillingham, Bristol Bay.
        Dot Lake, Tanana.
        Eagle, Upper Yukon-Porcupine.
        Eek, Southwest Coastal Lowland.
        Egegik, Bristol Bay.
        Eklutna, Cook Inlet.
        Ekuk, Bristol Bay.
        Ekwok, Bristol Bay.
        Elim, Bering Strait.
        Emmonak, Southwest Coastal Lowland.
        English Bay, Cook Inlet.
        False Pass, Aleutian.
        Fort Yukon, Upper Yukon-Porcupine.
        Gakona, Copper River.
        Galena, Koyukuk-Lower Yukon.
        Gambell, Bering Sea.
        Georgetown, Upper Kuskokwim.
        Golovin, Bering Strait.
        Goodnews Bay, Southwest Coastal Lowland.
        Grayling, Koyukuk-Lower Yukon.
        Gulkana, Copper River.
        Hamilton, Southwest Coastal Lowland.
        Holy Cross, Koyukuk-Lower Yukon.
        Hooper Bay, Southwest Coastal Lowland.
        Hughes, Koyukuk-Lower Yukon.
        Huslia, Koyukuk-Lower Yukon.
        Igiugig, Bristol Bay.
        Iliamna, Cook Inlet.
        Inalik, Bering Strait.
        Ivanof Bay, Aleutian.
        Kaguyak, Kodiak.
        Katovik, Arctic Slope.
        Kalskag, Southwest Coastal Lowland.
        Kaltag, Koyukuk-Lower Yukon.
        Karluk, Kodiak.
        Kasigluk, Southwest Coastal Lowland.
        Kiana, Bering Strait.
        King Cove, Aleutian.
        Kipnuk, Southeast Coastal Lowland.
        Kivalina, Bering Strait.
        Kobuk, Bering Strait.
        Kokhanok, Bristol Bay.
        Koliganek, Bristol Bay.
        Kongiganak, Southwest Coastal Lowland.
        Kotlik, Southwest Coastal Lowland.
        Kotzebue, Bering Strait.
        Koyuk, Bering Strait.
        Koyukuk, Koyukuk-Lower Yukon.
        Kwethluk, Southwest Coastal Lowland.
        Kwigillingok, Southwest Coastal Lowland.
        Larsen Bay, Kodiak.
        Levelock, Bristol Bay.
        Lime Village, Upper Kuskokwim.
        Lower Kalskag, Southwest Coastal Lowland.
        McGrath, Upper Kuskokwim.
        Makok, Koyukuk-Lower Yukon.
        Manley Hot Springs, Tanana.
        Manokotak, Bristol Bay.
        Marshall, Southwest Coastal Lowland.
        Mary's Igloo, Bering Strait.
        Medfra, Upper Kuskokwim.
        Mekoryuk, Southwest Coastal Lowland.
        Mentasta Lake, Copper River.
        Minchumina Lake, Upper Kuskokwim.
        Minto, Tanana.
        Mountain Village, Southwest Coastal Lowland.
        Nabesna Village, Tranana.
        Naknek, Bristol Bay.
        Napaimute, Upper Kuskokwim.
        Napakiak, Southwest Coastal Lowland.
        Napaskiak, Southwest Coastal Lowland.
        Nelson Lagoon, Aleutian.
        Nenana, Tanana.
        Newhalen, Cook Inlet.
        New Stuyahok, Bristol Bay.
        Newtok, Southwest Coastal Lowland.
        Nightmute, Southwest Coastal Lowland.
        Nikolai, Upper Kuskokwim.
        Nikolski, Aleutian.
        Ninilchik, Cook Inlet.
        Noatak, Bering Strait.
        Nome, Bering Strait.
        Nondalton, Cook Inlet.
        Nooiksut, Arctic Slope.
        Noorvik, Bering Strait.
        Northeast Cape, Bering Sea.
        Northway, Tanana.
        Nulato, Koyukuk-Lower Yukon.
        Nunapitchuk, Southwest Coastal Lowland.
        Ohogamiut, Southwest Coastal Lowland.
        Old Harbor, Kodiak.
        Oscarville, Southwest Coastal Lowland.
        Ouzinkie, Kodiak.
        Paradise, Koyukuk-Lower Yukon.
        Pauloff Harbor, Aleutian.
        Pedro Bay, Cook Inlet.
        Perryville, Kodiak.
        Pilot Point, Bristol Bay.
        Pilot Station, Southwest Coastal Lowland.
        Pitkas Point, Southwest Coastal Lowland.
        Platinum, Southwest Coastal Lowland.
        Point Hope, Arctic Slope.
        Point Lay, Arctic Slope.
        Portage Creek (Ohgsenakale), Bristol Bay.
        Port Graham, Cook Inlet.
        Port Heiden (Meshick), Aleutian.
        Port Lions, Kodiak.
        Quinhagak, Southwest Coastal Lowland.
        Rampart, Upper Yukon-Porcupine.
        Red Devil, Upper Kuskokwim.
        Ruby, Koyukuk-Lower Yukon.
        Russian Mission or Chauthalue (Kuskokwim), Upper Kuskokwim.
        Russian Mission (Yukon), Southwest Coastal Lowland.
        St. George, Aleutian.
        St. Mary's, Southwest Coastal Lowland.
        St. Michael, Bering Strait.
        St. Paul, Aleutian.
        Salamatof, Cook Inlet.
        Sand Point, Aleutian.
        Savonoski, Bristol Bay.
        Savoonga, Bering Sea.
        Scammon Bay, Southwest Coastal Lowland.
        Selawik, Bering Strait.
        Seldovia, Cook Inlet.
        Shageluk, Koyukuk-Lower Yukon.
        Shaktoolik, Bering Strait.
        Sheldon's Point, Southwest Coastal Lowland.
        Shishmaref, Bering Strait.
        Shungnak, Bering Strait.
        Slana, Copper River.
        Sleetmute, Upper Kuskokwim.
        South Naknek, Bristol Bay.
        Squaw Harbor, Aleutian.
        Stebbins, Bering Strait.
        Stevens Village, Upper Yukon-Porcupine.
        Stony River, Upper Kuskokwim.
        Takotna, Upper Kuskokwim.
        Tanacross, Tanana.
        Tanana, Koyukuk-Lower Yukon.
        Tatilek, Chugach.
        Tazlina, Copper River.
        Telida, Upper Kuskokwim.
        Teller, Bering Strait.
        Tetlin, Tanana.
        Togiak, Bristol Bay.
        Toksook Bay, Southwest Coastal Lowland.
        Tulusak, Southwest Coastal Lowland.
        Tuntutuliak, Southwest Coastal Lowland.
        Tununak, Southwest Coastal Lowland.
        Twin Hills, Bristol Bay.
        Tyonek, Cook Inlet.
        Ugashik, Bristol Bay.
        Unalakleet, Bering Strait.
        Unalaska, Aleutian.
        Unga, Aleutian.
        Uyak, Kodiak.
        Venetie, Upper Yukon-Porcupine.
        Wainwright, Arctic Slope.
        Wales, Bering Strait.
        White Mountain, Bering Strait.

      (2) Within two and one-half years from December 18, 1971, the
    Secretary shall review all of the villages listed in subsection
    (b)(1) hereof, and a village shall not be eligible for land
    benefits under section 1613(a) and (b) of this title, and any
    withdrawal for such village shall expire, if the Secretary
    determines that - 
        (A) less than twenty-five Natives were residents of the village
      on the 1970 census enumeration date as shown by the census or
      other evidence satisfactory to the Secretary, who shall make
      findings of fact in each instance; or
        (B) the village is of a modern and urban character, and the
      majority of the residents are non-Native.

    Any Native group made ineligible by this subsection shall be
    considered under section 1613(h) of this title.
      (3) Native villages not listed in subsection (b)(1) hereof shall
    be eligible for land and benefits under this chapter and lands
    shall be withdrawn pursuant to this section if the Secretary within
    two and one-half years from December 18, 1971, determines that - 
        (A) twenty-five or more Natives were residents of an
      established village on the 1970 census enumeration date as shown
      by the census or other evidence satisfactory to the Secretary,
      who shall make findings of fact in each instance; and
        (B) the village is not of a modern and urban character, and a
      majority of the residents are Natives.

-SOURCE-
    (Pub. L. 92-203, Sec. 11, Dec. 18, 1971, 85 Stat. 696.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (a)(1), are
    classified generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (a)(1), are classified generally to Title 30, Mineral Lands
    and Mining.
      The Alaska Statehood Act, as amended, referred to in subsec.
    (a)(1), (2), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as
    amended, which is set out as a note preceding section 21 of Title
    48, Territories and Insular Possessions. For complete
    classification of this Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1611                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1611. Native land selections

-STATUTE-
    (a) Acreage limitation; proximity of selections and size of
      sections and units; waiver
      (1) During a period of three years from December 18, 1971, the
    Village Corporation for each Native village identified pursuant to
    section 1610 of this title shall select, in accordance with rules
    established by the Secretary, all of the township or townships in
    which any part of the village is located, plus an area that will
    make the total selection equal to the acreage to which the village
    is entitled under section 1613 of this title. The selection shall
    be made from lands withdrawn by section 1610(a) of this title:
    Provided, That no Village Corporation may select more than 69,120
    acres from lands withdrawn by section 1610(a)(2) of this title, and
    not more than 69,120 acres from the National Wildlife Refuge
    System, and not more than 69,120 acres in a National Forest:
    Provided further, That when a Village Corporation selects the
    surface estate to lands within the National Wildlife Refuge System
    or Naval Petroleum Reserve Numbered 4, the Regional Corporation,
    for that region may select the subsurface estate in an equal
    acreage from other lands withdrawn in section 1610(a) of this title
    within the region, if possible.
      (2) Selections made under this subsection (a) of this section
    shall be contiguous and in reasonably compact tracts, except as
    separated by bodies of water or by lands which are unavailable for
    selection, and shall be in whole sections and, wherever feasible,
    in units of not less than 1,280 acres: Provided, That the Secretary
    in his discretion and upon the request of the concerned Village
    Corporation, may waive the whole section requirement where - 
        (A)(i) a portion of available public lands of a section is
      separated from other available public lands in the same section
      by lands unavailable for selection or by a meanderable body of
      water;
        (ii) such waiver will not result in small isolated parcels of
      available public land remaining after conveyance of selected
      lands to Native Corporations; and
        (iii) such waiver would result in a better land ownership
      pattern or improved land or resource management opportunity; or
        (B) the remaining available public lands in the section have
      been selected and will be conveyed to another Native Corporation
      under this chapter.
    (b) Allocation; reallocation considerations
      The difference between twenty-two million acres and the total
    acreage selected by Village Corporations pursuant to subsection (a)
    of this section shall be allocated by the Secretary among the
    eleven Regional Corporations (which excludes the Regional
    Corporation for southeastern Alaska) on the basis of the number of
    Natives enrolled in each region. Each Regional Corporation shall,
    not later than October 1, 2005, reallocate such acreage among the
    Native villages within the region on an equitable basis after
    considering historic use, subsistence needs, and population. The
    action of the Secretary or the Corporation shall not be subject to
    judicial review. Each Village Corporation shall select the acreage
    allocated to it from the lands withdrawn by section 1610(a) of this
    title.
    (c) Computation
      The difference between thirty-eight million acres and the 22
    million acres selected by Village Corporations pursuant to
    subsections (a) and (b) of this section shall be allocated among
    the eleven Regional Corporations (which excludes the Regional
    Corporation for southeastern Alaska) as follows:
      (1) The number of acres each Regional Corporation is entitled to
    receive shall be computed (A) by determining on the basis of
    available data the percentages of all land in Alaska (excluding the
    southeastern region) that is within each of the eleven regions, (B)
    by applying that percentage to thirty-eight million acres reduced
    by the acreage in the southeastern region that is to be selected
    pursuant to section 1615 of this title, and (C) by deducting from
    the figure so computed the number of acres within that region
    selected pursuant to subsections (a) and (b) of this section.
      (2) In the event that the total number of acres selected within a
    region pursuant to subsections (a) and (b) of the section exceeds
    the percentage of the reduced thirty-eight million acres allotted
    to that region pursuant to subsection (c)(1)(B) of this section,
    that region shall not be entitled to receive any lands under this
    subsection (c). For each region so affected the difference between
    the acreage calculated pursuant to subsection (c)(1)(B) of this
    section and the acreage selected pursuant to subsections (a) and
    (b) of this section shall be deducted from the acreage calculated
    under subsection (c)(1)(C) of this section for the remaining
    regions which will select lands under this subsection (c). The
    reductions shall be apportioned among the remaining regions so that
    each region's share of the total reduction bears the same
    proportion to the total reduction as the total land area in that
    region (as calculated pursuant to subsection (c)(1)(A) of this
    section (!1) bears to the total land area in all of the regions
    whose allotments are to be reduced pursuant to this paragraph.

      (3) Before the end of the fourth year after December 18, 1971,
    each Regional Corporation shall select the acreage allocated to it
    from the lands within the region withdrawn pursuant to section
    1610(a)(1) of this title, and from the lands within the region
    withdrawn pursuant to section 1610(a)(3) of this title to the
    extent lands withdrawn pursuant to section 1610(a)(1) of this title
    are not sufficient to satisfy its allocation: Provided, That within
    the lands withdrawn by section 1610(a)(1) of this title the
    Regional Corporation may select only even numbered townships in
    even numbered ranges, and only odd numbered townships in odd
    numbered ranges.
      (4) Where the public lands consist only of the mineral estate, or
    portion thereof, which is reserved by the United States upon patent
    of the balance of the estate under one of the public land laws,
    other than this chapter, the Regional Corporations may select as
    follows:
        (A) Where such public lands were not withdrawn pursuant to
      section 1610(a)(3) of this title, but are surrounded by or
      contiguous to lands withdrawn pursuant to section 1610(a)(3) of
      this title, and filed upon for selection by a Regional
      Corporation, the Corporation may, upon request, have such public
      land included in its selection and considered by the Secretary to
      be withdrawn and properly selected.
        (B) Where such public lands were withdrawn pursuant to section
      1610(a)(1) of this title and are required to be selected by
      paragraph (3) of this subsection, the Regional Corporation may,
      at its option, exclude such public lands from its selection.
        (C) Where such public lands are surrounded by or contiguous to
      subsurface lands obtained by a Regional Corporation under
      subsections (!2) (a) or (b) of this section, the Corporation may,
      upon request, have such public land conveyed to it.

        (D)(i) A Regional Corporation which elects to obtain public
      lands under subparagraph (C) shall be limited to a total of not
      more than 12,000 acres. Selection by a Regional Corporation of in
      lieu surface acres under subparagraph (E) pursuant to an election
      under subparagraph (C) shall not be made from any lands within a
      conservation system unit (as that term is defined by section
      3102(4) of title 16).
        (ii) An election to obtain the public lands described in
      subparagraph (A), (B), or (C) shall include all available parcels
      within the township in which the public lands are located.
        (iii) For purposes of this subparagraph and subparagraph (C),
      the term "Regional Corporation" shall refer only to Doyon,
      Limited.
        (E) Where the Regional Corporation elects to obtain such public
      lands under subparagraph (A), (B), or (C) of this paragraph, it
      may select, within ninety days of receipt of notice from the
      Secretary, the surface estate in an equal acreage from other
      public lands withdrawn by the Secretary for that purpose. Such
      selections shall be in units no smaller than a whole section,
      except where the remaining entitlement is less than six hundred
      and forty acres, or where an entire section is not available.
      Where possible, selections shall be of lands from which the
      subsurface estate was selected by that Regional Corporation
      pursuant to subsection (a)(1) of this section or section
      1613(h)(9) of this title, and, where possible, all selections
      made under this section shall be contiguous to lands already
      selected by the Regional Corporation or a Village Corporation.
      The Secretary is authorized, as necessary, to withdraw up to two
      times the acreage entitlement of the in lieu surface estate from
      vacant, unappropriated, and unreserved public lands from which
      the Regional Corporation may select such in lieu surface estate
      except that the Secretary may withdraw public lands which had
      been previously withdrawn pursuant to subsection 1616(d)(1) of
      this title.
        (F) No mineral estate or in lieu surface estate shall be
      available for selection within the National Petroleum Reserve -
      Alaska or within Wildlife Refuges as the boundaries of those
      refuges exist on December 18, 1971.

      (5) Subparagraphs (A), (B), and (C) of paragraph (4) shall apply,
    notwithstanding the failure of the Regional Corporation to have
    appealed the rejection of a selection during the conveyance of the
    relevant surface estate.
    (d) Village Corporation for Native village at Dutch Harbor; lands
      and improvements and patent for Village Corporation
      To insure that the Village Corporation for the Native village at
    Dutch Harbor, if found eligible for land grants under this chapter,
    has a full opportunity to select lands within and near the village,
    no federally owned lands, whether improved or not, shall be
    disposed of pursuant to the Federal surplus property disposal laws
    for a period of two years from December 18, 1971. The Village
    Corporation may select such lands and improvements and receive
    patent to them pursuant to section 1613(a) of this title.
    (e) Disputes over land selection rights and boundaries; arbitration
      Any dispute over the land selection rights and the boundaries of
    Village Corporations shall be resolved by a board of arbitrators
    consisting of one person selected by each of the Village
    Corporations involved, and an additional one or two persons,
    whichever is needed to make an odd number of arbitrators, such
    additional person or persons to be selected by the arbitrators
    selected by the Village Corporations.
    (f) Combining entitlements and reallocations
      (1) The entitlements received by any Village Corporation under
    subsection (a) of this section and the reallocations made to the
    Village Corporation under subsection (b) of this section may be
    combined, at the discretion of the Secretary, without - 
        (A) increasing or decreasing the combined entitlement; or
        (B) increasing the limitation on selections of Wildlife Refuge
      System land, National Forest System land, or State-selected land
      under subsection (a) of this section.

      (2) The combined entitlement under paragraph (1) may be fulfilled
    from selections under subsection (a) or (b) of this section without
    regard to the entitlement specified in the selection application.
      (3) All selections under a combined entitlement under paragraph
    (1) shall be adjudicated and conveyed in compliance with this
    chapter.
      (4) Except in a case in which a survey has been contracted for
    December 10, 2004, the combination of entitlements under paragraph
    (1) shall not require separate patents or surveys, to distinguish
    between conveyances made to a Village Corporation under subsections
    (a) and (b) of this section.

-SOURCE-
    (Pub. L. 92-203, Sec. 12, Dec. 18, 1971, 85 Stat. 701; Pub. L. 96-
    487, title XIV, Secs. 1402, 1403, Dec. 2, 1980, 94 Stat. 2492;
    Pub. L. 105-333, Sec. 3, Oct. 31, 1998, 112 Stat. 3130; Pub. L. 108-
    452, title II, Sec. 202, Dec. 10, 2004, 118 Stat. 3582.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (c)(4), are
    classified generally to this title.
      For Federal surplus property disposal laws, referred to in
    subsec. (d), see, generally, subtitle I of Title 40, Public
    Buildings, Property, and Works.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-452, Sec. 202(1), substituted
    "Regional Corporation shall, not later than October 1, 2005," for
    "Regional Corporation shall" in second sentence.
      Subsec. (f). Pub. L. 108-452, Sec. 202(2), added subsec. (f).
      1998 - Subsec. (c)(4)(C), (D). Pub. L. 105-333, Sec. 3(a)(1),
    added subpars. (C) and (D). Former subpars. (C) and (D)
    redesignated (E) and (F), respectively.
      Subsec. (c)(4)(E). Pub. L. 105-333, Sec. 3(a), redesignated
    subpar. (C) as (E) and substituted "(A), (B), or (C)" for "(A) or
    (B)".
      Subsec. (c)(4)(F). Pub. L. 105-333, Sec. 3(a)(1), redesignated
    subpar. (D) as (F).
      Subsec. (c)(5). Pub. L. 105-333, Sec. 3(b), added par. (5).
      1980 - Subsec. (a)(2). Pub. L. 96-487, Sec. 1402, inserted
    proviso specifying conditions under which Secretary in his
    discretion and upon request of concerned Village Corporation may
    waive the whole section requirement.
      Subsec. (c)(4). Pub. L. 96-487, Sec. 1403, added par. (4).

                               SEPARABILITY                           
      Pub. L. 95-178, Sec. 3(b), Nov. 15, 1977, 91 Stat. 1370, provided
    that: "If any provision of this Act [enacting section 1628 of this
    title, amending sections 1613 and 1615 of this title, and amending
    provisions set out as a note under this section] or the
    applicability thereof is held invalid, the validity of the
    remainder of this Act, of section 12 of the Act of January 2, 1976
    (Public Law 94-204), as amended [set out below], of the document
    referred to in section 12(b) thereof, and the duties and
    obligations of the Secretary of the Interior, the State of Alaska,
    and Cook Inlet Region, Incorporated, with respect thereto, shall
    not be affected thereby."

                   LAND AVAILABLE AFTER SELECTION PERIOD               
      Pub. L. 108-452, title II, Sec. 201, Dec. 10, 2004, 118 Stat.
    3582, provided that:
      "(a) In General. - To make certain Federal land available for
    conveyance to a Native Corporation that has sufficient remaining
    entitlement, the Secretary [of the Interior] may waive the filing
    deadlines under sections 12 and 16 of the Alaska Native Claims
    Settlement Act (43 U.S.C. 1611, 1615) if - 
        "(1) the Federal land is - 
          "(A) located in a township in which all or any part of a
        Native Village is located; or
          "(B) surrounded by - 
            "(i) land that is owned by the Native Corporation; or
            "(ii) selected land that will be conveyed to the Native
          Corporation;
        "(2) the Federal land - 
          "(A) became available after the end of the original selection
        period;
          "(B)(i) was not selected by the Native Corporation because
        the Federal land was subject to a competing claim or entry; and
          "(ii) the competing claim or entry has lapsed; or
          "(C) was previously an unavailable Federal enclave within a
        Native selection withdrawal area;
        "(3)(A) the Secretary provides the Native Corporation with a
      specific time period in which to decline the Federal land; and
        "(B) the Native Corporation does not submit to the Secretary
      written notice declining the land within the period established
      under subparagraph (A); and
        "(4) the State [of Alaska] has voluntarily relinquished any
      valid State selection or top-filing for the Federal land.
      "(b) Congressional Action. - Subsection (a) shall not apply to a
    parcel of Federal land if Congress has specifically made other
    provisions for disposition of the parcel of Federal land."

                    SETTLEMENT OF REMAINING ENTITLEMENT                
      Pub. L. 108-452, title II, Sec. 209, Dec. 10, 2004, 118 Stat.
    3586, provided that:
      "(a) In General. - The Secretary [of the Interior] may enter into
    a binding written agreement with a Native Corporation relating to -
    
        "(1) the land remaining to be conveyed to the Native
      Corporation under the Alaska Native Claims Settlement Act (43
      U.S.C. 1601 et seq.) from land selected as of September 1, 2004,
      or land made available under section 201 [set out above], 206
      [amending section 1613 of this title], or 208 [amending section
      1621 of this title] of this Act;
        "(2) the priority in which the land is to be conveyed;
        "(3) the relinquishment of selections which are not to be
      conveyed;
        "(4) the selection entitlement to which selections are to be
      charged, regardless of the entitlement under which originally
      selected;
        "(5) the survey of the exterior boundaries of the land to be
      conveyed;
        "(6) the additional survey to be performed under section 14(c)
      of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(c));
      and
        "(7) the resolution of conflicts with Native allotment [an
      allotment claimed under the Act of May 17, 1906 (34 Stat. 197,
      chapter 2469)] applications.
      "(b) Requirements. - An agreement under subsection (a) - 
        "(1) shall be authorized by a resolution of the Native
      Corporation entering into the agreement; and
        "(2) shall include a statement that the entitlement of the
      Native Corporation shall be considered complete on execution of
      the agreement.
      "(c) Correction of Conveyance Documents. - In an agreement under
    subsection (a), the Secretary and the Native Corporation may agree
    to make technical corrections to the legal description in the
    conveyance documents for easements previously reserved so that the
    easements provide the access intended by the original reservation.
      "(d) Consultation. - Before entering into an agreement under
    subsection (a), the Secretary shall ensure that the concerns or
    issues identified by the State [of Alaska] and all Federal agencies
    potentially affected by the agreement are given consideration.
      "(e) Errors. - Any Native Corporation entering into an agreement
    under subsection (a) shall receive any gain or bear any loss
    resulting from errors in prior surveys, protraction diagrams, or
    computation of the ownership of third parties on any land conveyed.
      "(f) Effect. - 
        "(1) In general. - An agreement under subsection (a) shall not -
       
          "(A) affect the obligations of Native Corporations under
        prior agreements; or
          "(B) result in a Native Corporation relinquishing valid
        selections of land in order to qualify for the withdrawal of
        other tracts of land.
        "(2) Effect on subsurface rights. - The terms of an agreement
      entered into under subsection (a) shall be binding on a Regional
      Corporation with respect to the location and quantity of
      subsurface rights of the Regional Corporation under section 14(f)
      of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(f)).
        "(3) Effect on entitlement. - Nothing in this section increases
      the entitlement provided to any Native Corporation under - 
          "(A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601
        et seq.); or
          "(B) the Alaska National Interest Lands Conservation Act (16
        U.S.C. 3101 et seq.).
      "(g) Boundaries of a Native Village. - An agreement entered into
    under subsection (a) may not define the boundaries of a Native
    Village.
      "(h) Availability of Agreements. - An agreement entered into
    under subsection (a) shall be available for public inspection in
    the appropriate offices of the Department of the Interior."

               FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS           
      Pub. L. 108-452, title IV, Secs. 401-403, Dec. 10, 2004, 118
    Stat. 3591, provided that:

      "SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS.
      "(a) In General. - Not later than 18 months after the date of
    enactment of this Act [Dec. 10, 2004], the Secretary [of the
    Interior], in coordination and consultation with Native
    Corporations, other Federal land management agencies, and the State
    [of Alaska], shall update and revise the 12 preliminary Regional
    Conveyance and Survey Plans.
      "(b) Inclusions. - The updated and revised plans under subsection
    (a) shall identify any conflicts to be resolved and recommend any
    actions that should be taken to facilitate the finalization of land
    conveyances in a region by 2009.

      "SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE PLANS.
      "Not later than 30 months after the date of enactment of this Act
    [Dec. 10, 2004], the Secretary, in coordination with affected
    Federal land management agencies, the State, and Village
    Corporations, shall complete a final closure plan with respect to
    the entitlements for each Village Corporation under the Alaska
    Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

      "SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS.
      "(a) In General. - Any Native Corporation that has not received
    its full entitlement or entered into a voluntary, negotiated
    settlement of final entitlement shall submit the final, irrevocable
    priorities of the Native Corporation - 
        "(1) in the case of a Village, Group, or Urban Corporation
      entitlement, not later than 36 months after the date of enactment
      of this Act [Dec. 10, 2004]; and
        "(2) in the case of a Regional Corporation entitlement, not
      later than 42 months after the date of enactment of this Act.
      "(b) Acreage Limitations. - The priorities submitted under
    subsection (a) shall not exceed land that is the greater of - 
        "(1) not more than 125 percent of the remaining entitlement; or
        "(2) not more than 640 acres in excess of the remaining
      entitlement.
      "(c) Corrections. - 
        "(1) In general. - Except as provided in paragraph (2), the
      priorities submitted under subsection (a) may not be revoked,
      rescinded, or modified by the Native Corporation.
        "(2) Technical corrections. - Not later than 90 days after the
      date of receipt of a notification by the Secretary that there
      appears to be a technical error in the priorities, the Native
      Corporation may correct the technical error in accordance with
      any recommendations of, and in a manner prescribed by or
      acceptable to, the Secretary.
      "(d) Relinquishment. - 
        "(1) In general. - As of the date on which the Native
      Corporation submits its final priorities under subsection (a) - 
          "(A) any unprioritized, remaining selections of the Native
        Corporation - 
            "(i) are relinquished, but any part of the selections may
          be reinstated for the purpose of correcting a technical
          error; and
            "(ii) have no further segregative effect; and
          "(B) all withdrawals under sections 11 and 16 of the Alaska
        Native Claims Settlement Act (43 U.S.C. 1610, 1615) under the
        relinquished selections are terminated.
        "(2) Records. - All relinquishments under paragraph (1) shall
      be included in Bureau of Land Management land records.
      "(e) Failure To Submit Priorities. - If a Native Corporation
    fails to submit priorities by the deadline specified in subsection
    (a) - 
        "(1) with respect to a Native Corporation that has priorities
      on file with the Secretary, the Secretary - 
          "(A) shall convey to the Native Corporation the remaining
        entitlement of the Native Corporation, as determined based on
        the most recent priorities of the Native Corporation on file
        with the Secretary and in accordance with the Alaska Native
        Claims Settlement Act (43 U.S.C. 1601 et seq.); and
          "(B) may reject any selections not needed to fulfill the
        entitlement; or
        "(2) with respect to a Native Corporation that does not have
      priorities on file with the Secretary, the Secretary shall
      satisfy the entitlement by conveying land selected by the
      Secretary, in consultation with the appropriate Native
      Corporation, the Federal land managing agency with administrative
      jurisdiction over the land to be conveyed, and the State, that,
      to the maximum extent practicable, is - 
          "(A) compact;
          "(B) contiguous to land previously conveyed to the Native
        Corporation; and
          "(C) consistent with the applicable preliminary Regional
        Conveyance and Survey Plan referred to in section 401.
      "(f) Plan of Conveyance. - 
        "(1) In general. - The Secretary shall - 
          "(A) identify any Native Corporation that does not have
        sufficient priorities on file;
          "(B) develop priorities for the Native Corporation in
        accordance with subsection (e); and
          "(C) provide to the Native Corporation a plan of conveyance
        based on the priorities developed under subparagraph (B).
        "(2) Finalized selections. - Not later than 180 days after the
      date on which the Secretary provides a plan of conveyance to the
      affected Village, Group, or Urban Corporation and the Regional
      Corporation, the Regional Corporation shall finalize any Regional
      selections that are in conflict with land selected by the
      Village, Group, or Urban Corporation that has not been
      prioritized by the deadline under subsection (a)(1).
      "(g) Dissolved or Lapsed Corporations. - 
        "(1)(A) If a Native Corporation is lapsed or dissolved at the
      time final priorities are required to be filed under this section
      and does not have priorities on file with the Secretary, the
      Secretary shall establish a deadline for the filing of priorities
      that shall be one year from the provisions of notice of the
      deadline.
        "(B) To fulfill the notice requirement under paragraph (1), the
      Secretary shall - 
          "(i) publish notice of the deadline to a lapsed or dissolved
        Native Corporation in a newspaper of general circulation
        nearest the locality where the affected land is located; and
          "(ii) seek to notify in writing the last known shareholders
        of the lapsed or dissolved corporation.
        "(C) If a Native Corporation does not file priorities with the
      Secretary before the deadline set pursuant to subparagraph (A),
      the Secretary shall notify Congress.
        "(2) If a Native Corporation with final priorities on file with
      the Bureau of Land Management is lapsed or dissolved, the United
      States - 
          "(A) shall continue to administer the prioritized selected
        land under applicable law; but
          "(B) may reject any selections not needed to fulfill the
        lapsed or dissolved Native Corporation's entitlement."

    AVAILABILITY OF PROPERTY ACCOUNT FOR PURPOSES INVOLVING PUBLIC SALE
                      OF PROPERTY BY FEDERAL AGENCIES
      Pub. L. 100-202, Sec. 101(j) [Sec. 127], Dec. 22, 1987, 101 Stat.
    1329-311, 1329-318, provided that: "In addition to the purposes for
    which it is now available, the property account established by
    section 12(b) of the Act of January 2, 1976, as amended (43 U.S.C.
    1611 note) [section 12(b) of Pub. L. 94-204 set out below] shall be
    available hereafter for purposes involving any public sale of
    property by any agency of the United States, including the
    Department of Defense, or any element thereof."

     AUTHORITY TO CONVEY LANDS UNDER APPLICATION FOR SELECTION TO COOK
       INLET REGION, INC., FOR RECONVEYANCE TO VILLAGE CORPORATIONS;
    TENDER OF CONVEYANCE OF DESCRIBED LAND TO COOK INLET REGION, INC.,
              ACCEPTANCE BY REGION, AND EFFECT ON ENTITLEMENT
      Pub. L. 94-456, Secs. 4, 5, Oct. 4, 1976, 90 Stat. 1935, provided
    that:
      "Sec. 4. (a) The Secretary is authorized to convey lands under
    application for selection by Village Corporations within Cook Inlet
    Region to the Cook Inlet Region, Incorporated, for reconveyance by
    the Region to such Village Corporations. Such lands shall be
    conveyed as partial satisfaction of the statutory entitlement of
    such Village Corporations from lands withdrawn pursuant to section
    11(a)(3) of the Alaska Native Claims Settlement Act [section
    1610(a)(3) of this title] (hereinafter, The Settlement Act') [this
    chapter], and with the consent of the Region affected, as provided
    in section 12 of the Act of January 2, 1976 (89 Stat. 1145, 1150)
    [set out as a note below], from lands outside the boundaries of
    Cook Inlet Region. This authority shall not be employed to increase
    or decrease the statutory entitlement of any Village Corporation or
    Cook Inlet Region, Incorporated. For the purposes of counting acres
    received in computing statutory entitlement, the Secretary shall
    count the number of acres or acre selections surrendered by Village
    Corporations in any exchange for any other lands or selections.
      "(b) The Secretary shall not be required to survey any land
    conveyed pursuant to subsection 4(a) until the Village Corporation
    entitlement for all eligible Village Corporations has been
    conveyed. With respect to the conveyances made by the Secretary in
    the manner authorized by subsection 4(a), the Secretary shall
    survey the exterior boundaries of each entire area conveyed to Cook
    Inlet Region, Incorporated, pursuant to subsection 4(a) and
    monument to boundary lines at angle points and intervals of
    approximately two miles on straight lines. The Secretary shall not
    be required to provide ground survey or monumentation along
    meanderable water boundaries. Each township corner located within
    the exterior boundary of land conveyed shall be located and
    monumented. Any areas within such tracts that are to be reconveyed
    pursuant to section 14(C)(1) and (2) of the Settlement Act [section
    1613(c)(1) and (2) of this title] shall also be surveyed pursuant
    to 43 C.F.R. 2650.
      "(c) Conveyances made under the authority of subsection (a) of
    this section shall be considered conveyances under the Settlement
    Act [this chapter] and subject to the provisions of that Act,
    except as provided by this Act [amending section 1615(a) and (d) of
    this title and amending provisions set out as a note below].
      "Sec. 5. (a) The Secretary shall, within sixty days after the
    effective date of this Act [Oct. 4, 1976], tender conveyance of the
    land described in subsection (b), subject to valid existing rights,
    to Cook Inlet Region, Incorporated. If the conveyance is accepted
    by the Region, such lands shall be considered 1,687.2 acre-
    equivalents within the meaning of paragraph I(C)(2)(e)(iii) of the
    Terms and Conditions as clarified August 31, 1976, and the
    Secretary's obligations under paragraph I(C) of those Terms and
    Conditions will be reduced accordingly. If, however, said section
    12 of the Act of January 2, 1976 [set out as a note below], does
    not take effect then the entitlement of Cook Inlet Region,
    Incorporated, under section 12(c) [section 1611(c) of this title]
    shall be reduced by 8,346 acres.
      "(b) The land referred to in subsection (a) is described as a
    parcel of land located in section 7 of township 13 north, range 2
    west of the Seward Meridian, Third Judicial District, State of
    Alaska; said parcel being all of Government lots 5 and 7 and that
    portion of the SE 1/4  NW 1/4  lying north of the north right-of-
    way line of the Glenn Highway, State of Alaska, Department of
    Highways Project No. F-042-1(2), and more particularly described as
    follows:
        "Commencing at the north quarter corner of said section 7;
        "thence south 00 degrees 12 minutes east, a distance of 1,320.0
      feet, more or less, to the northeast corner of said southeast
      quarter northwest quarter;
        "thence west along the north line of southeast quarter
      northwest quarter a distance of 94.0 feet, more or less, to the
      north right-of-way line of the Glenn Highway and the true point
      of beginning;
        "thence south 53 degrees 16 minutes 15 seconds west along said
      north right-of-way line, a distance of 1,415.0 feet, more or
      less, to a point of curve being at right angles to centerline
      Station 216 plus 51.35;
        "thence continuing along said north right-of-way line along a
      curve to the right with a central angle of 12 degrees 51 minutes
      34 seconds, having a radius of 5,595.58 feet for an arc distance
      of 105.0 feet, more or less, to a point of intersection of said
      north right-of-way line with the west line of said southeast
      quarter northwest quarter;
        "thence north 00 degrees 12 minutes west along said west line,
      being common with the east line of Government lot 5, a distance
      of 910.0 feet, more or less, to the northwest corner of said
      southeast quarter northwest quarter;
        "thence east along the north line of said southeast quarter
      northwest quarter, a distance of 1,225.0 feet, more or less, to
      the point of beginning; containing 56.24 acres, more or less."

       SETTLEMENT OF CLAIMS AND CONSOLIDATION OF OWNERSHIP AMONG THE
    UNITED STATES, THE COOK INLET REGION, INC. AND THE STATE OF ALASKA
      Pub. L. 94-204, Sec. 12, Jan. 2, 1976, 89 Stat. 1150, as amended
    by Pub. L. 94-456, Sec. 3, Oct. 4, 1976, 90 Stat. 1935; Pub. L. 95-
    178, Sec. 3(a), Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-55, Sec.
    2, Aug. 14, 1979, 93 Stat. 386; Pub. L. 96-311, July 17, 1980, 94
    Stat. 947; Pub. L. 96-487, title XIV, Sec. 1435, Dec. 2, 1980, 94
    Stat. 2545; Pub. L. 97-468, title VI, Sec. 606(d), Jan. 14, 1983,
    96 Stat. 2566; Pub. L. 99-500, Sec. 101(h) [title III, Sec. 319],
    Oct. 18, 1986, 100 Stat. 1783-242, 1783-286, and Pub. L. 99-591,
    Sec. 101(h) [title III, Sec. 319], Oct. 30, 1986, 100 Stat. 3341-
    242, 3341-287; Pub. L. 101-511, title VIII, Sec. 8133(a), Nov. 5,
    1990, 104 Stat. 1909; Pub. L. 102-154, title III, Sec. 320, Nov.
    13, 1991, 105 Stat. 1036; Pub. L. 103-204, Sec. 32(b), Dec. 17,
    1993, 107 Stat. 2413, provided that:
      "(a) The purpose of this section is to provide for the settlement
    of certain claims, and in so doing to consolidate ownership among
    the United States, the Cook Inlet Region Incorporated (hereinafter
    in this section referred to as the 'Region'), and the State of
    Alaska, within the Cook Inlet area of Alaska in order to facilitate
    land management and to create land ownership patterns which
    encourage settlement and development in appropriate areas. The
    provisions of this section shall take effect at such time as all of
    the following have taken place:
        "(1) the State of Alaska has conveyed or irrevocably obligated
      itself to convey lands to the United States for exchange, hereby
      authorized, with the Region in accordance with the document
      referred to in subsection (b);
        "(2) the Region and all plaintiffs/appellants have withdrawn
      from Cook Inlet against Kleppe, numbered 75-2232, ninth circuit,
      and such proceedings have been dismissed with prejudice; and
        "(3) all Native village selections under section 12 of the
      Settlement Act [section 1611 of this title] of the lands within
      Lake Clark, Lake Kontrashibuna, and Mulchatna River deficiency
      withdrawals have been irrevocably withdrawn and waived.
    The conveyances described in paragraph (1) of this subsection shall
    not be subject to the provisions of section 6(i) of the Alaska
    Statehood Act (72 Stat. 339) [set out as note preceding section 21
    of Title 48, Territories and Insular Possessions].
      "(b) The Secretary shall make the following conveyances to the
    Region, in accordance with the specific terms, conditions,
    procedures, covenants, reservations, and other restrictions set
    forth in the document entitled 'Terms and Conditions for Land
    Consolidation and Management in Cook Inlet Area', which was
    submitted to the House Committee on Interior and Insular Affairs on
    December 10, 1975, and clarified on August 31, 1976, the terms of
    which, as clarified, are hereby incorporated herein and ratified as
    to the duties and obligations of the United States and the Region,
    as a matter of Federal law.
        "(1) title to approximately 10,240 acres of land within the
      Kenai National Moose Range; except that there shall be no
      conveyance of the bed of Lake Tustamena, or the mineral estate in
      the waterfront zone described in the document referred to in this
      subsection;
        "(2) title to oil and gas and coal in not to exceed 9.5
      townships within the Kenai National Moose Range;
        "(3) title to Federal interests in township 10 south, range 9
      west, F.M., and township 20 north, range 9 east, S.M.;
        "(4) title to township 1 south, range 21 west, S.M.: sections 3
      to 10, 15 to 22, 29, and 30; and rights to metalliferous minerals
      in the following sections in township 1 north, range 21 west,
      S.M.: sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33,
      34, 35, 36;
        "(5) title to twenty-nine and sixty-six hundredths townships of
      land outside the boundaries of Cook Inlet Region: unless pursuant
      to the document referred to in this subsection a greater or
      lesser entitlement shall exist, in which case the Secretary shall
      convey such entitlement;
        "(6) title to lands selected by the Region from a pool which
      shall be established by the Secretary and the Administrator of
      General Services: Provided, That conveyances pursuant to this
      paragraph shall not be subject to the provisions of section 22(l)
      of the Settlement Act [section 1621(l) of this title]: Provided
      further, That conveyances pursuant to this paragraph shall be
      made in exchange for lands or rights to select lands outside the
      boundaries of Cook Inlet Region as described in paragraph (5) of
      this subsection and on the basis of values determined by
      agreement among the parties, notwithstanding any other provision
      of law. Effective upon their conveyance, the lands referred to in
      paragraph (1) of this subsection are excluded from the Kenai
      National Moose Range, but they shall automatically become part of
      the range and subject to the laws and regulations applicable
      thereto upon title thereafter vesting in the United States. The
      Secretary is authorized to acquire lands formerly within the
      range with the concurrence of the Region so long as the Region
      owns such lands. Section 22(e) of the Settlement Act [section
      1621(e) of this title], concerning refuge replacement, shall
      apply with respect to lands conveyed pursuant to paragraphs (1)
      and (2) of this subsection, except that the Secretary may
      designate for replacement land twice the amount of any land
      conveyed without restriction to a native corporation.
        "(7)(i) Until the obligations of the Secretary and the
      Administrator of General Services under section 12(b)(5) and (6)
      of this Act [subsec. (b)(5), (6) of this note] are otherwise
      fulfilled: (a) Cook Inlet Region, Incorporated, may, by using the
      account established in subsection 12(b)(7)(iv) [subsec.
      (b)(7)(iv) of this note], bid, as any other bidder for property
      as defined in subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of
      this note],, [sic] wherever located, in accordance with the
      applicable laws and regulations of the Federal agency or
      instrumentality offering such property for sale. No preference
      right of any type will be offered to Cook Inlet Region
      Incorporated, for bidding on property under this section 12(b)(7)
      [subsec. (b)(7) of this note]. There shall be no advertising
      other than that ordinarily required by such sale. [sic] (b) the
      Administrator of General Services may, at the discretion of the
      Administrator, tender to the Secretary any surplus property
      otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) [now
      40 U.S.C. 545(b)] to be offered Cook Inlet Region, Incorporated
      for a period of 90 days so as to aid in the fulfillment of the
      Secretary's program purposes under the Alaska Native Claims
      Settlement Act [this chapter]: Provided, That nothing in these
      subsections 12(b)(7)(i)(b) or (ii) [subsec. (b)(7)(i)(b) or (ii)
      of this note] shall be construed to establish, enlarge or
      diminish authority of the Administrator or the Secretary within
      the State of Alaska. Prior to any disposition under subsection
      12(b)(7)(i)(b) [subsec. (b)(7)(i)(b) of this note], the
      Administrator shall notify the governing body of the locality
      where such property is located and any appropriate state agency,
      and no such disposition shall be made if such governing body or
      state agency, within ninety days of such notification formally
      advises the Administrator that it objects to the proposed
      disposition.
        "(ii) Subject to the exceptions stated in section 12(b)(9)
      [subsec. (b)(9) of this note], and notwithstanding the foregoing
      subsection 12(b)(7)(i) [subsec. (b)(7)(i) of this note] and any
      provision of any other law or any implementing regulation
      inconsistent with this subsection, until the obligations of the
      Secretary and the Administrator of General Services under section
      12(b)(5) and (6) [subsec. (b)(5) and (6) of this note] are
      otherwise fulfilled:
          "(A) concurrently with the commencement of screening of any
        excess real property, wherever located, for utilization by
        Federal agencies, the Administrator of General Services shall
        notify the Region that such property may be available for
        conveyance to the Region upon negotiated sale. Within fifteen
        days of the date of receipt of such notice, the Region may
        advise the Administrator that there is a tentative need for the
        property to fulfill the obligations established under section
        12(b)(5) and (6) [subsec. (b)(5) and (6) of this note]. If the
        Administrator determines the property should be disposed of by
        transfer to the Region, the Administrator or other appropriate
        Federal official shall promptly transfer such property;
          "(B) no disposition or conveyance of property under this
        subsection to the Region shall be made until the Administrator,
        after notice to affected State and local governments, has
        provided to them such opportunity to obtain the property as is
        recognized in title 40, United States Code and the regulations
        thereunder for the disposition or conveyance of surplus
        property; and
          "(C) as used in this subsection, 'real property' means any
        land or interests in land owned or held by the United States or
        any Federal agency, any improvements on such land or rights to
        their use or exploitation, and any personal property related to
        the land.
        "(iii) If the Region accepts any conveyance under section
      12(b)(7)(i) or (ii) [subsec. (b)(7)(i) or (ii) of this note], it
      shall be in exchange for acres or acre-equivalents as provided in
      subparagraph I(C)(2)(e) of the document referred to in this
      section, except that, after the obligation of the Secretary and
      the Administrator under subparagraph I(C)(2)(g) of that document
      has been fulfilled, the acre-equivalents under subparagraph
      I(C)(2)(e)(iii)(A) shall be one-half the valued increment therein
      stated. The entitlement of the Region under section 12(b) of this
      Act [subsec. (b) of this note] shall be reduced by the number of
      acres or acre-equivalents attributed to the Region under this
      subsection. The Secretary and the Administrator are directed to
      execute an agreement with the Region which shall conform
      substantially to the 'Memorandum of Understanding Regarding the
      Implementation of Section 12(b)(7)', dated September 10, 1982,
      and submitted to the Senate Committee on Commerce, Science, and
      Transportation. The Secretary, the Administrator and the Region
      may thereafter otherwise agree to procedures to implement
      responsibilities under this section 12(b)(7) [subsec. (b)(7) of
      this note], including establishment of accounting procedures and
      the delegation or reassignment of duties under this statute.
        "(iv) The Secretary of the Treasury shall establish a Cook
      Inlet Region, Incorporated property account, which shall be
      available for the purpose of bidding on property, as defined in
      subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of this note], or
      paying for the conveyance of property pursuant to subsections
      12(b)(7)(i) or (ii) [subsec. (b)(7)(i), (ii) of this note]. The
      balance of the account shall be the sum of (1) the acre-
      equivalent exchange value established by paragraph
      I(C)(2)(e)(iii)(A) of the document referred to in this
      subsection, of the unfulfilled entitlement of Cook Inlet Region,
      Incorporated, [on] December 2, 1980, to acre or acre-equivalents
      under paragraph I(C)(2)(g) of the document referred to in this
      subsection 12(b) [subsec. (b) of this note] and (2) one-half the
      acre or acre-equivalent exchange value under subparagraph
      I(C)(2)(e)(iii)(A) of seven townships fewer than the unfulfilled
      entitlement of the Region on the same date to acres or acre-
      equivalents under paragraph I(C)(1) of the document referred to
      in this section. The balance of the property account shall be
      adjusted in accordance with subsection 12(b)(7)(iii) [subsec.
      (b)(7)(iii) of this note] to reflect transfers or successful bids
      under section 12(b)(5) and (6) of this section [subsec. (b)(5)
      and (6) of this note] or payments of forfeited deposits,
      penalties, or other assessments imposed under a valid bid or
      sales contract on Cook Inlet Region, Incorporated.
        "(v) The amount charged against the Treasury account
      established under subsection 12(b)(7)(iv) [subsec. (b)(7)(iv) of
      this note] for sales or transfers of property made pursuant to
      the Federal Property and Administrative Services Act of 1949, 40
      U.S.C. sec. 471 et seq. [now chapters 1 to 11 of Title 40, Public
      Buildings, Property, and Works, and title III of the Act of June
      30, 1949 (41 U.S.C. 251 et seq.)], or any legislative or
      executive delegation under that Act, shall be treated as proceeds
      of dispositions of surplus property for the purpose of
      determining the basis for calculating direct expenses pursuant to
      40 U.S.C. 485(b) [now 40 U.S.C. 572(a)], as amended.
        "(vi) The basis for computing gain or loss on subsequent sale
      or other disposition of lands or interests in land conveyed to
      Cook Inlet Region, Incorporated, under this subsection, for
      purposes of any Federal, State or local tax imposed on or
      measured by income, shall be the fair value of such land or
      interest in land at the time of receipt. The amount charged
      against Cook Inlet's entitlement under I(C)(2)(e) of the document
      referred to in subsection (b) of this section [subsec. (b) of
      this note] shall be prima facie evidence of such fair value.
        "(vii) Notwithstanding the definition of 'property' found in
      the Federal Property and Administrative Services Act of 1949, as
      amended [see 40 U.S.C. 102(9)], as used in this section 12(b)(7)
      [subsec. (b)(7) of this note], 'property' means any property -
      real, personal (including intangible assets sold or offered by
      the Federal Deposit Insurance Corporation or the Resolution Trust
      Corporation, such as financial instruments, notes, loans, and
      bonds), or mixed - owned, held, or controlled by the United
      States (including that in a corporate capacity or as a receiver
      or conservator, or such other similar fiduciary relationship),
      and offered for sale by any agency or instrumentality of the
      United States, including but not limited to the General Services
      Administration, Department of Defense, Department of the
      Interior, Department of Agriculture, Department of Housing and
      Urban Development, the United States Courts and any Government
      corporation, agency or instrumentality subject to chapter 91 of
      title 31, United States Code; real property means any land or
      interest in land or option to purchase land, any improvements on
      such lands, or rights to their use or exploitation.
        "(viii) Any charge against the property account and any
      transfer of funds from the property account heretofore made for
      the purpose of consummating any prior sale or making a deposit or
      other payment to bind any contract of sale or paying any
      forfeiture of deposit, penalty or assessment is hereby
      authorized, ratified and affirmed.
        "(8) Subject to the exceptions stated in section 12(b)(9)
      [subsec. (b)(9) of this note], and notwithstanding any provisions
      of law or implementing regulation inconsistent with this section:
          "(i) The deadlines in subparagraphs I(C)(2)(a) and (g) of the
        document referred to in this section shall be extended until
        the Secretary's obligations under section 12(b)(5) and (6)
        [subsec. (b)(5) and (6) of this note] are fulfilled: Provided,
        That:
            "(A) the obligation of the Secretary under subparagraph
          I(C)(2)(a) of such document shall terminate on such date,
          after July 15, 1984, that the Secretary has fulfilled his
          obligation under subparagraph I(C)(2)(g) of that document:
          Provided, That the obligation of the Secretary under
          subparagraph I(C)(2)(g) of such document shall be fulfilled
          at such date, after July 15, 1984, that the sum of the acres
          or acre-equivalents identified for and placed in the pool and
          the acres or acre-equivalents used by the Region in
          purchasing property under section 12(b)(7) [subsec. (b)(7) of
          this note] equals or exceeds 138,240 acres or acre-
          equivalents;
            "(B) the authority of the Secretary under subparagraphs
          I(C)(2)(b) and I(C)(2)(g)(ii) of such document to contribute
          to the pool created under subparagraph I(C)(2)(a) of such
          document shall terminate (a) on July 15, 1984, if, by that
          date, the Secretary has fulfilled his obligation under
          subparagraph I(C)(2)(g), or (b) if not, on such date after
          July 15, 1984 as such obligation is fulfilled, or (c) if such
          obligation remains unfulfilled, on July 15, 1987;
            "(C) the concurrence by the State as described in
          subparagraphs I(C)(2)(a)(vi) and I(C)(2)(c) of the document
          referred to in this section shall be deemed not required
          after the Secretary has fulfilled his obligation under
          subparagraph I(C)(2)(g) of that document, but in no event
          after July 15, 1987. In lieu of such concurrence, after 1984
          as to military property, and after the Secretary has
          fulfilled his obligation under subparagraph I(C)(2)(g) of
          that document or July 15, 1987, whichever is earlier, as to
          any other property, except property of the Alaska Railroad
          which is governed by subsection 12(b)(6)(i)(D) of this Act
          [probably means subpar. (i)(D) of this paragraph], the
          Secretary shall not place any lands in the selection pool
          referred to in subparagraphs I(C)(2)(a) and (g) of the
          document referred to in this section without the prior
          written concurrence of the State. Such concurrence shall be
          deemed obtained unless the State advises the Secretary within
          ninety days of receipt of a formal notice from the Secretary
          that he is considering placing property in the selection
          pool, that the State, or a municipality of the State which
          includes all or part of the property in question, requires
          the property for a public purpose of the State or
          municipality; and
            "(D) notwithstanding section 606(a)(2) of the Alaska
          Railroad Transfer Act of 1982 [section 1205(a)(2) of Title
          45, Railroads], the Secretary may include property of the
          Alaska Railroad in the pool of lands to be made available for
          selection to the extent that he is authorized to do so under
          a provision of section 12(b) of this Act [subsec. (b) of this
          note] if the State consents to its inclusion, which consent
          is not subject to any limitation under subsection
          12(b)(8)(i)(C) herein: Provided, That, while the Alaska
          Railroad is the property of the United States, the Secretary
          shall obtain the consent of the Secretary of Transportation
          prior to including such property: And provided further, That,
          if the transfer of the Alaska Railroad to the State does not
          occur pursuant to the terms of the Alaska Railroad Transfer
          Act of 1982 [see Short Title note set out under section 1201
          of Title 45] or any amendments thereto, the State's consent
          shall be deemed obtained unless the State advises the
          Secretary in writing, within ninety days of receipt of a
          formal notice from the Secretary that he is considering
          placing such property in the selection pool, that the State,
          or a municipality of the State which includes all or part of
          the property in question, requires the property for a public
          purpose of the State or the municipality.
          "(ii) In addition to the review required to identify public
        lands under section 3(e) of the Alaska Native Claims Settlement
        Act (43 U.S.C. 1602(e)), the Secretary shall identify for
        inclusion in the pool all public lands (as such term is used
        under section 3(e) of the Alaska Native Claims Settlement Act
        (43 U.S.C. 1602(e)), as described in subparagraph I(C)(2)(a)(v)
        of the document referred to in this section, and shall, in so
        doing, review all Federal installations within the boundaries
        of the Cook Inlet Region whether within or without the areas
        withdrawn pursuant to section 11 of the Alaska Native Claims
        Settlement Act (43 U.S.C. 1610) or by the Secretary acting
        under authority contained in that section: Provided, That no
        such additional review under such subparagraph shall be
        required of military installations or of such other
        installations as may be mutually excluded from review by the
        Region and the Secretary: And provided further, That the
        Secretary shall not review any property of the Alaska Railroad
        unless such property becomes available for selection pursuant
        to subsection 12(b)(8)(i)(D) [subsec. (b)(8)(i)(D) of this
        note].
          "(iii) The concurrence required of the State as to the
        inclusion of any property in the pool under subparagraph
        I(C)(2)(b) of the document referred to in this section shall be
        deemed obtained unless the State advises the Secretary in
        writing, within ninety days of receipt of a formal notice from
        the Secretary that the Secretary is considering placing
        property in the selection pool, that the State, or a
        municipality of the State which includes all or part of the
        property in question requires the property for a public purpose
        of the State or the municipality.
          "(iv) The deadlines in subparagraph I(C)(1)(b) of the
        document referred to in this section shall be extended for an
        additional twenty-four months beyond the dates established in
        the Act of July 17, 1980 (Public Law 96-311; 94 Stat. 947)
        [amending this note].
          "(v) On or before January 15, 1985, the Secretary shall
        report to the Congress with respect to:
            "(A) such studies and inquiries as shall have been
          initiated by the Secretary and the Administrator of General
          Services, or have been prepared by other holding agencies, to
          determine what lands, except for lands held by the Alaska
          Railroad or the State-owned railroad, within the boundaries
          of the Cook Inlet Region or elsewhere can be made available
          to the Region, to the extent of its entitlement;
            "(B) the feasibility and appropriate nature of
          reimbursement of the Region for its unfulfilled entitlement
          as valued in subsection 12(b)(7)(iv) of this Act [subsec.
          (b)(7)(iv) of this note];
            "(C) the extent to which implementation of the mechanisms
          established in section 12(b)(7) [subsec. (b)(7) of this note]
          promise to meet such unfulfilled entitlement;
            "(D) such other remedial legislation or administrative
          action as may be needed; and
            "(E) the need to terminate any mechanism established by law
          through which the entitlement of the Region may be completed.
        "(9) No disposition or conveyance of property located within
      the State to the Region under section 12(b)(6), 12(b)(7) and
      12(b)(8), as amended [subsec. (b)(6) to (8) of this note], shall
      be made if the property is subject to an express waiver of rights
      under the provisions of subparagraph I(C)(2)(f) of the document
      referred to in this section, or if such disposition or conveyance
      violates valid rights, including valid selections or valid
      authorized agreements, of Native Corporations (as such term is
      used in section 102(6) of the Alaska National Interest Lands
      Conservation Act (16 U.S.C. 3102(6)) or the State existing at the
      time of such disposition or conveyance under section 6 of Public
      Law 85-508, as amended [set out as a note preceding section 21 of
      Title 48, Territories and Insular Possessions] (excepting section
      906(e) of the Alaska National Interest Lands Conservation Act
      [section 1635(e) of this title]), sections 12(a), 12(b), 16(b) or
      22(f) of the Alaska Native Claims Settlement Act [subsec. (a) or
      (b) of this section or section 1615(b) or 1621(f) of this title,
      respectively], section 12(h) of the Act of January 2, 1976
      (Public Law 94-204; 89 Stat. 1154) [subsec. (h) of this note], or
      sections 1416, 1418 through 1425 (inclusive), 1427 through 1434
      (inclusive), or 1436 of the Alaska National Interest Lands
      Conservation Act [not classified to the Code]: Provided, however,
      That nothing within this subsection 12(b)(9) [subsec. (b)(9) of
      this note] shall diminish such rights and priorities as the
      Region has under section 12(b) of the Act of January 2, 1976
      (Public Law 94-204; 89 Stat. 1151), as amended by section 4 of
      the Act of October 4, 1976 (Public Law 94-456; 90 Stat. 1935),
      section 3 of the Act of November 15, 1977 (Public Law 95-178; 91
      Stat. 1369), section 2 of the Act of August 14, 1979 (Public Law
      96-55; 93 Stat. 386), the Act of July 17, 1980 (Public Law 96-
      311; 94 Stat. 947), and section 1435 of the Alaska National
      Interest Lands Conservation Act [subsec. (b) of this note].
        "(10) For the purpose of its incorporation into this section,
      paragraph I(C)(1) of the document referred to in this section is
      amended as follows: (1) by striking 'withdrawn' and inserting in
      lieu thereof 'withdrawn or formerly withdrawn'; (2) by striking
      '17(d)(1)' and inserting in lieu thereof '17(d)(1) and (2)'; and
      (3) by striking the last sentence of subparagraph I(C)(1)(a) and
      inserting in lieu thereof the following: 'Cook Inlet Region,
      Incorporated shall not nominate any lands within the boundaries
      of any conservation system unit, national conservation area,
      national recreation area, national forest, defense withdrawal, or
      any lands that were made available to the State for selection
      pursuant to sections 2 and 5 of the State-Federal Agreement of
      September 1, 1972.'.
        "(11) Notwithstanding the provisions of section 906 of the
      Alaska National Interest Lands Conservation Act [section 1635 of
      this title] and section 6(i) of the Alaska Statehood Act (72
      Stat. 339) [set out in a note preceding section 21 of Title 48,
      Territories and Insular Possessions];
          "(i) The State is hereby authorized to convey to the United
        States for reconveyance to the Region, and the Secretary is
        directed to accept and so reconvey, lands tentatively approved
        for patent or patented to the State, if the State and the
        Region enter into an agreement that such lands shall be
        reconveyed to the Region to fulfill all or part of its
        entitlement under paragraph I(C)(1) of the document referred to
        in this section: Provided, That the acreage of lands conveyed
        to the United States under this provision shall be added to the
        State's unfulfilled entitlement pursuant to section 6 of the
        Alaska Statehood Act, and the number of townships to be
        nominated, pooled, struck, selected and conveyed pursuant to
        paragraph I(C)(1) of the document referred to in this section
        shall be reduced accordingly.
          "(ii) The Secretary is directed to convey to the Region lands
        selected by the State prior to July 18, 1973 or pursuant to
        sections 2 and 5 of the State-Federal Agreement of September 1,
        1972, if the State relinquishes such selections and enters into
        an agreement with the Region that such lands shall be
        reconveyed to the Region to fulfill all or part of its
        entitlement under paragraph I(C)(1) of the document referred to
        in this section, and the number of townships to be nominated,
        pooled, struck, selected and conveyed pursuant to paragraph
        I(C)(1) of the document referred to in this section shall be
        reduced accordingly.
          "(iii) The Secretary, in the Secretary's discretion, is
        authorized to enter into an agreement with the State and the
        Region to implement the authority contained in this section
        12(b)(11) [subsec. (b)(11) of this note], which agreement may
        provide for conveyances directly from the State to the Region.
        Conveyances directly conveyed shall be deemed conveyances from
        the Secretary pursuant to the Alaska Native Claims Settlement
        Act (43 U.S.C. 1601 et seq.).
      "(c) The lands and interests conveyed to the Region under the
    foregoing subsections of this section and the lands provided by the
    State exchange under subsection (a)(1) of this section, shall be
    considered and treated as conveyances under the Settlement Act
    [this chapter] unless otherwise provided, and shall constitute the
    Region's full entitlement under sections 12(c) and 14(h)(8) of the
    Settlement Act [sections 1611(c) and 1613(h)(8) of this title]. Of
    such lands, 3.58 townships of oil and gas and coal in the Kenai
    National Moose Range shall constitute the full surface and
    subsurface entitlement of the Region under section 14(h)(8)
    [section 1613(h)(8) of this title]. The lands which would comprise
    the difference in acreage between the lands actually conveyed under
    and referred to in the foregoing subsections of this section, and
    any final determination of what the Region's acreage rights under
    sections 12(c) and 14(h)(8) of the Settlement Act [sections 1611(c)
    and 1613(h)(8) of this title] would have been, if the conveyances
    set forth in this section to the Region had not been executed,
    shall be retained by the United States and shall not be available
    for conveyance to any Regional Corporation or Village Corporation,
    notwithstanding any provisions of the Settlement Act [this chapter]
    to the contrary.
      "(d)(1) The Secretary shall convey to the State of Alaska all
    right, title, and interest of the United States in and to all of
    the following lands:
        "(i) At least 22.8 townships and no more than 27 townships of
      land from those presently withdrawn under section 17(d)(2) of the
      Settlement Act [section 1616(d)(2) of this title] in the Lake
      Iliamna area and within the Nushagak River or Koksetana River
      drainages near lands heretofore selected by the State, the amount
      and identities of which shall be determined pursuant to the
      document referred to in subsection (b); and
        "(ii) 26 townships of lands in the Talkeetna Mountains,
      Kamishak Bay, and Tutna Lake areas, the identities of which are
      set forth in the document referred to in subsection (b).
    All lands granted to the State of Alaska pursuant to this
    subsection shall be regarded for all purposes as if conveyed to the
    State under and pursuant to section 6 of the Alaska Statehood Act
    [set out as a note preceding section 21 of Title 48, Territories
    and Insular Possessions]: Provided, however, That this grant of
    lands shall not constitute a charge against the total acreage to
    which the State is entitled under section 6(b) of the Alaska
    Statehood Act.
      "(2) The Secretary is authorized and directed to convey to the
    State of Alaska, without consideration, all right, title, and
    interest of the United States in and to all that tract generally
    known as the Campbell tract and more particularly identified in the
    document referred to in subsection (b) except for one compact union
    of land, which he determines, after consultation with the State of
    Alaska, is actually needed by the Bureau of Land Management for its
    present operations: Provided, That in no event shall the unit of
    land so excepted exceed 1,000 acres in size. The land authorized to
    be conveyed pursuant to this paragraph shall be used for public
    parks and recreational purposes and other compatible public
    purposes. An area encompassing approximately sixty-two acres and
    depicted on the map entitled 'Native Heritage Park Proposal' and on
    file with the Secretary shall be managed in accordance with the
    generalized land use plan outlined in the Greater Anchorage Area
    Borough's Far North Bicentennial Park Master Development Plan of
    September 1974. Except as provided otherwise in this paragraph, in
    making the conveyance authorized and required by this paragraph,
    the Secretary shall utilize the procedures of the Recreation and
    Public Purposes Act (44 Stat. 741), as amended [section 869 et seq.
    of this title], and regulations developed pursuant to that Act, and
    the conveyance of such lands shall also contain a provision that,
    if the lands cease to be used for the purposes for which they were
    conveyed; the lands and title thereto shall revert to the United
    States: Provided, however, That the acreage limitation provided by
    section 1(b) of that Act, as amended by the Act of June 4, 1954 (68
    Stat. 173) [section 869(b) of this title], shall not apply to this
    conveyance, nor shall the lands conveyed pursuant to this paragraph
    be counted against that acreage limitation with respect to the
    State of Alaska or any subdivision thereof: Provided further, That
    to the extent necessary, any and all conveyance documents executed
    concerning the conveyance of the lands referred to in this proviso
    shall be deemed amended accordingly to conform to this proviso.
      "(3) The Secretary is authorized and directed to make available
    for selection by the State, in its discretion, under section 6 of
    the Alaska Statehood Act [set out as a note preceding section 21 of
    Title 48, Territories and Insular Possessions], 12.4 townships of
    land to be selected from lands within the Talkeetna Mountains and
    Koksetna River area as described in the document referred to in
    subsection (b).
      "(e) The Secretary may, notwithstanding any other provision of
    law to the contrary, convey title to lands and interests in lands
    selected by Native corporations within the exterior boundaries of
    Power Site Classification 443, February 13, 1958, to such
    corporations, subject to the reservations required by section 24 of
    the Federal Power Act [section 818 of Title 16, Conservation]. This
    conveyance shall be considered and treated as a conveyance under
    the Settlement Act [this chapter].
      "(f) All conveyances of lands made or to be made by the State of
    Alaska in satisfaction of the terms and conditions of the document
    referred to in subsection (b) of this section shall pass all of the
    State's right, title, and interest in such lands, including the
    minerals therein, as if those conveyances were made pursuant to
    section 22(f) of the Settlement Act [section 1621(f) of this
    title], except that dedicated or platted section line easements and
    highway and other rights-of-way may be reserved to the State.
      "(g) The Secretary, through the National Park Service, shall
    provide financial assistance, not to exceed $25,000, hereby
    authorized to be appropriated, and technical assistance to the
    Region for the purpose of developing and implementing a land use
    plan for the west side of Cook Inlet, including an analysis of
    alternative uses of such lands.
      "(h) Village Corporations within the Cook Inlet Region shall have
    until December 18, 1976, to file selections under section 12(b) of
    the Settlement Act [section 1611(b) of this title], notwithstanding
    any provision of that Act to the contrary.
      "(i) The Secretary shall report to the Congress by April 15,
    1976, on the implementation of this section. If the State fails to
    agree to engage in a transfer with the Federal Government, pursuant
    to subsection (a)(1), the Secretary shall prior to December 18,
    1976, make no conveyance of the lands that were to be conveyed to
    the Region in this section, nor shall he convey prior to such date
    the Point Campbell, Point Woronzof, and Campbell tracts, so that
    the Congress is not precluded from fashioning an appropriate
    remedy. In the event that the State fails to agree as aforesaid,
    all rights of the Region that may have been extinguished by this
    section shall be restored."

        CONVEYANCE TO KONIAG, INC., A REGIONAL CORPORATION, OF THE
                 SUBSURFACE ESTATE OF LANDS TO BE SELECTED
      Pub. L. 94-204, Sec. 15, Jan. 2, 1976, 89 Stat. 1154, as amended
    by Pub. L. 96-487, title IX, Sec. 911, Dec. 2, 1980, 94 Stat. 2447,
    provided that:
      "(a) The Secretary shall convey under section 12(a)(1) and 14(f)
    of the Settlement Act [sections 1611(a)(1) and 1613(f) of this
    title] to Koniag, Incorporated, a Regional Corporation established
    pursuant to section 7 of said Act [section 1606 of this title],
    such of the subsurface estate, other than title to or the right to
    remove gravel and common varieties of minerals and materials, as is
    selected by said corporation from lands withdrawn by Public Land
    Order 5397 for identification for selection by it located in the
    following described area:
        "Township 36 south, range 52 west, all;
        "Township 37 south, range 51 west, all;
        "Township 37 south, range 52 west, all;
        "Township 37 south, range 53 west, sections 1 through 4, 9
      through 16, 21 through 24, and the north half of sections 25
      through 28;
        "Township 38 south, range 51 west, sections 1 through 5, 9, 10,
      12, 13, 18, 24, and 25;
        "Township 38 south, range 52 west, sections 1 through 35;
        "Township 38 south, range 53 west, sections 1, 12, 13, 24, 25,
      and 26;
        "Township 39 south, range 51 west, sections 1, 6, 7, 16 through
      21, 28 through 33, and 36;
        "Township 39 south, range 52 west, sections 1, 2, 11 through
      15, and 22 through 24;
        "Township 39 south, range 53 west, sections 33 through 36, and
      the south half of section 26;
        "Township 40 south, range 51 west, sections 2 and 6;
        "Township 40 south, range 52 west, sections 6 through 10, 15
      through 21, and 27 through 36;
        "Township 40 south, range 53 west, sections 1 through 19, 21
      through 28, and 34 through 36;
        "Township 40 south, range 54 west, sections 1 through 34;
        "Township 41 south, range 52 west, sections 7, 8, 9, 16, 17,
      and 18;
        "Township 41 south, range 53 west, sections 1, 4, 5, 8, 9, 11,
      12, and 16;
        "Township 41 south, range 54 west, section 6, S. M., Alaska;
      "Notwithstanding the withdrawal of such lands by Public Land
    Order 5179, as amended, pursuant to section 17(d)(2) of the
    Settlement Act [section 1616(d)(2) of this title]: Provided, That
    notwithstanding the future designation by Congress as part of the
    National Park System or other national land system referred to in
    section 17(d)(2)(A) of the Settlement Act [section 1616(d)(2)(A) of
    this title] of the surface estate overlying any subsurface estate
    conveyed as provided in this section, and with or without such
    designation, Koniag, Incorporated, shall have such use of the
    surface estate, including such right of access thereto, as is
    reasonably necessary to the exploration for and the removal of oil
    and gas from said subsurface estate, subject to such regulations by
    the Secretary as are necessary to protect the ecology from
    permanent harm.
      "The United States shall make available to Koniag, its successors
    and assigns, such sand and gravel as is reasonably necessary for
    the construction of facilities and rights-of-way appurtenant to the
    exercise of the rights conveyed under this section, pursuant to the
    provisions of section 601 et seq., title 30, United States Code,
    and the regulations implementing that statute which are then in
    effect.
      "(b) The subsurface estate in all lands other than those
    described in subsection (a) within the Koniag Region and withdrawn
    under section 17(d)(2)(E) of the Settlement Act [section
    1616(d)(2)(E) of this title], shall not be available for selection
    by Koniag Region, Incorporated."

           SELECTION OF LANDS BY VILLAGE CORPORATION OF TATITLEK       
      Pub. L. 94-204, Sec. 16, Jan. 2, 1976, 89 Stat. 1155, provided
    that: "Within ninety days after the date of enactment of this Act
    [Jan. 2, 1976], the corporation created by the enrolled residents
    of the Village of Tatitlek may file selections upon any of the
    following described lands: Copper River Meridian
        "Township 9 south, range 3 east, sections 23, 26, 31-35.
        "Township 10 south, range 3 east, sections 2-27, 34-36.
        "Township 11 south, range 4 east, sections 5, 6, 8, 9, 16, 17,
      20-22, 27-29, 33-35.
        "Township 9 south, range 3 east, sections 3-6, 9-11.
        "Township 9 south, range 3 east, sections 14-16, 21, 22, 27,
      28.
      "The Secretary shall receive and adjudicate such selections as
    though they were timely filed pursuant to section 12(a) or 12(b) of
    the Settlement Act [section 1611(a) or 1611(b) of this title], and
    were withdrawn pursuant to section 11 of that Act [section 1610 of
    this title].
      "The Secretary shall convey such lands selected pursuant to this
    authorization which otherwise comply with the applicable statutes
    and regulations. This section shall not be construed to increase
    the entitlement of the corporation of the enrolled residents of
    Tatitlek or to increase the amount of land that may be selected
    from the National Forest System. The subsurface of any land
    selected pursuant to this section shall be conveyed to the Regional
    Corporation for the Chugach Region pursuant to section 14(f) of the
    Settlement Act [section 1613(f) of this title]."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

    (!2) So in original. Probably should be "subsection".

-End-

-CITE-
    43 USC Sec. 1612                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1612. Surveys

-STATUTE-
    (a) Areas for conveyance to Village Corporations; monumentation of
      exterior boundaries; meanderable water boundaries exempt from
      requirement; land occupied as primary place of residence or
      business, or for other purposes and other patentable lands as
      subject to survey
      The Secretary shall survey the areas selected or designated for
    conveyance to Village Corporations pursuant to the provisions of
    this chapter. He shall monument only exterior boundaries of the
    selected or designated areas at angle points and at intervals of
    approximately two miles on straight lines. No ground survey or
    monumentation will be required along meanderable water boundaries.
    He shall survey within the areas selected or designated land
    occupied as a primary place of residence, as a primary place of
    business, and for other purposes, and any other land to be patented
    under this chapter.
    (b) Withdrawals, selections, and conveyances pursuant to chapter:
      current plats of surveys or protraction diagrams; conformity to
      Land Survey System
      All withdrawals, selections, and conveyances pursuant to this
    chapter shall be as shown on current plats of survey or protraction
    diagrams of the Bureau of Land Management, or protraction diagrams
    of the Bureau of the State where protraction diagrams of the Bureau
    of Land Management are not available, and shall conform as nearly
    as practicable to the United States Land Survey System.

-SOURCE-
    (Pub. L. 92-203, Sec. 13, Dec. 18, 1971, 85 Stat. 702.)

-End-

-CITE-
    43 USC Sec. 1613                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1613. Conveyance of lands

-STATUTE-
    (a) Native villages listed in section 1610 and qualified for land
      benefits; patents for surface estates; issuance; acreage
      Immediately after selection by a Village Corporation for a Native
    village listed in section 1610 of this title which the Secretary
    finds is qualified for land benefits under this chapter, the
    Secretary shall issue to the Village Corporation a patent to the
    surface estate in the number of acres shown in the following table:

        If the village had on the 1970 census            It shall be    
        enumeration date a Native population            entitled to a   
                      between -                       patent to an area 
                                                       of public lands  
                                                         equal to -     
    --------------------------------------------------------------------
    25 and 99                                              69,120 acres.
    100 and 199                                            92,160 acres.
    200 and 399                                           115,200 acres.
    400 and 599                                           138,240 acres.
    600 or more                                           161,280 acres.
    --------------------------------------------------------------------

    The lands patented shall be those selected by the Village
    Corporation pursuant to section 1611(a) of this title. In addition,
    the Secretary shall issue to the Village Corporation a patent to
    the surface estate in the lands selected pursuant to section
    1611(b) of this title.
    (b) Native villages listed in section 1615 and qualified for land
      benefits; patents for surface estates; issuance; acreage
      Immediately after selection by any Village Corporation for a
    Native village listed in section 1615 of this title which the
    Secretary finds is qualified for land benefits under this chapter,
    the Secretary shall issue to the Village Corporation a patent to
    the surface estate to 23,040 acres. The lands patented shall be the
    lands within the township or townships that enclose the Native
    village, and any additional lands selected by the Village
    Corporation from the surrounding townships withdrawn for the Native
    village by section 1615(a) of this title.
    (c) Patent requirements; order of conveyance; vesting date;
      advisory and appellate functions of Regional Corporations on
      sales, leases, or other transactions prior to final commitment
      Each patent issued pursuant to subsections (a) and (b) of this
    section shall be subject to the requirements of this subsection.
    Upon receipt of a patent or patents:
        (1) the Village Corporation shall first convey to any Native or
      non-Native occupant, without consideration, title to the surface
      estate in the tract occupied as of December 18, 1971 (except that
      occupancy of tracts located in the Pribilof Islands shall be
      determined as of the date of initial conveyance of such tracts to
      the appropriate Village Corporation) as a primary place of
      residence, or as a primary place of business, or as a subsistence
      campsite, or as headquarters for reindeer husbandry;
        (2) the Village Corporation shall then convey to the occupant,
      either without consideration or upon payment of an amount not in
      excess of fair market value, determined as of the date of initial
      occupancy and without regard to any improvements thereon, title
      to the surface estate in any tract occupied as of December 18,
      1971 by a nonprofit organization;
        (3) the Village Corporation shall then convey to any Municipal
      Corporation in the Native village or to the State in trust for
      any Municipal Corporation established in the Native village in
      the future, title to the remaining surface estate of the improved
      land on which the Native village is located and as much
      additional land as is necessary for community expansion, and
      appropriate rights-of-way for public use, and other foreseeable
      community needs: Provided, That the amount of lands to be
      transferred to the Municipal Corporation or in trust shall be no
      less than 1,280 acres unless the Village Corporation and the
      Municipal Corporation or the State in trust can agree in writing
      on an amount which is less than one thousand two hundred and
      eighty acres: Provided further, That any net revenues derived
      from the sale of surface resources harvested or extracted from
      lands reconveyed pursuant to this subsection shall be paid to the
      Village Corporation by the Municipal Corporation or the State in
      trust: Provided, however, That the word "sale", as used in the
      preceding sentence, shall not include the utilization of surface
      resources for governmental purposes by the Municipal Corporation
      or the State in trust, nor shall it include the issuance of free
      use permits or other authorization for such purposes;
        (4) the Village Corporation shall convey to the Federal
      Government, State, or to the appropriate Municipal Corporation,
      title to the surface estate for airport sites, airway beacons,
      and other navigation aids as such existed on December 18, 1971,
      together with such additional acreage and/or easements as are
      necessary to provide related governmental services and to insure
      safe approaches to airport runways as such airport sites,
      runways, and other facilities existed as of December 18, 1971;
      and
        (5) for a period of ten years after December 18, 1971, the
      Regional Corporation shall be afforded the opportunity to review
      and render advice to the Village Corporations on all land sales,
      leases or other transactions prior to any final commitment.

      There is authorized to be appropriated such sums as may be
    necessary for the purpose of providing technical assistance to
    Village Corporations established pursuant to this chapter in order
    that they may fulfill the reconveyance requirements of this
    subsection. The Secretary may make funds available as grants to
    ANCSA or nonprofit corporations that maintain in-house land
    planning and management capabilities.
    (d) Rule of approximation with respect to acreage limitations
      (1) The Secretary may apply the rule of approximation with
    respect to the acreage limitations contained in this section.
      (2) For purposes of applying the rule of approximation under this
    section, the largest legal subdivision that may be conveyed in
    excess of the applicable acreage limitation specified in subsection
    (a) of this section shall be - 
        (A) in the case of land managed by the Bureau of Land
      Management that is not within a conservation system unit, the
      next whole section;
        (B) in the case of land managed by an agency other than the
      Bureau of Land Management that is not within a conservation
      system unit, the next quarter-section and only with concurrence
      of the agency; or
        (C) in the case of land within a conservation system unit, a
      quarter of a quarter section, and if the land is managed by an
      agency other than the Bureau of Land Management, only with the
      concurrence of that agency.

      (3)(A) If the Secretary determines pursuant to paragraph (2) that
    an entitlement of a Village Corporation (other than a Village
    Corporation listed in section 1615(a) of this title) or a Regional
    Corporation may be fulfilled by conveying a specific tract of
    surveyed or unsurveyed land, the Secretary and the affected Village
    or Regional Corporation may enter into an agreement providing that
    all land entitlements under this chapter shall be deemed satisfied
    by conveyance of the specifically identified and agreed upon tract
    of land.
      (B) An agreement entered into under subparagraph (A) shall be - 
        (i) in writing;
        (ii) executed by the Secretary and the Village or Regional
      Corporation; and
        (iii) authorized by a corporate resolution adopted by the
      affected Village or Regional Corporation.

      (C) After execution of an agreement under subparagraph (A) and
    conveyance of the agreed upon tract to the affected Village or
    Regional Corporation - 
        (i) the Secretary shall not make any further adjustments to
      calculations relating to acreage entitlements of the Village or
      Regional Corporation; and
        (ii) the Village or Regional Corporation shall not be entitled
      to any further conveyances under this chapter.

      (D) A Village or Regional Corporation shall not be eligible to
    receive land under subparagraph (A) if the Village or Regional
    Corporation has received the full land entitlement of the Village
    or Regional Corporation through - 
        (i) an actual conveyance of land; or
        (ii) a previous agreement.

      (E) If the calculations of the Secretary indicate that the final
    survey boundaries for any Village or Regional Corporation
    entitlement for which an agreement has not been entered into under
    this paragraph include acreage in a quantity that exceeds the
    statutory entitlement of the corporation by  1/10  of 1 percent or
    less, but not more than the applicable acreage limitation specified
    in paragraph (2) - 
        (i) the entitlement shall be considered satisfied by the
      conveyance of the surveyed area; and
        (ii) the Secretary shall not change the survey for the sole
      purpose of an acreage adjustment.

      (F) This paragraph does not limit or otherwise affect the ability
    of a Village or Regional Corporation to enter into land exchanges
    with the United States.
    (e) Surface and/or subsurface estates to Regional Corporations
      Immediately after selection by a Regional Corporation, the
    Secretary shall convey to the Regional Corporation title to the
    surface and/or the subsurface estates, as is appropriate, in the
    lands selected.
    (f) Patents to Village Corporations for surface estates and to
      Regional Corporations for subsurface estates; excepted lands;
      mineral rights, consent of Village Corporations
      When the Secretary issues a patent to a Village Corporation for
    the surface estate in lands pursuant to subsections (a) and (b) of
    this section, he shall issue to the Regional Corporation for the
    region in which the lands are located a patent to the subsurface
    estate in such lands, except lands located in the National Wildlife
    Refuge System and lands withdrawn or reserved for national defense
    purposes, including Naval Petroleum Reserve Numbered 4, for which
    in lieu rights are provided for in section 1611(a)(1) of this
    title: Provided, That the right to explore, develop, or remove
    minerals from the subsurface estate in the lands within the
    boundaries of any Native village shall be subject to the consent of
    the Village Corporation.
    (g) Valid existing rights preserved; saving provisions in patents;
      patentee rights; administration; proportionate rights of patentee
      All conveyances made pursuant to this chapter shall be subject to
    valid existing rights. Where, prior to patent of any land or
    minerals under this chapter, a lease, contract, permit, right-of-
    way, or easement (including a lease issued under section 6(g) of
    the Alaska Statehood Act) has been issued for the surface or
    minerals covered under such patent, the patent shall contain
    provisions making it subject to the lease, contract, permit, right-
    of-way, or easement, and the right of the lessee, contractee,
    permittee, or grantee to the complete enjoyment of all rights,
    privileges, and benefits thereby granted to him. Upon issuance of
    the patent, the patentee shall succeed and become entitled to any
    and all interests of the State or the United States as lessor,
    contractor, permitter, or grantor, in any such leases, contracts,
    permits, rights-of-way, or easements covering the estate patented,
    and a lease issued under section 6(g) of the Alaska Statehood Act
    shall be treated for all purposes as though the patent had been
    issued to the State. The administration of such lease, contract,
    permit, right-of-way, or easement shall continue to be by the State
    or the United States, unless the agency responsible for
    administration waives administration. In the event that the patent
    does not cover all of the land embraced within any such lease,
    contract, permit, right-of-way, or easement, the patentee shall
    only be entitled to the proportionate amount of the revenues
    reserved under such lease, contract, permit, right-of-way, or
    easement by the State or the United States which results from
    multiplying the total of such revenues by a fraction in which the
    numerator is the acreage of such lease, contract, permit, right-of-
    way, or easement which is included in the patent and the
    denominator is the total acreage contained in such lease, contract,
    permit, right-of-way, or easement.
    (h) Authorization for land conveyances; surface and subsurface
      estates
      The Secretary is authorized to withdraw and convey 2 million
    acres of unreserved and unappropriated public lands located outside
    the areas withdrawn by sections 1610 and 1615 of this title, and
    (!1) follows:

        (1)(A) The Secretary may withdraw and convey to the appropriate
      Regional Corporation fee title to existing cemetery sites and
      historical places.
        (B) Only title to the surface estate shall be conveyed for
      lands located in a Wildlife Refuge, when the cemetery or
      historical site is greater than 640 acres.
        (C)(i) Notwithstanding acreage allocations made before December
      10, 2004, the Secretary may convey any cemetery site or
      historical place - 
          (I) with respect to which there is an application on record
        with the Secretary on December 10, 2004; and
          (II) that is eligible for conveyance.

        (ii) Clause (i) shall also apply to any of the 188 closed
      applications that are determined to be eligible and reinstated
      under Secretarial Order No. 3220 dated January 5, 2001.
        (D) No applications submitted for the conveyance of land under
      subparagraph (A) that were closed before December 10, 2004, may
      be reinstated other than those specified in subparagraph (C)(ii).
        (E) After December 10, 2004 - 
          (i) no application may be filed for the conveyance of land
        under subparagraph (A); and
          (ii) no pending application may be amended, except as
        necessary to conform the application to the description in the
        certification of eligibility of the Bureau of Indian Affairs.

        (F) Unless, not later than 1 year after December 10, 2004, a
      Regional Corporation that has filed an application for a historic
      place submits to the Secretary a statement on the significance of
      and the location of the historic place - 
          (i) the application shall not be valid; and
          (ii) the Secretary shall reject the application.

        (G) The State and the head of the Federal agency with
      administrative jurisdiction over the land shall have 30 days to
      provide written comments to the Secretary - 
          (i) identifying any third party interest to which a
        conveyance under subparagraph (A) should be made subject; and
          (ii) describing any easements recommended for reservation.

        (2) The Secretary may withdraw and convey to a Native group
      that does not qualify as a Native village, if it incorporates
      under the laws of Alaska, title to the surface estate in not more
      than 23,040 acres surrounding the Native group's locality. The
      subsurface estate in such land shall be conveyed to the
      appropriate Regional Corporation unless the lands are located in
      a Wildlife Refuge;
        (3) The Secretary may withdraw and convey to the Natives
      residing in Sitka, Kenai, Juneau, and Kodiak, if they incorporate
      under the laws of Alaska, the surface estate of lands of a
      similar character in not more than 23,040 acres of land, which
      shall be located in reasonable proximity to the municipalities.
      The subsurface estate in such lands shall be conveyed to the
      appropriate Regional Corporation unless the lands are located in
      a Wildlife Refuge;
        (4) The Secretary shall withdraw only such lands surrounding
      the villages and municipalities as are necessary to permit the
      conveyance authorized by paragraphs (2) and (3) to be planned and
      effected;
        (5) The Secretary may convey to a Native, upon application
      within two years from December 18, 1971, the surface estate in
      not to exceed 160 acres of land occupied by the Native as a
      primary place of residence on August 31, 1971. Determination of
      occupancy shall be made by the Secretary, whose decision shall be
      final. The subsurface estate in such lands shall be conveyed to
      the appropriate Regional Corporations unless the lands are
      located on a Wildlife Refuge;
        (6) The Secretary shall charge against the 2 million acres
      authorized to be conveyed by this section all allotments approved
      pursuant to section 1617 of this title during the four years
      following December 18, 1971. Any minerals reserved by the United
      States pursuant to the Act of March 8, 1922 (42 Stat. 415), as
      amended [43 U.S.C. 270-11 to 270-13],(!2) in a Native Allotment
      approved pursuant to section 1617 of this title during the period
      December 18, 1971, through December 18, 1975, shall be conveyed
      to the appropriate Regional Corporation, unless such lands are
      located in a Wildlife Refuge or in the Lake Clark areas as
      provided in section 12 of the Act of January 2, 1976 (Public Law
      94-204), as amended.

        (7) The Secretary may withdraw and convey lands out of the
      National Wildlife Refuge System and out of the National Forests,
      for the purposes set forth in paragraphs (1), (2), (3), and (5)
      of this subsection; and
        (8)(A) Any portion of the 2 million acres not conveyed by this
      subsection shall be allocated and conveyed to the Regional
      Corporations on the basis of population.
        (B) Such allocation as the Regional Corporation for
      southeastern Alaska shall receive under this paragraph shall be
      selected and conveyed from lands that were withdrawn by sections
      1615(a) and 1615(d) of this title and not selected by the Village
      Corporations in southeastern Alaska; except lands on Admiralty
      Island in the Angoon withdrawal area and, without the consent of
      the Governor of the State of Alaska or his delegate, lands in the
      Saxman and Yakutat withdrawal areas are not available for
      selection or conveyance under this paragraph.
        (C)(i) Notwithstanding any other provision of this subsection,
      as soon as practicable after December 10, 2004, the Secretary
      shall allocate to a Regional Corporation eligible for an
      allocation under subparagraph (A) the Regional Corporation's
      share of 200,000 acres from lands withdrawn under this
      subsection, to be credited against acreage to be allocated to the
      Regional Corporation under subparagraph (A).
        (ii) Clause (i) shall apply to Chugach Alaska Corporation
      pursuant to the terms of the 1982 CNI Settlement Agreement.
        (iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc. -
       
          (I) clause (i) shall not apply; and
          (II) the portion of the 200,000 acres allocated to Cook Inlet
        Region Inc. or Koniag, Inc., shall be retained by the United
        States.

        (iv) This subparagraph shall not affect any prior agreement
      entered into by a Regional Corporation other than the agreements
      specifically referred to in this subparagraph.
        (9) Where the Regional Corporation is precluded from receiving
      the subsurface estate in lands selected and conveyed pursuant to
      paragraph (1), (2), (3), or (5), or the retained mineral estate,
      if any, pursuant to paragraph (6), it may select the subsurface
      estate in an equal acreage from other lands withdrawn for such
      selection by the Secretary, or, as to Cook Inlet Region,
      Incorporated, from those areas designated for in lieu selection
      in paragraph I.B.(2) of the document identified in section 12(b)
      of Public Law 94-204. Selections made under this paragraph shall
      be contiguous and in reasonably compact tracts except as
      separated by unavailable lands, and shall be in whole sections,
      except where the remaining entitlement is less than six hundred
      and forty acres. The Secretary is authorized to withdraw, up to
      two times the Corporation's entitlement, from vacant,
      unappropriated, and unreserved public lands, including lands
      solely withdrawn pursuant to section 1616(d)(1) of this title,
      and the Regional Corporation shall select such entitlement of
      subsurface estate from such withdrawn lands within ninety days of
      receipt of notification from the Secretary.
        (10)(A) Notwithstanding the provisions of subsection 1621(h) of
      this title the Secretary, upon determining that specific lands
      are available for withdrawal and possible conveyance under this
      subsection, may withdraw such lands for selection by and
      conveyance to an appropriate applicant and such withdrawal shall
      remain until revoked by the Secretary.
        (B) If a Regional Corporation does not have enough valid
      selections on file to fulfill the remaining entitlement of the
      Regional Corporation under paragraph (8), the Secretary may use
      the withdrawal authority under subparagraph (A) to withdraw land
      that is vacant, unappropriated, and unreserved on December 10,
      2004, for selection by, and conveyance to, the Regional
      Corporation to fulfill the entitlement.
        (11) For purposes set forth in paragraphs (1), (2), (3), (5),
      and (6) of this subsection, the term Wildlife Refuges refers to
      Wildlife Refuges as the boundaries of those refuges exist on
      December 18, 1971.

-SOURCE-
    (Pub. L. 92-203, Sec. 14, Dec. 18, 1971, 85 Stat. 702; Pub. L. 95-
    178, Sec. 2, Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-487, title
    XIV, Secs. 1404, 1405, 1406(a)-(d), Dec. 2, 1980, 94 Stat. 2493,
    2494; Pub. L. 104-42, title I, Sec. 104, Nov. 2, 1995, 109 Stat.
    355; Pub. L. 108-452, title II, Secs. 203-206, Dec. 10, 2004, 118
    Stat. 3583-3585.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6(g) of the Alaska Statehood Act, referred to in subsec.
    (g), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339,
    as amended, which is set out as a note preceding section 21 of
    Title 48, Territories and Insular Possessions.
      December 10, 2004, referred to in subsec. (h)(1)(C)(i)(I), (D),
    (E), (F), was in the original "the date of enactment of this
    paragraph", which was translated as meaning the date of enactment
    of Pub. L. 108-452, which amended par. (1) of subsec. (h), to
    reflect the probable intent of Congress.
      Act of March 8, 1922, as amended, referred to in subsec. (h)(6),
    is act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which
    enacted sections 270-11 to 270-13 of this title. Sections 270-11
    and 270-13 of this title were repealed by Pub. L. 94-579, title
    VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789. For complete
    classification of this Act to the Code, see Tables.
      Section 12 of the Act of January 2, 1976 (Public Law 94-204), as
    amended, referred to in subsec. (h)(6), (9), is section 12 of Pub.
    L. 94-204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note
    under section 1611 of this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-452, Sec. 203, designated
    existing provisions as par. (1) and added pars. (2) and (3).
      Subsec. (h)(1). Pub. L. 108-452, Sec. 204, designated first
    sentence as subpar. (A) and second sentence as subpar. (B) and
    added subpars. (C) to (G).
      Subsec. (h)(8)(C). Pub. L. 108-452, Sec. 205, added subpar. (C).
      Subsec. (h)(10). Pub. L. 108-452, Sec. 206, designated existing
    provisions as subpar. (A) and added subpar. (B).
      1995 - Subsec. (c). Pub. L. 104-42 inserted last par.
      1980 - Subsec. (c)(1). Pub. L. 96-487, Sec. 1404(a), inserted "as
    of December 18, 1971 (except that occupancy of tracts located in
    the Pribilof Islands shall be determined as of the date of initial
    conveyance of such tracts to the appropriate Village Corporation)"
    after "in the tract occupied".
      Subsec. (c)(2). Pub. L. 96-487, Sec. 1404(b), inserted "as of
    December 18, 1971" after "in any tract occupied".
      Subsec. (c)(3). Pub. L. 96-487, Sec. 1405, inserted provision
    authorizing the Village Corporation and the Municipal Corporation
    or the State in trust to agree to a lesser amount than 1,280 acres
    and requiring any net revenues derived from the sale of surface
    resources harvested or extracted from lands reconveyed be paid to
    the Village Corporation by the Municipal Corporation or the State
    in trust.
      Subsec. (c)(4). Pub. L. 96-487, Sec. 1404(c), inserted "as such
    existed on December 18, 1971" after "navigation aids" and "as such
    airport sites, runways, and other facilities existed as of December
    18, 1971" after "airport runways". Amendment, which directed that
    subsec. (c)(4) end with a period, was executed by substituting ";
    and" to reflect the probable intent of Congress.
      Subsec. (h)(1). Pub. L. 96-487, Sec. 1406(a), inserted provision
    that only title to the surface estate be conveyed for lands located
    in a Wildlife Refuge when the cemetery or historical site is
    greater than 640 acres.
      Subsec. (h)(2), (5). Pub. L. 96-487, Sec. 1406(b), inserted
    "unless the lands are located in a Wildlife Refuge" after "Regional
    Corporation".
      Subsec. (h)(6). Pub. L. 96-487, Sec. 1406(c), substituted
    provision that any minerals reserved by the United States pursuant
    to the Act of Mar. 8, 1922, in a Native Allotment approved pursuant
    to section 1617 of this title during the period Dec. 18, 1971
    through Dec. 18, 1975, be conveyed to the appropriate Regional
    Corporation, unless such lands are located in a Wildlife Refuge or
    in the Lake Clark areas as provided in section 12 of Act Jan. 2,
    1976, for provision that the Secretary charge against the 2 million
    acres authorized all allotments approved pursuant to section 1617
    of this title during the four years following Dec. 18, 1971.
      Subsec. (h)(9) to (11). Pub. L. 96-487, Sec. 1406(d), added pars.
    (9) to (11).
      1977 - Subsec. (h)(8). Pub. L. 95-178 designated existing
    provisions as subpar. (A) and added subpar. (B).

    CLAIM TO SUBSURFACE ESTATE OF LANDS IN WILDLIFE REFUGE; ENTITLEMENT
     TO IN LIEU SURFACE OR SUBSURFACE ESTATE; TIME LIMITATION; WAIVER
      Section 1406(e) of Pub. L. 96-487 provided that: "Any Regional
    Corporation which asserts a claim with the Secretary to the
    subsurface estate of lands selectable under section 14(h) of the
    Alaska Native Claims Settlement Act [subsec. (h) of this section]
    which are in a Wildlife Refuge shall not be entitled to any in lieu
    surface or subsurface estate provided by subsections 12(c)(4) and
    14(h)(9) of such Act [section 1611(c)(4) of this title and subsec.
    (h)(9) of this section]. Any such claim must be asserted within one
    hundred and eighty days after the date of enactment of this Act
    [Dec. 2, 1980]. Failure to assert such claim within the one-hundred-
    and-eighty-day period shall constitute a waiver of any right to
    such subsurface estate in a Wildlife Refuge as the boundaries of
    the refuge existed on the date of enactment of the Alaska Native
    Claims Settlement Act [Dec. 18, 1971]."

    ESCROW ACCOUNT PENDING CONVEYANCE OF WITHDRAWN LANDS; PROCEEDS NOT
      DEPOSITED IN ACCOUNT; PAYMENTS; INTEREST; DEPOSIT OF ACCOUNT IN
    UNITED STATES TREASURY; PUBLIC EASEMENTS; AUTHORITY FOR PAYMENT OUT
                             OF TREASURY FUNDS
      Pub. L. 94-204, Sec. 2, Jan. 2, 1976, 89 Stat. 1146, as amended
    by Pub. L. 96-487, title XIV, Sec. 1411, Dec. 2, 1980, 94 Stat.
    2497; Pub. L. 99-396, Sec. 22, Aug. 27, 1986, 100 Stat. 846; Pub.
    L. 100-581, title II, Sec. 218, Nov. 1, 1988, 102 Stat. 2942,
    provided that:
      "(a)(1) During the period of the appropriate withdrawal for
    selection pursuant to the Settlement Act [this chapter], any and
    all proceeds derived from contracts, leases, licenses, permits,
    rights-of-way, or easements, or from trespass occurring after the
    date of withdrawal of the lands for selection, pertaining to lands
    or resources of lands, including wildlife proceeds received between
    the date of withdrawal and the date of conveyance from harvests on
    lands conveyed pursuant to the Act, withdrawn for Native selection
    pursuant to the Settlement Act shall be deposited in an escrow
    account which shall be held by the Secretary until lands selected
    pursuant to that Act have been conveyed to the selecting
    Corporation or individual entitled to receive benefits under such
    Act.
      "(2) Such proceeds which were received, if any, subsequent to the
    date of withdrawal of the land for selection, but were not
    deposited in the escrow account shall be identified by the
    Secretary within two years of the date of conveyance or this Act
    [probably means Dec. 2, 1980], whichever is later, and shall be
    paid, together with interest payable on the proceeds from the date
    of receipt by the United States to the date of payment to the
    appropriate Corporation or individual to which the land was
    conveyed by the United States: Provided, That the interest on
    proceeds received prior to January 2, 1976, shall be calculated and
    paid at the rate of the earnings on Individual Indian Moneys in the
    custody of the Secretary of the Interior pursuant to sections 463
    and 465 of the Revised Statutes (25 U.S.C. 2 and 9) and invested by
    him pursuant to the Act of June 24, 1938 (25 U.S.C. 162a), from the
    date of receipt to January 2, 1976. Effective January 2, 1976, the
    interest so calculated shall be added to the principal amount of
    such proceeds. The interest on this total amount and on proceeds
    received on or after January 2, 1976, shall be calculated and paid
    as though such proceeds and previously calculated interest had been
    deposited in the escrow account from January 2, 1976, or the date
    of receipt, whichever occurs later, to the date of payment to the
    affected Corporation.[:] Provided further, That any rights of a
    Corporation or individual under this section to such proceeds shall
    be limited to proceeds actually received by the United States plus
    interest: And provided further, That moneys for such payments have
    been appropriated as provided in subsection (e) of this section.
      "(3) Such proceeds which have been deposited in the escrow
    account shall be paid, together with interest accrued by the
    Secretary to the appropriate Corporation or individual upon
    conveyance of the particular withdrawn lands. In the event that a
    conveyance does not cover all of the land embraced within any
    contract, lease, license, permit, right-of-way, easement, or
    trespass, the Corporation or individual shall only be entitled to
    the proportionate amount of the proceeds, including interest
    accrued, derived from such contract, lease, license, permit, right-
    of-way, or easement, which results from multiplying the total of
    such proceeds, including interest accrued, by a fraction in which
    the numerator is the acreage of such contract, lease, license,
    permit, right-of-way, or easement which is included in the
    conveyance and the denominator is the total acreage contained in
    such contract, lease, license, permit, right-of-way, or easement;
    in the case of trespass, the conveyee shall be entitled to the
    proportionate share of the proceeds, including a proportionate
    share of interest accrued, in relation to the damages occurring on
    the respective lands during the period the lands were withdrawn for
    selection.
      "(4) Such proceeds which have been deposited in the escrow
    account pertaining to lands withdrawn but not selected pursuant to
    such Act [this chapter], or selected but not conveyed due to
    rejection or relinquishment of the selection, shall be paid,
    together with interest accrued, as would have been required by law
    were it not for the provisions of this Act [enacting sections 1625
    to 1627 of this title, amending sections 1615, 1616, 1620, and 1621
    of this title, and enacting provisions set out as notes under
    sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title].
      "(5) Lands withdrawn under this subsection include all Federal
    lands identified under appendices A, B-1, and B-2 of the document
    referred to in section 12 of the Act of January 2, 1976 (Public Law
    94-204) [set out as a note under section 1611 of this title] for
    Cook Inlet Region, Incorporated, and are deemed withdrawn as of the
    date established in subsection (a) of section 2 of the Act of
    January 2, 1976 [this subsection].
      "(b) The Secretary is authorized to deposit in the Treasury of
    the United States the escrow account proceeds referred to in
    subsection (a) of this section, and the United States shall pay
    interest thereon semiannually from the date of deposit to the date
    of payment with simple interest at the rate determined by the
    Secretary of the Treasury to be the rate payable on short-term
    obligations of the United States prevailing at the time of payment:
    Provided, That the Secretary in his discretion may withdraw such
    proceeds from the United States Treasury and reinvest such proceeds
    in the manner provided by the first section of the Act of June 24,
    1938 (52 U.S.C. 1037) [section 162a of Title 25, Indians]: Provided
    further, That this section shall not be construed to create or
    terminate any trust relationship between the United States and any
    corporation or individual entitled to receive benefits under the
    Settlement Act [this chapter].
      "(c) Any and all proceeds from public easements reserved pursuant
    to section 17(b)(3) of the Settlement Act [section 1616(b)(3) of
    this title], from or after the date of enactment of this Act [Jan.
    2, 1976], shall be paid to the grantee of such conveyance in
    accordance with such grantee's proportionate share.
      "(d) To the extent that there is a conflict between the
    provisions of this section and any other Federal laws applicable to
    Alaska, the provisions of this section will govern. Any payment
    made to any corporation or any individual under authority of this
    section shall not be subject to any prior obligation under section
    9(d) or 9(f) of the Settlement Act [section 1608(d) or section
    1608(f) of this title].
      "(e) The Secretary shall calculate the amounts payable pursuant
    to this section and notify the affected Corporation of the results
    of his calculations. The affected Corporation shall have thirty
    days in which to appeal the Secretary's calculations after which
    the Secretary shall promptly make a final determination of the
    amounts payable. The Secretary shall certify such final
    determinations to the Secretary of the Treasury and each
    determination shall constitute a final judgment, award, or
    compromise settlement under section 1304 of title 31 of the United
    States Code. The Secretary of the Treasury is authorized and
    directed to pay such amounts to the appropriate Corporation out of
    funds in the Treasury: Provided, That if the lands from which the
    proceeds and interest entitlement are derived have not been
    conveyed to the selecting Native Corporation at the time the
    Secretary makes his final determination, the Secretary of the
    Treasury is authorized and directed to pay such amount into the
    escrow account where it will earn interest and be disbursed in the
    same manner as other proceeds and interest."

      BOUNDARY BETWEEN SOUTHEASTERN AND CHUGACH REGIONS; HUNTING AND
              FISHING RIGHTS OF NATIVES OF VILLAGE OF YAKUTAT
      Pub. L. 94-204, Sec. 11, Jan. 2, 1976, 89 Stat. 1150, provided
    that: "The boundary between the southeastern and Chugach regions
    shall be the 141st meridian: Provided, That the Regional
    Corporation for the Chugach region shall accord to the Natives
    enrolled to the Village of Yakutat the same rights and privileges
    to use any lands which may be conveyed to the Regional Corporation
    in the vicinity of Icy Bay for such purposes as such Natives have
    traditionally made thereof, including, but not limited to,
    subsistence hunting, fishing and gathering, as the Regional
    Corporation accords to its own shareholders, and shall take no
    unreasonable or arbitrary action relative to such lands for the
    primary purpose and having the effect, of impairing or curtailing
    such rights and privileges."

-FOOTNOTE-
    (!1) So in original. Probably should be "as".

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1614                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1614. Timber sale contracts; modification; timber from
      contingency area

-STATUTE-
      (a) Notwithstanding the provisions of existing National Forest
    timber sale contracts that are directly affected by conveyances
    authorized by this chapter, the Secretary of Agriculture is
    authorized to modify any such contract, with the consent of the
    purchaser, by substituting, to the extent practicable, timber on
    other national forest lands approximately equal in volume, species,
    grade, and accessibility for timber standing on any land affected
    by such conveyances, and, on request of the appropriate Village
    Corporation the Secretary of Agriculture is directed to make such
    substitution to the extent it is permitted by the timber sale
    contract without the consent of the purchaser.
      (b) No land conveyed to a Native Corporation pursuant to this
    chapter or by operation of the Alaska National Interest Lands
    Conservation Act which is within a contingency area designated in a
    timber sale contract let by the United States shall thereafter be
    subject to such contract or to entry or timbering by the
    contractor. Until a Native Corporation has received conveyances to
    all of the land to which it is entitled to receive under the
    appropriate section or subsection of this chapter, for which the
    land was withdrawn or selected, no land in such a contingency area
    that has been withdrawn and selected, or selected, by such
    Corporation under this chapter shall be entered by the timber
    contractor and no timber shall be cut thereon, except by agreement
    with such Corporation. For purposes of this subsection, the term
    "contingency area" means any area specified in a timber sale
    contract as an area from which the timber contractor may harvest
    timber if the volume of timber specified in the contract cannot be
    obtained from one or more areas definitely designated for timbering
    in the contract.

-SOURCE-
    (Pub. L. 92-203, Sec. 15, Dec. 18, 1971, 85 Stat. 705; Pub. L. 96-
    487, title IX, Sec. 908, Dec. 2, 1980, 94 Stat. 2447.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska National Interest Lands Conservation Act, referred to
    subsec. (b), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
    amended. For complete classification of this Act to the Code, see
    Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-487 designated existing provision as subsec.
    (a) and added subsec. (b).

-End-

-CITE-
    43 USC Sec. 1615                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1615. Withdrawal and selection of public lands; funds in lieu
      of acreage

-STATUTE-
    (a) Withdrawal of public lands; list of Native villages
      All public lands in each township that encloses all or any part
    of a Native village listed below, and in each township that is
    contiguous to or corners on such township, except lands withdrawn
    or reserved for national defense purposes, are hereby withdrawn,
    subject to valid existing rights, from all forms of appropriation
    under the public land laws, including the mining and mineral
    leasing laws, and from selection under the Alaska Statehood Act, as
    amended:
        Angoon, Southeast.
        Craig, Southeast.
        Hoonah, Southeast.
        Hydaburg, Southeast.
        Kake, Southeast.
        Kasaan, Southeast.
        Klawock, Southeast.
        Saxman, Southeast.
        Yakutat, Southeast.
    (b) Native land selections; Village Corporations for listed Native
      villages; acreage; proximity of selections; conformity to Lands
      Survey System
      During a period of three years from December 18, 1971, each
    Village Corporation for the villages listed in subsection (a) of
    this section shall select, in accordance with rules established by
    the Secretary, an area equal to 23,040 acres, which must include
    the township or townships in which all or part of the Native
    village is located, plus, to the extent necessary, withdrawn lands
    from the townships that are contiguous to or corner on such
    townships. All selections shall be contiguous and in reasonably
    compact tracts, except as separated by bodies of water, and shall
    conform as nearly as practicable to the United States Lands Survey
    System.
    (c) Tlingit-Haida settlement
      The funds appropriated by the Act of July 9, 1968 (82 Stat. 307),
    to pay the judgment of the Court of Claims in the case of The
    Tlingit and Haida Indians of Alaska, et al. against The United
    States, numbered 47,900, and distributed to the Tlingit and Haida
    Indians pursuant to the Act of July 13, 1970 (84 Stat. 431) [25
    U.S.C. 1211], are in lieu of the additional acreage to be conveyed
    to qualified villages listed in section 1610 of this title.
    (d) Withdrawal of lands for selection for village of Klukwan;
      benefits under this chapter; existing entitlements; forest
      reserves; quitclaims to Chilkat Indian Village; location,
      character, and value of lands to be withdrawn; withdrawal and
      selection periods; nonwithdrawal of lands selected or nominated
      for selection by other Native Corporation or located on Admiralty
      Island
      (1) The Secretary is authorized and directed to withdraw seventy
    thousand acres of public lands, as defined in section 1602 of this
    title, in order that the Village Corporation for the village of
    Klukwan may select twenty-three thousand and forty acres of land.
    Such Corporation and the shareholders thereof shall otherwise
    participate fully in the benefits provided by this chapter to the
    same extent as they would have participated had they not elected to
    acquire title to their former reserve as provided by section
    1618(b) of this title: Provided, That nothing in this subsection
    shall affect the existing entitlement of any Regional Corporation
    to lands pursuant to section 1613(h)(8) of this title: Provided
    further, That no such lands shall be withdrawn from an area
    previously withdrawn as a forest reserve without prior consultation
    with the Secretary of Agriculture: Provided further, That the
    foregoing provisions of this subsection shall not become effective
    unless and until the Village Corporation for the village of Klukwan
    shall quitclaim to Chilkat Indian Village, organized under the
    provisions of the Act of June 18, 1934 (48 Stat. 984), as amended
    by the Act of May 1, 1936 (49 Stat. 1250) [25 U.S.C. 461 et seq.],
    all its right, title, and interest in the lands of the reservation
    defined in and vested by the Act of September 2, 1957 (71 Stat.
    596), which lands are hereby conveyed and confirmed to said Chilkat
    Indian Village in fee simple absolute, free of trust and all
    restrictions upon alienation, encumbrance, or otherwise: Provided
    further, That the United States and the Village Corporation for the
    village of Klukwan shall also quitclaim to said Chilkat Indian
    Village any right or interest they may have in and to income
    derived from the reservation lands defined in and vested by the Act
    of September 2, 1957, after December 18, 1971, and prior to January
    2, 1976.
      (2) The lands withdrawn by the Secretary pursuant to paragraph
    (1) of this subsection shall be located in the southeastern Alaska
    region and shall be of similar character and comparable value, to
    the extent possible, to those of the Chilkat Valley surrounding the
    village of Klukwan. Such withdrawal shall be made within six months
    of October 4, 1976, and the Village Corporation for the village of
    Klukwan shall select, within one year from the time that the
    withdrawal is made, and be conveyed, twenty-three thousand and
    forty acres. None of the lands withdrawn by the Secretary for
    selection by the Village Corporation for the village of Klukwan
    shall have been selected by, or be subject to an outstanding
    nomination for selection by, any other Native Corporation organized
    pursuant to this chapter, or located on Admiralty Island.

-SOURCE-
    (Pub. L. 92-203, Sec. 16, Dec. 18, 1971, 85 Stat. 705; Pub. L. 94-
    204, Secs. 9, 10, Jan. 2, 1976, 89 Stat. 1150; Pub. L. 94-456,
    Sec. 1, Oct. 4, 1976, 90 Stat. 1934; Pub. L. 95-178, Sec. 1, Nov.
    15, 1977, 91 Stat. 1369.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (a), are classified
    generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (a), are classified generally to Title 30, Mineral Lands
    and Mining.
      The Alaska Statehood Act, as amended, referred to in subsec. (a),
    is Pub. L. 85-508, July 7, 1958, 72 Stat. 239, as amended, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions. For complete classification of this Act to the
    Code, see Tables.
      Act of July 9, 1968 (82 Stat. 307), referred to in subsec. (c),
    is Pub. L. 90-392, July 9, 1968, 82 Stat. 307, known as the Second
    Supplemental Appropriation Act, 1968, which is not classified to
    the Code.
      The United States Court of Claims, referred to in subsec. (c),
    and the United States Court of Customs and Patent Appeals were
    merged effective Oct. 1, 1982, into a new United States Court of
    Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96
    Stat. 25, which also created a United States Claims Court [now
    United States Court of Federal Claims] that inherited the trial
    jurisdiction of the Court of Claims. See sections 48, 171 et seq.,
    791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
    Procedure.
      Act of July 13, 1970 (84 Stat. 431), referred to in subsec. (c),
    is Pub. L. 91-335, July 13, 1970, 84 Stat. 431, which enacted
    section 1211 of Title 25, Indians. For complete classification of
    this Act to the Code, see Tables.
      Act of June 18, 1934, as amended by the Act of May 1, 1936,
    referred to in subsec. (d)(1), is act June 18, 1934, ch. 576, 48
    Stat. 984, as amended by act May 1, 1936, ch. 254, Sec. 1, 49 Stat.
    1250, popularly known as the Indian Reorganization Act, is
    classified generally to subchapter V (Sec. 461 et seq.) of chapter
    14 of Title 25. For complete classification of this Act to the
    Code, see Short Title note set out under section 461 of Title 25
    and Tables.
      Act of September 2, 1957, referred to in subsec. (d)(1), is Pub.
    L. 85-271, Sept. 2, 1957, 71 Stat. 596, which is not classified to
    the Code.

-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-178 struck out provisions relating
    to allocations received by the Regional Corporation for the
    southeastern Alaska region under section 1613(h)(8) of this title
    and selection and conveyance of such allocated lands.
      1976 - Subsec. (a). Pub. L. 94-456, Sec. 1(a), struck out
    "Klukwan, Southeast." from list of villages.
      Subsec. (b). Pub. L. 94-204, Sec. 10, inserted provisions
    relating to the selection and conveyance of such allocation as the
    Regional Corporation for the southeastern Alaska region shall
    receive.
      Subsec. (d). Pub. L. 94-456, Sec. 1(b), designated existing
    provisions as par. (1), substituting provision relating to
    authorization and direction of Secretary to withdraw lands in order
    that the Village Corporation may select twenty-three thousand and
    forty acres for provision that the lands enclosing and surrounding
    the village which were withdrawn by subsec. (a) are rewithdrawn to
    the same extent and for the same purposes as provided by said
    subsec. (a) for one year from January 2, 1976, during which the
    Village Corporation shall select an area equal to twenty-three
    thousand and forty acres in accordance with subsec. (b) and
    inserting proviso against withdrawal of such lands from an area
    previously withdrawn as a forest reserve without prior consultation
    with the Secretary of Agriculture, and added par. (2).
      Pub. L. 94-204, Sec. 9, added subsec. (d).

-End-

-CITE-
    43 USC Sec. 1616                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1616. Joint Federal-State Land Use Planning Commission for
      Alaska

-STATUTE-
    (a), (b) Omitted
    (c) Prohibition against selection of lands from withdrawn area in
      event of withdrawal of utility and transportation corridor across
      public lands
      In the event that the Secretary withdraws a utility and
    transportation corridor across public lands in Alaska pursuant to
    his existing authority, the State, the Village Corporations and the
    Regional Corporations shall not be permitted to select lands from
    the area withdrawn.
    (d) Public Land Order Numbered 4582 revoked; withdrawal of
      unreserved public lands; classification and reclassification of
      lands; opening lands to appropriation; administration;
      contracting and other authority of Secretary not impaired by
      withdrawal
      (1) Public Land Order Numbered 4582, 34 Federal Register 1025, as
    amended, is hereby revoked. For a period of ninety days after
    December 18, 1971, all unreserved public lands in Alaska are hereby
    withdrawn from all forms of appropriation under the public land
    laws, including the mining (except locations for metalliferous
    minerals) and the mineral leasing laws. During this period of time
    the Secretary shall review the public lands in Alaska and determine
    whether any portion of these lands should be withdrawn under
    authority provided for in existing law to insure that the public
    interest in these lands is properly protected. Any further
    withdrawal shall require an affirmative act by the Secretary under
    his existing authority, and the Secretary is authorized to classify
    or reclassify any lands so withdrawn and to open such lands to
    appropriation under the public land laws in accord with his
    classifications. Withdrawals pursuant to this paragraph shall not
    affect the authority of the Village Corporations, the Regional
    Corporations, and the State to make selections and obtain patents
    within the areas withdrawn pursuant to section 1610 of this title.
      (2)(A) The Secretary, acting under authority provided for in
    existing law, is directed to withdraw from all forms of
    appropriation under the public land laws, including the mining and
    mineral leasing laws, and from selection under the Alaska Statehood
    Act, and from selection by Regional Corporations pursuant to
    section 1610 of this title, up to, but not to exceed, eighty
    million acres of unreserved public lands in the State of Alaska,
    including previously classified lands, which the Secretary deems
    are suitable for addition to or creation as units of the National
    Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems:
    Provided, That such withdrawals shall not affect the authority of
    the State and the Regional and Village Corporations to make
    selections and obtain patents within the areas withdrawn pursuant
    to section 1610 of this title.
      (B) Lands withdrawn pursuant to paragraph (A) hereof must be
    withdrawn within nine months of December 18, 1971. All unreserved
    public lands not withdrawn under paragraph (A) or subsection (d)(1)
    of this section shall be available for selection by the State and
    for appropriation under the public land laws.
      (C) Every six months, for a period of two years from December 18,
    1971, the Secretary shall advise the Congress of the location, size
    and values of lands withdrawn pursuant to paragraph (A) and submit
    his recommendations with respect to such lands. Any lands withdrawn
    pursuant to paragraph (A) not recommended for addition to or
    creation as units of the National Park, Forest, Wildlife Refuge,
    and Wild and Scenic Rivers Systems at the end of the two years
    shall be available for selection by the State and the Regional
    Corporations, and for appropriations under the public land laws.
      (D) Areas recommended by the Secretary pursuant to paragraph (C)
    shall remain withdrawn from any appropriation under the public land
    laws until such time as the Congress acts on the Secretary's
    recommendations, but not to exceed five years from the
    recommendation dates. The withdrawal of areas not so recommended
    shall terminate at the end of the two year period.
      (E) Notwithstanding any other provision of this subsection,
    initial identification of lands desired to be selected by the State
    pursuant to the Alaska Statehood Act and by the Regional
    Corporations pursuant to section 1611 of this title may be made
    within any area withdrawn pursuant to this subsection (d), but such
    lands shall not be tentatively approved or patented so long as the
    withdrawals of such areas remain in effect: Provided, That
    selection of lands by Village Corporations pursuant to section 1611
    of this title shall not be affected by such withdrawals and such
    lands selected may be patented and such rights granted as
    authorized by this chapter. In the event Congress enacts
    legislation setting aside any areas withdrawn under the provisions
    of this subsection which the Regional Corporations or the State
    desired to select, then other unreserved public lands shall be made
    available for alternative selection by the Regional Corporations
    and the State. Any time periods established by law for Regional
    Corporations or State selections are hereby extended to the extent
    that delays are caused by compliance with the provisions of this
    subsection (2).
      (3) Any lands withdrawn under this section shall be subject to
    administration by the Secretary under applicable laws and
    regulations, and his authority to make contracts and to grant
    leases, permits, rights-of-way, or easements shall not be impaired
    by the withdrawal.

-SOURCE-
    (Pub. L. 92-203, Sec. 17, Dec. 18, 1971, 85 Stat. 706; Pub. L. 94-
    204, Sec. 7, Jan. 2, 1976, 89 Stat. 1149.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), is
    Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions. For complete classification of this Act to the
    Code, see Tables.
      The public land laws, referred to in subsec. (d)(1), (2)(B) to
    (D), are classified generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (d)(1), are classified generally to Title 30, Mineral Lands
    and Mining.

-COD-
                               CODIFICATION                           
      Subsecs. (a) and (b) of this section, which related to the
    establishment, membership, compensation, procedures, duties and
    powers of the Joint Federal-State Land Use Planning Commission for
    Alaska and authorized the Commission to identify public easements
    across selected lands in Alaska, were omitted pursuant to former
    subsec. (a)(10) of this section which provided that the Commission
    was to cease to exist effective June 30, 1979.

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a)(10). Pub. L. 94-204 extended the life of the
    Commission from Dec. 31, 1976 to June 30, 1979, directed the
    submission of multiple reports, with an interim report to be
    submitted on or before May 30, 1976, and extended from May 30, 1976
    to May 30, 1979 the date on or before which the final report shall
    be submitted.

-End-

-CITE-
    43 USC Sec. 1617                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1617. Revocation of Indian allotment authority in Alaska

-STATUTE-
    (a) Revocation of authority
      No Native covered by the provisions of this chapter, and no
    descendant of his, may hereafter avail himself of an allotment
    under the provisions of the Act of February 8, 1887 (24 Stat. 389),
    as amended and supplemented, or the Act of June 25, 1910 (36 Stat.
    363). Further, the Act of May 17, 1906 (34 Stat. 197), as amended,
    is repealed. Notwithstanding the foregoing provisions of this
    section, any application for an allotment that is pending before
    the Department of the Interior on December 18, 1971, may, at the
    option of the Native applicant, be approved and a patent issued in
    accordance with said 1887, 1910, or 1906 Act, as the case may be,
    in which event the Native shall not be eligible for a patent under
    section 1613(h)(5) of this title.
    (b) Charging allotment against statutory grant
      Any allotments approved pursuant to this section during the four
    years following December 18, 1971, shall be charged against the two
    million acre grant provided for in section 1613(h) of this title.
    (c) Relocation of allotment
      (1)(A) Notwithstanding any other provision of law, an allotment
    applicant, who had a valid application pending before the
    Department of the Interior on December 18, 1971, and whose
    application remains pending as of October 14, 1992, may amend the
    land description in the application of the applicant (with the
    advice and approval of the responsible officer of the Bureau of
    Indian Affairs) to describe land other than the land that the
    applicant originally intended to claim if - 
        (i) the application pending before the Department, either
      describes land selected by, tentatively approved to, or patented
      to the State of Alaska or otherwise conflicts with an interest in
      land granted to the State of Alaska by the United States prior to
      the filing of the allotment application;
        (ii) the amended land description describes land selected by,
      tentatively approved to, or patented to the State of Alaska of
      approximately equal acreage in substitution for the land
      described in the original application; and
        (iii) the Commissioner of the Department of Natural Resources
      for the State of Alaska, acting under the authority of State law,
      has agreed to reconvey or relinquish to the United States the
      land, or interest in land, described in the amended application.

      (B) If an application pending before the Department of the
    Interior as described in subparagraph (A) describes land selected
    by, but not tentatively approved to or patented to, the State of
    Alaska, the concurrence of the Secretary of the Interior shall be
    required in order for an application to proceed under this section.
      (2)(A) The Secretary shall accept reconveyance or relinquishment
    from the State of Alaska of the land described in an amended
    application pursuant to paragraph (1)(A), except where the land
    described in the amended application is State-owned land within the
    boundaries of a conservation system unit as defined in the Alaska
    National Interest Lands Conservation Act. Upon acceptance, the
    Secretary shall issue a Native Allotment certificate to the
    applicant for the land reconveyed or relinquished by the State of
    Alaska to the United States.
      (B) The Secretary shall adjust the computation of the acreage
    charged against the land entitlement of the State of Alaska to
    ensure that this subsection will not cause the State to receive
    either more or less than its full land entitlement under section 6
    of the Act entitled "An Act to provide for the admission of the
    State of Alaska into the Union", approved July 7, 1958 (commonly
    referred to as the "Alaska Statehood Act"), and section 906 of the
    Alaska National Interest Lands Conservation Act (43 U.S.C. 1635).
    If the State retains any part of the fee estate, the State shall
    remain charged with the acreage.
    (d) Correction of conveyance documents
      (1) If an allotment application is valid or would have been
    approved under section 1634 of this title had the land described in
    the application been in Federal ownership on December 2, 1980, the
    Secretary may correct a conveyance to a Native Corporation or to
    the State that includes land described in the allotment application
    to exclude the described allotment land with the written
    concurrence of the Native Corporation or the State.
      (2) A written concurrence shall - 
        (A) include a finding that the land description proposed by the
      Secretary is acceptable; and
        (B) attest that the Native Corporation or the State has not - 
          (i) granted any third party rights or taken any other action
        that would affect the ability of the United States to convey
        full title under the Act of May 17, 1906 (34 Stat. 197, chapter
        2469); and
          (ii) stored or allowed the deposit of hazardous waste on the
        land.

      (3) On receipt of an acceptable written concurrence, the
    Secretary, shall - 
        (A) issue a corrected conveyance document to the State or
      Native Corporation, as appropriate; and
        (B) issue a certificate of allotment to the allotment
      applicant.

      (4) No documents of reconveyance from the State or an Alaska
    Native Corporation or evidence of title, other than the written
    concurrence and attestation described in paragraph (2), are
    necessary to use the procedures authorized by this subsection.
    (e) Native allotment revisions on land selected by or conveyed to a
      Native Corporation
      (1) An allotment applicant who had an application pending before
    the Department of the Interior on December 18, 1971, and whose
    application is still open on the records of the Department of the
    Interior as of December 10, 2004, may revise the land description
    in the application to describe land other than the land that the
    applicant originally intended to claim if - 
        (A) the application - 
          (i) describes land selected by or conveyed by interim
        conveyance or patent to a Native Corporation formed to receive
        benefits under this chapter; or
          (ii) otherwise conflicts with an interest in land granted to
        a Native Corporation by the United States;

        (B) the revised land description describes land selected by or
      conveyed by interim conveyance or patent to a Native Corporation
      of approximately equal acreage in substitution for the land
      described in the original application;
        (C) the Director of the Bureau of Land Management has not
      adopted a final plan of survey for the final entitlement of the
      Native Corporation or its successor in interest; and
        (D) the Native Corporation that selected the land or its
      successor in interest provides a corporate resolution authorizing
      reconveyance or relinquishment to the United States of the land,
      or interest in land, described in the revised application.

      (2) The land description in an allotment application may not be
    revised under this section unless the Secretary has determined - 
        (A) that the allotment application is valid or would have been
      approved under section 1634 of this title had the land in the
      allotment application been in Federal ownership on December 2,
      1980;
        (B) in consultation with the administering agency, that the
      proposed revision would not create an isolated inholding within a
      conservation system unit (as defined in section 3102 of title
      16); and
        (C) that the proposed revision will facilitate completion of a
      land transfer in the State.

      (3)(A) On obtaining title evidence acceptable under Department of
    Justice title standards and acceptance of a reconveyance or
    relinquishment from a Native Corporation under paragraph (1), the
    Secretary shall issue a Native allotment certificate to the
    applicant for the land reconveyed or relinquished by the Native
    Corporation.
      (B) Any allotment revised under this section shall, when
    allotted, be made subject to any easement, trail, right-of-way, or
    any third-party interest (other than a fee interest) in existence
    on the revised allotment land on the date of revision.
    (f) Reinstatements and reconstructions
      (1) If an applicant for a Native allotment filed under the Act of
    May 17, 1906 (34 Stat. 197, chapter 2469) petitions the Secretary
    to reinstate a previously closed Native allotment application or to
    accept a reconstructed copy of an application claimed to have been
    timely filed with an agency of the Department of the Interior, the
    United States - 
        (A) may seek voluntary reconveyance of any land described in
      the application that is reinstated or reconstructed after
      December 10, 2004; but
        (B) shall not file an action in any court to recover title from
      a current landowner.

      (2) A certificate of allotment that is issued for any allotment
    application for which a request for reinstatement or reconstruction
    is received or accepted after December 10, 2004 shall be made
    subject to any Federal appropriation, trail, right-of-way,
    easement, or existing third party interest of record, including
    third party interests created by the State, without regard to the
    date on which the Native allotment applicant initiated use and
    occupancy.

-SOURCE-
    (Pub. L. 92-203, Sec. 18, Dec. 18, 1971, 85 Stat. 710; Pub. L. 102-
    415, Sec. 3, Oct. 14, 1992, 106 Stat. 2112; Pub. L. 108-452, title
    III, Secs. 301, 303, 305, Dec. 10, 2004, 118 Stat. 3587, 3588,
    3590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 8, 1887 (24 Stat. 389), referred to in subsec.
    (a), is popularly known as the Indian General Allotment Act. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 331 of Title 25, Indians, and Tables.
      Act of June 25, 1910 (36 Stat. 363), referred to in subsec. (a),
    probably means act June 25, 1910, ch. 431, 36 Stat. 855, which
    enacted section 148 of this title, sections 104 and 107 of former
    Title 18, Criminal Code and Criminal Procedure, sections 47, 93,
    151, 191, 202, 312, 331, 333, 336, 337, 344a, 351, 352, 353, 372,
    373, 403, 406, 407, 408 of Title 25, sections 6a-1 and 16a of Title
    41, Public Contracts. Sections 104 and 107 of former Title 18 were
    repealed in the general revision of that title by act June 25,
    1948, ch. 645, 62 Stat. 683, and were reenacted as sections 1853
    and 1856 of Title 18, Crimes and Criminal Procedure. For complete
    classification of this Act to the Code, see Tables.
      Act of May 17, 1906 (34 Stat. 197), as amended, referred to in
    subsecs. (a), (d)(2)(B)(i), and (f)(1), is act May 17, 1906, ch.
    2469, 34 Stat. 197, which enacted sections 270-1, 270-2, and 270-3
    of this title, and was repealed by Pub. L. 92-203, Sec. 18(a), Dec.
    18, 1971, 85 Stat. 710. For complete classification of this Act to
    the Code, see Tables.
      The Alaska National Interest Lands Conservation Act, referred to
    in subsec. (c)(2)(A), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.
      Section 6 of the Act entitled "An Act to provide for the
    admission of the State of Alaska into the Union", approved July 7,
    1958 (commonly referred to as the "Alaska Statehood Act"), referred
    to in subsec. (c)(2)(B), is section 6 of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, as amended, which is set out as a note
    preceding section 21 of Title 48, Territories and Insular
    Possessions.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-452, Sec. 301, added subsec. (d).
      Subsec. (e). Pub. L. 108-452, Sec. 303, added subsec. (e).
      Subsec. (f). Pub. L. 108-452, Sec. 305, added subsec. (f).
      1992 - Subsec. (c). Pub. L. 102-415 added subsec. (c).

                    TITLE RECOVERY OF NATIVE ALLOTMENTS                
      Pub. L. 108-452, title III, Sec. 302, Dec. 10, 2004, 118 Stat.
    3588, provided that:
      "(a) In General. - In lieu of the process for the correction of
    conveyance documents available under subsection (d) of section 18
    of the Alaska Native Claims Settlement Act (as added by section
    301) [43 U.S.C. 1617(d)], any Native Corporation may elect to
    reconvey all of the land encompassed by an allotment claim or a
    portion of the allotment claim agreeable to the applicant in
    satisfaction of the entire claim by tendering a valid and
    appropriate deed to the United States.
      "(b) Certificate of Allotment. - If the United States determines
    that the allotment application is valid or would have been approved
    under section 905 of the Alaska National Interests Lands
    Conservation Act (42 U.S.C. 1634) had the land described in the
    allotment application been in Federal ownership on December 2,
    1980, and obtains title evidence acceptable under the Department of
    Justice title standards, the United States shall accept the deed
    from the Native Corporation and issue a certificate of allotment to
    the allotment applicant.
      "(c) Probate Not Required. - If the Native Corporation reconveys
    the entire interest of the Native Corporation in the allotment
    claim of a deceased applicant, the United States may accept the
    deed and issue the certificate of allotment without waiting for a
    determination of heirs or the approval of a will.
      "(d) No Liability. - The United States shall not be subject to
    liability under Federal or State [of Alaska] law for the presence
    of any hazardous substance in land or an interest in land solely as
    a result of any reconveyance to, and transfer by, the United States
    of land or interests in land under this section."

                           COMPENSATORY ACREAGE                       
      Pub. L. 108-452, title III, Sec. 304, Dec. 10, 2004, 118 Stat.
    3589, provided that:
      "(a) In General. - The Secretary [of the Interior] shall adjust
    the acreage entitlement computation records for the State [of
    Alaska] or an affected Native Corporation to account for any
    difference in the amount of acreage between the corrected
    description and the previous description in any conveyance document
    as a result of actions taken under section 18(d) of the Alaska
    Native Claims Settlement Act (as added by section 301) [43 U.S.C.
    1617(d)] or section 18(e) of the Alaska Native Claims Settlement
    Act (as added by section 303), or for other voluntary reconveyances
    to the United States for the purpose of facilitating land transfers
    in the State.
      "(b) Limitation. - No adjustment to the acreage conveyance
    computations shall be made where the State or an affected Native
    Corporation retains a partial estate in the described allotment
    land.
      "(c) Availability of Additional Land. - If, as a result of
    implementation under section 18(d) of the Alaska Native Claims
    Settlement Act (as added by section 301) [43 U.S.C. 1617(d)] or any
    voluntary reconveyance to facilitate a land transfer, a Village
    Corporation has insufficient remaining selections from which to
    receive its full entitlement under the Alaska Native Claims
    Settlement Act, the Secretary may use the authority and procedures
    available under paragraph (3) of section 22(j) of the Alaska Native
    Claims Settlement Act (43 U.S.C. 1621(j)) (as added by section 208)
    to make additional land available for selection by the Village
    Corporation."

                    ALASKA NATIVE ALLOTMENT SUBDIVISION                
      Pub. L. 108-337, Oct. 18, 2004, 118 Stat. 1357, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Alaska Native Allotment
    Subdivision Act'.

      "SEC. 2. DEFINITIONS.
      "In this Act:
        "(1) Restricted land. - The term 'restricted land' means land
      in the State that is subject to Federal restrictions against
      alienation and taxation.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(3) State. - The term 'State' means the State of Alaska.

      "SEC. 3. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED
        LAND.
      "(a) In General. - An Alaska Native owner of restricted land may,
    subject to the approval of the Secretary - 
        "(1) subdivide the restricted land in accordance with the laws
      of the - 
          "(A) State; or
          "(B) applicable local platting authority; and
        "(2) execute a certificate of ownership and dedication with
      respect to the restricted land subdivided under paragraph (1)
      with the same effect under State law as if the restricted land
      subdivided and dedicated were held by unrestricted fee simple
      title.
      "(b) Ratification of Prior Subdivisions and Dedications. - Any
    subdivision or dedication of restricted land executed before the
    date of enactment of this Act [Oct. 18, 2004] that has been
    approved by the Secretary and by the relevant State or local
    platting authority, as appropriate, shall be considered to be
    ratified and confirmed by Congress as of the date on which the
    Secretary approved the subdivision or dedication.

      "SEC. 4. EFFECT ON STATUS OF LAND NOT DEDICATED.
      "Except in a case in which a specific interest in restricted land
    is dedicated under section 3(a)(2), nothing in this Act terminates,
    diminishes, or otherwise affects the continued existence and
    applicability of Federal restrictions against alienation and
    taxation on restricted land or interests in restricted land
    (including restricted land subdivided under section 3(a)(1))."

-End-

-CITE-
    43 USC Sec. 1618                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1618. Revocation of reserved rights; excepted reserve;
      acquisition of title to surface and subsurface estates in
      reserve; election of Village Corporations; restoration of land to
      Elim Native Corporation

-STATUTE-
    (a) Revocation of reserved rights; excepted reserve
      Notwithstanding any other provision of law, and except where
    inconsistent with the provisions of this chapter, the various
    reserves set aside by legislation or by Executive or Secretarial
    Order for Native use or for administration of Native affairs,
    including those created under section 497 of title 25, are hereby
    revoked subject to any valid existing rights of non-Natives. This
    section shall not apply to the Annette Island Reserve established
    by section 495 of title 25 and no person enrolled in the Metlakatla
    Indian community of the Annette Island Reserve shall be eligible
    for benefits under this chapter.
    (b) Acquisition of title to surface and subsurface estates in
      reserve; election of Village Corporations
      Notwithstanding any other provision of law or of this chapter,
    any Village Corporation or Corporations may elect within two years
    to acquire title to the surface and subsurface estates in any
    reserve set aside for the use or benefit of its stockholders or
    members prior to December 18, 1971. If two or more villages are
    located on such reserve, the election must be made by all of the
    members or stockholders of the Village Corporations concerned. In
    such event, the Secretary shall convey the land to the Village
    Corporation or Corporations, subject to valid existing rights as
    provided in section 1613(g) of this title, and the Village
    Corporation shall not be eligible for any other land selections
    under this chapter or to any distribution of Regional Corporations
    funds pursuant to section 1606 of this title, and the enrolled
    residents of the Village Corporation shall not be eligible to
    receive Regional Corporation stock.
    (c) Restoration of land to Elim Native Corporation
      (1) Findings
        The Congress finds that - 
          (A) approximately 350,000 acres of land were withdrawn by
        Executive orders in 1917 for the use of the United States
        Bureau of Education and of the Natives of Indigenous Alaskan
        race;
          (B) these lands comprised the Norton Bay Reservation (later
        referred to as Norton Bay Native Reserve) and were set aside
        for the benefit of the Native inhabitants of the Eskimo Village
        of Elim, Alaska;
          (C) in 1929, 50,000 acres of land were deleted from the
        Norton Bay Reservation by Executive order;
          (D) the lands were deleted from the Reservation for the
        benefit of others;
          (E) the deleted lands were not available to the Native
        inhabitants of Elim under subsection (b) of this section at the
        time of passage of this chapter;
          (F) the deletion of these lands has been and continues to be
        a source of deep concern to the indigenous people of Elim; and
          (G) until this matter is dealt with, it will continue to be a
        source of great frustration and sense of loss among the
        shareholders of the Elim Native Corporation and their
        descendants.
      (2) Withdrawal
        The lands depicted and designated "Withdrawal Area" on the map
      dated October 19, 1999, along with their legal descriptions, on
      file with the Bureau of Land Management, and entitled "Land
      Withdrawal Elim Native Corporation", are hereby withdrawn,
      subject to valid existing rights, from all forms of appropriation
      or disposition under the public land laws, including the mining
      and mineral leasing laws, for a period of 2 years from May 2,
      2000, for selection by the Elim Native Corporation (hereinafter
      referred to as "Elim").
      (3) Authority to select and convey
        Elim is authorized to select in accordance with the rules set
      out in this paragraph, 50,000 acres of land (hereinafter referred
      to as "Conveyance Lands") within the boundary of the Withdrawal
      Area described in paragraph (2). The Secretary is authorized and
      directed to convey to Elim in fee the surface and subsurface
      estates to 50,000 acres of valid selections in the Withdrawal
      Area, subject to the covenants, reservations, terms and
      conditions and other provisions of this subsection.
          (A) Elim shall have 2 years from May 2, 2000, in which to
        file its selection of no more than 60,000 acres of land from
        the area described in paragraph (2). The selection application
        shall be filed with the Bureau of Land Management, Alaska State
        Office, shall describe a single tract adjacent to United States
        Survey No. 2548, Alaska, and shall be reasonably compact,
        contiguous, and in whole sections except when separated by
        unavailable land or when the remaining entitlement is less than
        a whole section. Elim shall prioritize its selections made
        pursuant to this subsection at the time such selections are
        filed, and such prioritization shall be irrevocable. Any lands
        selected shall remain withdrawn until conveyed or full
        entitlement has been achieved.
          (B) The selection filed by Elim pursuant to this subsection
        shall be subject to valid existing rights and may not supercede
        prior selections of the State of Alaska, any Native
        corporation, or valid entries of any private individual unless
        such selection or entry is relinquished, rejected, or abandoned
        prior to conveyance to Elim.
          (C) Upon receipt of the Conveyance Lands, Elim shall have all
        legal rights and privileges as landowner, subject only to the
        covenants, reservations, terms and conditions specified in this
        subsection.
          (D) Selection by Elim of lands under this subsection and
        final conveyance of those lands to Elim shall constitute full
        satisfaction of any claim of entitlement of Elim with respect
        to its land entitlement.
      (4) Covenants, reservations, terms and conditions
        The covenants, reservations, terms and conditions set forth in
      this paragraph and in paragraphs (5) and (6) with respect to the
      Conveyance Lands shall run with the land and shall be
      incorporated into the interim conveyance, if any, and patent
      conveying the lands to Elim.
          (A) Consistent with paragraph (3)(C) and subject to the
        applicable covenants, reservations, terms and conditions
        contained in this paragraph and paragraphs (5) and (6), Elim
        shall have all rights to the timber resources of the Conveyance
        Lands for any use including, but not limited to, construction
        of homes, cabins, for firewood and other domestic uses on any
        Elim lands: Provided, That cutting and removal of Merchantable
        Timber from the Conveyance Lands for sale shall not be
        permitted: Provided further, That Elim shall not construct
        roads and related infrastructure for the support of such
        cutting and removal of timber for sale or permit others to do
        so. "Merchantable Timber" means timber that can be harvested
        and marketed by a prudent operator.
          (B) Public Land Order 5563 of December 16, 1975, which made
        hot or medicinal springs available to other Native Corporations
        for selection and conveyance, is hereby modified to the extent
        necessary to permit the selection by Elim of the lands
        heretofore encompassed in any withdrawal of hot or medicinal
        springs and is withdrawn pursuant to this subsection. The
        Secretary is authorized and directed to convey such selections
        of hot or medicinal springs (hereinafter referred to as "hot
        springs") subject to applicable covenants, reservations, terms
        and conditions contained in paragraphs (5) and (6).
          (C) Should Elim select and have conveyed to it lands
        encompassing portions of the Tubutulik River or Clear Creek, or
        both, Elim shall not permit surface occupancy or knowingly
        permit any other activity on those portions of land lying
        within the bed of or within 300 feet of the ordinary high
        waterline of either or both of these water courses for purposes
        associated with mineral or other development or activity if
        they would cause or are likely to cause erosion or siltation of
        either water course to an extent that would significantly
        adversely impact water quality or fish habitat.
      (5) Rights retained by the United States
        With respect to conveyances authorized in paragraph (3), the
      following rights are retained by the United States:
          (A) To enter upon the conveyance lands, after providing
        reasonable advance notice in writing to Elim and after
        providing Elim with an opportunity to have a representative
        present upon such entry, in order to achieve the purpose and
        enforce the terms of this paragraph and paragraphs (4) and (6).
          (B) To have, in addition to such rights held by Elim, all
        rights and remedies available against persons, jointly or
        severally, who cut or remove Merchantable Timber for sale.
          (C) In cooperation with Elim, the right, but not the
        obligation, to reforest in the event previously existing
        Merchantable Timber is destroyed by fire, wind, insects,
        disease, or other similar manmade or natural occurrence
        (excluding manmade occurrences resulting from the exercise by
        Elim of its lawful rights to use the Conveyance Lands).
          (D) The right of ingress and egress over easements under
        section 1616(b) (!1) of this title for the public to visit, for
        noncommercial purposes, hot springs located on the Conveyance
        Lands and to use any part of the hot springs that is not
        commercially developed.

          (E) The right to enter upon the lands containing hot springs
        for the purpose of conducting scientific research on such hot
        springs and to use the results of such research without
        compensation to Elim. Elim shall have an equal right to conduct
        research on the hot springs and to use the results of such
        research without compensation to the United States.
          (F) A covenant that commercial development of the hot springs
        by Elim or its successors, assigns, or grantees shall include
        the right to develop only a maximum of 15 percent of the hot
        springs and any land within  1/4  mile of the hot springs. Such
        commercial development shall not alter the natural hydrologic
        or thermal system associated with the hot springs. Not less
        than 85 percent of the lands within  1/4  mile of the hot
        springs shall be left in their natural state.
          (G) The right to exercise prosecutorial discretion in the
        enforcement of any covenant, reservation, term or condition
        shall not waive the right to enforce any covenant, reservation,
        term or condition.
      (6) General
        (A) Memorandum of Understanding
          The Secretary and Elim shall, acting in good faith, enter
        into a Memorandum of Understanding (hereinafter referred to as
        the "MOU") to implement the provisions of this subsection. The
        MOU shall include among its provisions reasonable measures to
        protect plants and animals in the hot springs on the Conveyance
        Lands and on the land within  1/4  mile of the hot springs. The
        parties shall agree to meet periodically to review the matters
        contained in the MOU and to exercise their right to amend,
        replace, or extend the MOU. Such reviews shall include the
        authority to relocate any of the easements set forth in
        subparagraph (D) if the parties deem it advisable.
        (B) Incorporation of terms
          Elim shall incorporate the covenants, reservations, terms and
        conditions, in this subsection in any deed or other legal
        instrument by which it divests itself of any interest in all or
        a portion of the Conveyance Lands, including without
        limitation, a leasehold interest.
        (C) Section 1616(b) easements
          The Bureau of Land Management, in consultation with Elim,
        shall reserve in the conveyance to Elim easements to the United
        States pursuant to subsection (!2) 1616(b) (!1) of this title
        that are not in conflict with other easements specified in this
        paragraph.

        (D) Other easements
          The Bureau of Land Management, in consultation with Elim,
        shall reserve easements which shall include the right of the
        public to enter upon and travel along the Tubutulik River and
        Clear Creek within the Conveyance Lands. Such easements shall
        also include easements for trails confined to foot travel
        along, and which may be established along each bank of, the
        Tubutulik River and Clear Creek. Such trails shall be 25 feet
        wide and upland of the ordinary high waterline of the water
        courses. The trails may deviate from the banks as necessary to
        go around man-made or natural obstructions or to portage around
        hazardous stretches of water. The easements shall also include
        one-acre sites along the water courses at reasonable intervals,
        selected in consultation with Elim, which may be used to launch
        or take out water craft from the water courses and to camp in
        non-permanent structures for a period not to exceed 24 hours
        without the consent of Elim.
        (E) Inholders
          The owners of lands held within the exterior boundaries of
        lands conveyed to Elim shall have all rights of ingress and
        egress to be vested in the inholder and the inholder's agents,
        employees, co-venturers, licensees, subsequent grantees, or
        invitees, and such easements shall be reserved in the
        conveyance to Elim. The inholder may not exercise the right of
        ingress and egress in a manner that may result in substantial
        damage to the surface of the lands or make any permanent
        improvements on Conveyance Lands without the prior consent of
        Elim.
        (F) Iditarod trail
          The Bureau of Land Management may reserve an easement for the
        Iditarod National Historic Trail in the conveyance to Elim.
      (7) Implementation
        There are authorized to be appropriated such sums as may be
      necessary to implement this subsection.

-SOURCE-
    (Pub. L. 92-203, Sec. 19, Dec. 18, 1971, 85 Stat. 710; Pub. L. 106-
    194, Sec. 1, May 2, 2000, 114 Stat. 239.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The time of passage of this chapter, referred to in subsec.
    (c)(1)(E), probably means the date of enactment of Pub. L. 92-203,
    which was approved Dec. 18, 1971.
      The public land laws, referred to in subsec. (c)(2), are
    classified generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (c)(2), are classified generally to Title 30, Mineral Lands
    and Mining.
      Section 1616(b) of this title, referred to in subsec. (c)(5)(D),
    (6)(C) was omitted from the Code.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c). Pub. L. 106-194 added subsec. (c).

    GRANTS TO NATIVE GROUP CORPORATIONS FOR PLANNING, DEVELOPMENT, AND
                              OTHER PURPOSES
      Pub. L. 96-487, title XIV, Sec. 1413, Dec. 2, 1980, 94 Stat.
    2498, provided that: "The Secretary shall pay by grant to each of
    the Native Group Corporations established pursuant to section
    14(h)(2) of the Alaska Native Claims Settlement Act [section
    1613(h)(2) of this title] and finally certified as a Native Group,
    an amount not more than $100,000 or less than $50,000 adjusted
    according to population of each Group. Funds authorized under this
    section may be used only for planning, development, and other
    purposes for which the Native Group Corporations are organized
    under the Settlement Act [this chapter]."

    GRANTS TO VILLAGE CORPORATIONS FOR PLANNING, DEVELOPMENT AND OTHER
                                 PURPOSES
      Pub. L. 94-204, Sec. 14, Jan. 2, 1976, 89 Stat. 1154, provided
    that:
      "(a) The Secretary shall pay, by grant, $250,000 to each of the
    corporations established pursuant to section 14(h)(3) of the
    Settlement Act [section 1613(h)(3) of this title].
      "(b) The Secretary shall pay, by grant, $100,000 to each of the
    following Village Corporations:
        "(1) Arctic Village;
        "(2) Elim;
        "(3) Gambell;
        "(4) Savoonga;
        "(5) Tetlin; and
        "(6) Venetie.
      "(c) Funds authorized under this section may be used only for
    planning, development, and other purposes for which the
    corporations set forth in subsections (a) and (b) are organized
    under the Settlement Act [this chapter].
      "(d) There is authorized to be appropriated to the Secretary for
    the purpose of this section a sum of $1,600,000 in fiscal year
    1976."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "section".

-End-

-CITE-
    43 USC Sec. 1619                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1619. Attorney and consultant fees

-STATUTE-
    (a) Holding moneys in Fund for authorized payments
      The Secretary of the Treasury shall hold in the Alaska Native
    Fund, from the appropriation made pursuant to section 1605 of this
    title for the second fiscal year, moneys sufficient to make the
    payments authorized by this section.
    (b) Claims; submission
      A claim for attorney and consultant fees and out-of-pocket
    expenses may be submitted to the Chief Commissioner of the United
    States Court of Claims for services rendered before December 18,
    1971, to any Native tribe, band, group, village, or association in
    connection with:
        (1) the preparation of this chapter and previously proposed
      Federal legislation to settle Native claims based on aboriginal
      title, and
        (2) the actual prosecution pursuant to an authorized contract
      or a cause of action based upon a claim pending before any
      Federal or State Court or the Indians Claims Commission that is
      dismissed pursuant to this chapter.
    (c) Final date for filing of claims; form; information
      A claim under this section must be filed with the clerk of the
    Court of Claims within one year from December 18, 1971, and shall
    be in such form and contain such information as the Chief
    Commissioner shall prescribe. Claims not so filed shall be forever
    barred.
    (d) Rules for receipt, determination, and settlement of claims
      The Chief Commissioner or his delegate is authorized to receive,
    determine, and settle such claims in accordance with the following
    rules:
      (1) No claim shall be allowed if the claimant has otherwise been
    reimbursed.
      (2) The amount allowed for services shall be based on the nature
    of the service rendered, the time and labor required, the need for
    providing the service, whether the service was intended to be a
    voluntary public service or compensable, the existence of a bona
    fide attorney-client relationship with an identified client, and
    the relationship of the service rendered to the enactment of
    proposed legislation. The amount allowed shall not be controlled by
    any hourly charge customarily charged by the claimant.
      (3) The amount allowed for out-of-pocket expenses shall not
    include office overhead, and shall be limited to expenses that were
    necessary, reasonable, unreimbursed and actually incurred.
      (4) The amounts allowed for services rendered shall not exceed in
    the aggregate $2,000,000, of which not more than $100,000 shall be
    available for the payment of consultants' fees. If the approved
    claims exceed the aggregate amounts allowable, the Chief
    Commissioner shall authorize payment of the claims on a pro rata
    basis.
      (5) Upon the filing of a claim, the clerk of the Court of Claims
    shall forward a copy of such claims to the individuals or entities
    on whose behalf services were rendered or fees and expenses were
    allegedly incurred, as shown by the pleadings, to the Attorney
    General of the United States, to the Attorney General of the State
    of Alaska, to the Secretary of the Interior, and to any other
    person who appears to have an interest in the claim, and shall give
    such persons ninety days within which to file an answer contesting
    the claim.
      (6) The Chief Commissioner may designate a trial commissioner for
    any claim made under this section and a panel of three
    commissioners of the court to serve as a reviewing body. One member
    of the review panel shall be designated as presiding commissioner
    of the panel.
      (7) Proceedings in all claims shall be pursuant to rules and
    orders prescribed for the purpose by the Chief Commissioner who is
    hereby authorized and directed to require the application of the
    pertinent rules of practice of the Court of Claims insofar as
    feasible. Claimants may appear before a trial commissioner in
    person or by attorney, and may produce evidence and examine
    witnesses. In the discretion of the Chief Commissioner or his
    designate, hearings may be held in the localities where the
    claimants reside if convenience so demands.
      (8) Each trial commissioner and each review panel shall have
    authority to do and perform any acts which may be necessary or
    proper for the efficient performance of their duties, and shall
    have the power of subpena, the power to order audit of books and
    records, and the power to administer oaths and affirmations. Any
    sanction authorized by the rules of practice of the Court of
    Claims, except contempt, may be imposed on any claimant, witness,
    or attorney by the trial commissioner, review panel, or Chief
    Commissioner. None of the rules, regulations, rulings, findings, or
    conclusions authorized by this section shall be subject to judicial
    review.
      (9) The findings and conclusions of the trial commissioner shall
    be submitted by him, together with the record in the case, to the
    review panel of commissioners for review by it pursuant to such
    rules as may be provided for the purpose, which shall include
    provision for submitting the decision of the trial commissioner to
    the claimant and any party contesting the claim for consideration,
    exception, and argument before the panel. The panel, by majority
    vote, shall adopt or modify the findings or the conclusions of the
    trial commissioner.
      (10) The Court of Claims is hereby authorized and directed, under
    such conditions as it may prescribe, to provide the facilities and
    services of the office of the clerk of the court for the filing,
    processing, hearing, and dispatch of claims made pursuant to this
    section and to include within its annual appropriations the costs
    thereof and other costs of administration, including (but without
    limitation to the items herein listed) the salaries and traveling
    expenses of its auditors and the commissioners serving as trial
    commissioners and panel members, mailing and service of process,
    necessary physical facilities, equipment, and supplies, and
    personnel (including secretaries, reporters, auditors, and law
    clerks).
    (e) Report to Congress; payment of claims; interest restriction
      The Chief Commissioner shall certify to the Secretary of the
    Treasury, and report to the Congress, the amount of each claim
    allowed and the name and address of the claimant. The Secretary of
    the Treasury shall pay to such person from the Alaska Native Fund
    the amounts certified. No award under this section shall bear
    interest.
    (f) Contract restriction; penalty
      (1) No remuneration on account of any services or expenses for
    which a claim is made or could be made pursuant to this section
    shall be received by any person for such services and expenses in
    addition to the amount paid in accordance with this section, and
    any contract or agreement to the contrary shall be void.
      (2) Any person who receives, and any corporation or association
    official who pays, on account of such services and expenses, any
    remuneration in addition to the amount allowed in accordance with
    this section shall be guilty of a misdemeanor and, upon conviction
    thereof, shall be fined not more than $5,000, or imprisoned not
    more than twelve months, or both.
    (g) Claims for costs in performance of certain services:
      submission, form, information, reasonableness, pro rata
      reductions; report to Congress; payment of claims; interest
      restriction
      A claim for actual costs incurred in filing protests, preserving
    land claims, advancing land claims settlement legislation, and
    presenting testimony to the Congress on proposed Native land claims
    may be submitted to the Chief Commissioner of the Court of Claims
    by any bona fide association of Natives. The claim must be
    submitted within six months from December 18, 1971, and shall be in
    such form and contain such information as the Chief Commissioner
    shall prescribe. The Chief Commissioner shall allow such amounts as
    he determines are reasonable, but he shall allow no amount for
    attorney and consultant fees and expenses which shall be
    compensable solely under subsection (b) through (e) of this
    section. If approved claims under this subsection aggregate more
    than $600,000, each claim shall be reduced on a pro rata basis. The
    Chief Commissioner shall certify to the Secretary of the Treasury,
    and report to the Congress, the amount of each claim allowed and
    the name and address of the claimant. The Secretary of the Treasury
    shall pay to such claimant from the Alaska Native Fund the amount
    certified. No award under this subsection shall bear interest.

-SOURCE-
    (Pub. L. 92-203, Sec. 20, Dec. 18, 1971, 85 Stat. 710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Court of Claims, referred to in subsecs. (b),
    (c), (d)(5), (7), (8), (10), and (g), and the United States Court
    of Customs and Patent Appeals were merged effective Oct. 1, 1982,
    into a new United States Court of Appeals for the Federal Circuit
    by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.

-CHANGE-
                              CHANGE OF NAME                          
      "Chief Commissioner" and "trial commissioner" of the Court of
    Claims redesignated "chief of the trial division" and "trial
    judge", respectively, by General Order No. 2 of 1973 of United
    States Court of Claims, issued August 1, 1973. Redesignation
    applicable in all proceedings other than Congressional references
    cases.

-End-

-CITE-
    43 USC Sec. 1620                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1620. Taxation

-STATUTE-
    (a) Fund revenues exemption; investment income taxable
      Revenues originating from the Alaska Native Fund shall not be
    subject to any form of Federal, State, or local taxation at the
    time of receipt by a Regional Corporation, Village Corporation, or
    individual Native through dividend distributions (even if the
    Regional Corporation or Village Corporation distributing the
    dividend has not segregated revenue received from the Alaska Native
    Fund from revenue received from other sources) or in any other
    manner. This exemption shall not apply to income from the
    investment of such revenues.
    (b) Shares of stock exemption
      The receipt of shares of stock in the Regional or Village
    Corporations by or on behalf of any Native shall not be subject to
    any form of Federal, State or local taxation.
    (c) Land or land interests exemption; basis for sale or other
      disposition, adjustment; basis for interest in mine, well, other
      natural deposit, or block of timber, adjustment
      The receipt of land or any interest therein pursuant to this
    chapter or of cash in order to equalize the values of properties
    exchanged pursuant to section 1621(f) of this title shall not be
    subject to any form of Federal, State, or local taxation. The basis
    for determining gain or loss from the sale or other disposition of
    such land or interest in land for purposes of any Federal, State,
    or local tax imposed on or measured by income shall be the fair
    value of such land or interest in land at the time of receipt,
    adjusted as provided in section 1016 of title 26, as amended:
    Provided, however, That the basis of any such land or interest
    therein attributable to an interest in a mine, well, other natural
    deposit, or block of timber shall be not less than the fair value
    of such mine, well, natural deposit, or block of timber (or such
    interest therein as the Secretary shall convey) at the time of the
    first commercial development thereof, adjusted as provided in
    section 1016 of title 26. For purposes of this subsection, the time
    of receipt of land or any interest therein shall be the time of the
    conveyance by the Secretary of such land or interest (whether by
    interim conveyance or patent).
    (d) Real property interests; exemption period for conveyance of
      interests not developed or leased or interests used solely for
      exploration, interests taxable; derivative revenues taxable;
      exchanges; simultaneous exchanges
      (1) Real property interests conveyed, pursuant to this chapter,
    to a Native individual, Native Group, Village or Regional
    Corporation or corporation established pursuant to section
    1613(h)(3) of this title which are not developed or leased to third
    parties or which are used solely for the purposes of exploration
    shall be exempt from State and local real property taxes for a
    period of twenty years from the vesting of title pursuant to the
    Alaska National Interest Lands Conservation Act or the date of
    issuance of an interim conveyance or patent, whichever is earlier,
    for those interests to such individual, group, or corporation:
    Provided, That municipal taxes, local real property taxes, or local
    assessments may be imposed upon any portion of such interest within
    the jurisdiction of any governmental unit under the laws of the
    State which is leased or developed for purposes other than
    exploration for so long as such portion is leased or being
    developed: Provided further, That easements, rights-of-way,
    leaseholds, and similar interests in such real property may be
    taxed in accordance with State or local law. All rents, royalties,
    profits, and other revenues or proceeds derived from such property
    interests shall be taxable to the same extent as such revenues or
    proceeds are taxable when received by a non-Native individual or
    corporation.
      (2) Any real property interest, not developed or leased to third
    parties, acquired by a Native individual, Native Group, Village or
    Regional Corporation, or corporation established pursuant to
    section 1613(h)(3) of this title in exchange for real property
    interests which are exempt from taxation pursuant to paragraph (1)
    of this subsection shall be deemed to be a property interest
    conveyed pursuant to this chapter and shall be exempt from taxation
    as if conveyed pursuant to this chapter, when such an exchange is
    made with the Federal Government, the State government, a municipal
    government, or another Native Corporation, or, if neither party to
    the exchange receives a cash value greater than 25 per centum of
    the value of the land exchanged, a private party. In the event that
    a Native Corporation simultaneously exchanges two or more tracts of
    land having different periods of tax exemption pursuant to this
    subsection, the periods of tax exemption for the exchanged lands
    received by such Native Corporation shall be determined (A) by
    calculating the percentage that the acreage of each tract given up
    bears to the total acreage given up, and (B) by applying such
    percentages and the related periods of tax exemption to the acreage
    received in exchange.
    (e) Public lands status of real property interests exempt from real
      estate taxes for purposes of Federal highway and education laws;
      Federal fire protection services for real property interests
      without cost
      Real property interests conveyed pursuant to this chapter to a
    Native individual, Native group, corporation organized under
    section 1613(h)(3) of this title, or Village or Regional
    Corporation shall, so long as the fee therein remains not subject
    to State or local taxes on real estate, continue to be regarded as
    public lands for the purpose of computing the Federal share of any
    highway project pursuant to title 23, as amended and supplemented,
    for the purpose of the Johnson-O'Malley Act of April 16, 1934, as
    amended (25 U.S.C. 452), and for the purpose of Public Laws 815 and
    874, 81st Congress (64 Stat. 967, 1100). So long as there are no
    substantial revenues from such lands they shall continue to receive
    wildland fire protection services from the United States at no
    cost.
    (f) Stocks of Regional and Village Corporations exempt from estate
      taxes; period of exemption
      Until January 1, 1992, stock of any Regional Corporation
    organized pursuant to section 1606 of this title, including the
    right to receive distributions under subsection 1606(j) of this
    title, and stock of any Village Corporation organized pursuant to
    section 1607 of this title shall not be includable in the gross
    estate of a decedent under sections 2031 and 2033, or any successor
    provisions, of title 26.
    (g) Resource information or analysis; professional or technical
      services
      In the case of any Native Corporation established pursuant to
    this chapter, income for purposes of any form of Federal, State, or
    local taxation shall not be deemed to include the value of - 
        (1) the receipt, acquisition, or use of any resource
      information or analysis (including the receipt of any right of
      access to such information or analysis) relating to lands or
      interests therein conveyed, selected but not conveyed, or
      available for selection pursuant to this chapter;
        (2) the promise or performance by any person or by any Federal,
      State, or local government agency of any professional or
      technical services relating to the resources of lands or
      interests therein conveyed, selected but not conveyed, or
      available for selection pursuant to this chapter, including, but
      not limited to, services in connection with exploration on such
      lands for oil, gas, or other minerals; and
        (3) the expenditure of funds, incurring of costs, or the use of
      any equipment or supplies by any person or any Federal, State, or
      local government agency, or any promise, agreement, or other
      arrangement by such person or agency to expend funds or use any
      equipment or supplies for the purpose of creating, developing, or
      acquiring the resource information or analysis described in
      paragraph (1) or for the purpose of performing or otherwise
      furnishing the services described in paragraph (2): Provided,
      That this paragraph shall not apply to any funds paid to a Native
      Corporation established pursuant to this chapter or to any
      subsidiary thereof.

    This subsection shall be effective as of December 18, 1971, and,
    with respect to each Native Corporation, shall remain in full force
    and effect for a period of twenty years thereafter or until the
    Corporation has received conveyance of its full land entitlement,
    whichever first occurs. Except as set forth in this subsection and
    in subsection (d) of this section all rents, royalties, profits,
    and other revenues or proceeds derived from real property interests
    selected and conveyed pursuant to sections 1611 and 1613 of this
    title shall be taxable to the same extent as such revenues or
    proceeds are taxable when received by a non-Native individual or
    corporation.
    (h) Date of incorporation as date of trade or business; ordinary
      and necessary expenses
      (1) Notwithstanding any other provision of law, each Native
    Corporation established pursuant to this chapter shall be deemed to
    have become engaged in carrying on a trade or business as of the
    date it was incorporated for purposes of any form of Federal,
    State, or local taxation.
      (2) All expenses heretofore or hereafter paid or incurred by a
    Native Corporation established pursuant to this chapter in
    connection with the selection or conveyance of lands pursuant to
    this chapter, or in assisting another Native Corporation within or
    for the same region in the selection or conveyance of lands under
    this chapter, shall be deemed to be or to have been ordinary and
    necessary expenses of such Corporation, paid or incurred in
    carrying on a trade or business for purposes of any form of
    Federal, State, or local taxation.
    (i) Personal Holding Company Act exemption
      No Corporation created pursuant to this chapter shall be
    considered to be a personal holding company within the meaning of
    section 542(a) of title 26 prior to January 1, 1992.
    (j) Shareholder homesites
      A real property interest distributed by a Native Corporation to a
    shareholder of such Corporation pursuant to a program to provide
    homesites to its shareholders, shall be deemed conveyed and
    received pursuant to this chapter: Provided, That alienability of
    the Settlement Common Stock of the Corporation has not been
    terminated pursuant to section 1629c of this title: Provided
    further, That the land received is restricted by covenant for a
    period not less than ten years to single-family (including
    traditional extended family customs) residential occupancy, and by
    such other covenants and retained interests as the Native
    Corporation deems appropriate: Provided further, That the land
    conveyed does not exceed one and one-half acres: Provided further,
    That if the shareholder receiving the homesite subdivides such
    homesite, he or she shall pay all Federal, State, and local taxes
    that would have been incurred but for this subsection together with
    simple interest at 6 per centum per annum calculated from the date
    of receipt of the homesite, including taxes or assessments for the
    provision of road access and water and sewage facilities by the
    conveying corporation or the shareholder.

-SOURCE-
    (Pub. L. 92-203, Sec. 21, Dec. 18, 1971, 85 Stat. 713; Pub. L. 94-
    204, Sec. 13, Jan. 2, 1976, 89 Stat. 1154; Pub. L. 95-600, title
    V, Sec. 541, Nov. 6, 1978, 92 Stat. 2887; Pub. L. 96-487, title IX,
    Sec. 904, title XIV, Secs. 1407-1409, Dec. 2, 1980, 94 Stat. 2434,
    2495, 2496; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
    Pub. L. 100-241, Sec. 12(b), Feb. 3, 1988, 101 Stat. 1810; Pub. L.
    102-415, Sec. 5, Oct. 14, 1992, 106 Stat. 2113.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska National Interest Lands Conservation Act, referred to
    in subsec. (d)(1), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371,
    as amended. For complete classification of this Act to the Code,
    see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.
      The Johnson-O'Malley Act of April 16, 1934, as amended (25 U.S.C.
    452), referred to in subsec. (e), is act Apr. 16, 1934, ch. 147, 48
    Stat. 596, as amended, which is classified to sections 452 et seq.,
    of Title 25, Indians. For complete classification of this Act to
    the Code, see Short Title note set out under section 452 of Title
    25 and Tables.
      Public Law 815, 81st Congress (64 Stat. 967), referred to in
    subsec. (e), is act Sept. 23, 1950, ch. 995, as amended generally
    by Pub. L. 85-620, title I, Sec. 101, Aug. 12, 1958, 72 Stat. 548,
    which was classified generally to chapter 19 (Sec. 631 et seq.) of
    Title 20, Education, prior to repeal by Pub. L. 103-382, title III,
    Sec. 331(a), Oct. 20, 1994, 108 Stat. 3965. For complete
    classification of this Act to the Code, see Tables.
      Public Law 874, 81st Congress (64 Stat. 1100), referred to in
    subsec. (e), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as
    amended, popularly known as the Educational Agencies Financial Aid
    Act, which was classified generally to chapter 13 (Sec. 236 et
    seq.) of Title 20, prior to repeal by Pub. L. 103-382, title III,
    Sec. 331(b), Oct. 20, 1994, 108 Stat. 3965. For complete
    classification of this Act to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (j). Pub. L. 102-415 struck out "prior to December
    18, 1991," after "A real property interest distributed" and
    substituted "Provided, That alienability of the Settlement Common
    Stock of the Corporation has not been terminated pursuant to
    section 1629c of this title: Provided further, That" for "Provided,
    That".
      1988 - Subsec. (a). Pub. L. 100-241, Sec. 12(b)(1), inserted
    "(even if the Regional Corporation or Village Corporation
    distributing the dividend has not segregated revenue received from
    the Alaska Native Fund from revenue received from other sources)"
    after "distributions".
      Subsec. (j). Pub. L. 100-241, Sec. 12(b)(2), (3), substituted
    "Native Corporation" for "Village Corporation" in two places and
    "That if the shareholder receiving the homesite subdivides such
    homesite, he or she shall pay all Federal, State, and local taxes
    that would have been incurred but for this subsection together with
    simple interest at 6 per centum per annum calculated from the date
    of receipt of the homesite, including taxes or assessments for the
    provision of road access and water and sewage facilities by the
    conveying corporation or the shareholder." for "That the
    shareholder receiving the homesite, if the shareholder subdivides
    the land received, shall pay all Federal, State, and local taxes
    which would have been incurred but for this subsection, together
    with simple interest at six percent per annum calculated from the
    date of receipt of the land to be paid to the appropriate taxing
    authority."
      1986 - Subsecs. (c), (i). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.
      1980 - Subsec. (c). Pub. L. 96-487, Sec. 1408, inserted provision
    requiring that fair value of such land or interest in land at time
    of receipt be adjusted as provided in section 1016 of title 26 and
    proviso defining the basis of any such land attributable to an
    interest in a mine, well, other natural deposit, or block of
    timber.
      Subsec. (d). Pub. L. 96-487, Sec. 904, designated existing
    provision as par. (1), substituted "Regional Corporation or
    corporation established pursuant to section 1613(h)(3) of this
    title" for "Regional Corporation", "third parties or which are used
    solely for the purposes of exploration shall" for "third parties
    shall", "from the vesting of title pursuant to the Alaska National
    Interest Lands Conservation Act or the date of issuance of an
    interim conveyance or patent, whichever is earlier, for those
    interests to such individual, group, or corporation" for "after
    December 18, 1971", and "any portion of such interest" for "leased
    or developed real property" and inserted "which is leased or
    developed for purposes other than exploration for so long as such
    portion is leased or being developed" after "laws of the State",
    and added par. (2).
      Subsec. (e). Pub. L. 96-487, Sec. 1409, substituted "Native
    Group, corporation organized under section 1613(h)(3) of this
    title, or Village" for "Native Group, or Village", "(64 Stat. 967,
    1100). So long as there are no substantial" for "(64 Stat. 967,
    1100), and so long as there are also no substantial", and "such
    lands they shall continue to receive wildland fire" for "such
    lands, continue to receive forest fire".
      Subsec. (j). Pub. L. 96-487, Sec. 1407, added subsec. (j).
      1978 - Subsecs. (g) to (i). Pub. L. 95-600 added subsecs. (g) to
    (i).
      1976 - Subsec. (f). Pub. L. 94-204 added subsec. (f).

-End-

-CITE-
    43 USC Sec. 1621                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1621. Miscellaneous provisions

-STATUTE-
    (a) Contract restrictions; percentage fee; enforcement; liens,
      executions, or judgments
      None of the revenues granted by section 1605 of this title, and
    none of the lands granted by this chapter to the Regional and
    Village Corporation and to Native groups and individuals shall be
    subject to any contract which is based on a percentage fee of the
    value of all or some portion of the settlement granted by this
    chapter. Any such contract shall not be enforceable against any
    Native as defined by this chapter or any Regional or Village
    Corporation and the revenues and lands granted by this chapter
    shall not be subject to lien, execution or judgment to fulfill such
    a contract.
    (b) Patents for homesteads, headquarters sites, trade and
      manufacturing sites, or small tract sites; use and occupancy
      protection
      The Secretary is directed to promptly issue patents to all
    persons who have made a lawful entry on the public lands in
    compliance with the public land laws for the purpose of gaining
    title to homesteads, headquarters sites, trade and manufacturing
    sites, or small tract sites (43 U.S.C. 682 (!1)), and who have
    fulfilled all requirements of the law prerequisite to obtaining a
    patent. Any person who has made a lawful entry prior to August 31,
    1971, for any of the foregoing purposes shall be protected in his
    right of use and occupancy until all the requirements of law for a
    patent have been met even though the lands involved have been
    reserved or withdrawn in accordance with Public Land Order 4582, as
    amended, or the withdrawal provisions of this chapter: Provided,
    That occupancy must have been maintained in accordance with the
    appropriate public land law: Provided further, That any person who
    entered on public lands in violation of Public Land Order 4582, as
    amended, shall gain no rights.

    (c) Mining claims; possessory rights, protection
      (1) On any lands conveyed to Village and Regional Corporations,
    any person who prior to August 31, 1971, initiated a valid mining
    claim or location under the general mining laws and recorded notice
    of said location with the appropriate State or local office shall
    be protected in his possessory rights, if all requirements of the
    general mining laws are complied with, for a period of five years
    and may, if all requirements of the general mining laws are
    complied with, proceed to patent.
      (2)(A)(i) Subject to valid existing rights, an unpatented mining
    claim or location, or portion thereof, under the general mining
    laws that is situated outside the boundaries of a conservation
    system unit (as such term is defined in the Alaska National
    Interest Lands Conservation Act) and within the exterior boundaries
    of lands validly selected by a Village or Regional Corporation
    pursuant to section 1611 of this title or section 1613(h) of this
    title and that lapses, is abandoned, relinquished, or terminated,
    declared null and void, or otherwise expires, after August 31,
    1971, because of failure to comply with requirements of the general
    mining laws (including the mining laws of the State of Alaska), is
    deemed to be null and void for the purposes of this paragraph. The
    Secretary shall promptly determine the validity of such claims or
    locations within conservation system units.
      (ii) Subject to valid existing rights and to subparagraph (B),
    the lands outside a conservation system unit included in a mining
    claim or location described in clause (i) shall - 
        (I) be considered part of the lands selected pursuant to
      sections 1611 of this title and 1613(h) of this title by the
      Village or Regional Corporation described in clause (i); and
        (II) be eligible for conveyance pursuant to this chapter unless
      specifically identified and excluded from an initial selection
      application.

      (iii) Subject to valid existing rights and to subparagraph (B),
    any portion outside a conservation system unit of a mining claim or
    location described in clause (i) that is situated within the
    exterior boundaries of lands conveyed prior to October 14, 1992,
    from selections under section 1611 or section 1613(h) of this title
    shall be conveyed pursuant to this chapter.
      (B) No lands shall be conveyed pursuant to this subsection if the
    conveyance would result in the receipt of title to lands in excess
    of an acreage entitlement under this chapter.
      (3) This section shall apply to lands conveyed by interim
    conveyance or patent to a Regional Corporation pursuant to this
    chapter which are made subject to a mining claim or claims located
    under the general mining laws, including lands conveyed prior to
    November 2, 1995. Effective on November 2, 1995, the Secretary,
    acting through the Bureau of Land Management and in a manner
    consistent with section 1613(g) of this title, shall transfer to
    the Regional Corporation administration of all mining claims
    determined to be entirely within lands conveyed to that
    corporation. Any person holding such mining claim or claims shall
    meet such requirements of the general mining laws and section 1744
    of this title, except that any filings that would have been made
    with the Bureau of Land Management if the lands were within Federal
    ownership shall be timely made with the appropriate Regional
    Corporation. The validity of any such mining claim or claims may be
    contested by the Regional Corporation, in place of the United
    States. All contest proceedings and appeals by the mining claimants
    of adverse decisions made by the Regional Corporation shall be
    brought in Federal District Court for the District of Alaska.
    Neither the United States nor any Federal agency or official shall
    be named or joined as a party in such proceedings or appeals. All
    revenues from such mining claims received after November 2, 1995,
    shall be remitted to the Regional Corporation subject to
    distribution pursuant to section 1606(i) of this title, except that
    in the event that the mining claim or claims are not totally within
    the lands conveyed to the Regional Corporation, the Regional
    Corporation shall be entitled only to that proportion of revenues,
    other than administrative fees, reasonably allocated to the portion
    of the mining claim so conveyed. The provisions of this section
    shall apply to Haida Corporation and the Haida Traditional Use
    Sites, which shall be treated as a Regional Corporation for the
    purposes of this paragraph, except that any revenues remitted to
    Haida Corporation under this section shall not be subject to
    distribution pursuant to section 1606(i) of this title.
    (d) Purchase restrictions for personnel inapplicable to chapter
      The provisions of section 11 of this title shall not apply to any
    land grants or other rights granted under this chapter.
    (e) National Wildlife Refuge System; replacement lands
      If land within the National Wildlife Refuge System is selected by
    a Village Corporation pursuant to the provisions of this chapter,
    the secretary shall add to the Refuge System other public lands in
    the State to replace the lands selected by the Village Corporation.
    (f) Land exchanges
      The Secretary, the Secretary of Defense, the Secretary of
    Agriculture, and the State of Alaska are authorized to exchange
    lands or interests therein, including Native selection rights, with
    the corporations organized by Native groups, Village Corporations,
    Regional Corporations, and the corporations organized by Natives
    residing in Juneau, Sitka, Kodiak, and Kenai, all as defined in
    this chapter, and other municipalities and corporations or
    individuals, the State (acting free of the restrictions of section
    6(i) of the Alaska Statehood Act), or any Federal agency for the
    purpose of effecting land consolidations or to facilitate the
    management or development of the land, or for other public
    purposes. Exchanges shall be on the basis of equal value, and
    either party to the exchange may pay or accept cash in order to
    equalize the value of the property exchanged: Provided, That when
    the parties agree to an exchange and the appropriate Secretary
    determines it is in the public interest, such exchanges may be made
    for other than equal value.
    (g) National Wildlife Refuge System lands subject of patents;
      Federal reservation of first refusal rights; provision in patents
      for continuing application of laws and regulations governing
      Refuge
      If a patent is issued to any Village Corporation for land in the
    National Wildlife Refuge System, the patent shall reserve to the
    United States the right of first refusal if the land is ever sold
    by the Village Corporation. Notwithstanding any other provision of
    this chapter, every patent issued by the Secretary pursuant to this
    chapter - which covers lands lying within the boundaries of a
    National Wildlife Refuge on December 18, 1971, shall contain a
    provision that such lands remain subject to the laws and
    regulations governing use and development of such Refuge.
    (h) Withdrawals of public lands; termination date
      (1) All withdrawals made under this chapter, except as otherwise
    provided in this subsection, shall terminate within four years of
    December 18, 1971: Provided, That any lands selected by Village or
    Regional Corporations or by a Native group under section 1611 of
    this title shall remain withdrawn until conveyed pursuant to
    section 1613 of this title.
      (2) The withdrawal of lands made by section 1610(a)(2) and
    section 1615 of this title shall terminate three years from
    December 18, 1971.
      (3) The provisions of this section shall not apply to any
    withdrawals made under section 1616 of this title.
      (4) The Secretary is authorized to terminate any withdrawal made
    by or pursuant to this chapter whenever he determines that the
    withdrawal is no longer necessary to accomplish the purposes of
    this chapter.
    (i) Administration of withdrawn lands; contracting and other
      authority of Secretaries not impaired by withdrawal
      Prior to a conveyance pursuant to section 1613 of this title,
    lands withdrawn by or pursuant to sections 1610, 1613, and 1615 of
    this title shall be subject to administration by the Secretary, or
    by the Secretary of Agriculture in the case of National Forest
    lands, under applicable laws and regulations, and their authority
    to make contracts and to grant leases, permits, rights-of-way, or
    easements shall not be impaired by the withdrawal.
    (j) Interim conveyances and underselections
      (1) Where lands to be conveyed to a Native, Native Corporation,
    or Native group pursuant to this chapter as amended and
    supplemented have not been surveyed, the same may be conveyed by
    the issuance of an "interim conveyance" to the party entitled to
    the lands. Subject to valid existing rights and such conditions and
    reservations authorized by law as are imposed, the force and effect
    of such an interim conveyance shall be to convey to and vest in the
    recipient exactly the same right, title, and interest in and to the
    lands as the recipient would have received had he been issued a
    patent by the United States. Upon survey of lands covered by an
    interim conveyance a patent thereto shall be issued to the
    recipient. The boundaries of the lands as defined and conveyed by
    the interim conveyance shall not be altered but may then be
    redescribed, if need be, in reference to the plat of survey. The
    Secretary shall make appropriate adjustments to insure that the
    recipient receives his full entitlement. Where the term "patent,"
    or a derivative thereof, is used in this chapter unless the context
    precludes such construction, it shall be deemed to include "interim
    conveyance," and the conveyances of land to Natives and Native
    Corporations provided for this chapter shall be as fully
    effectuated by the issuance of interim conveyances as by the
    issuance of patents.
      (2) Where lands selected and conveyed, or to be conveyed to a
    Village Corporation are insufficient to fulfill the Corporation's
    entitlement under section 1611(b), 1613(a), 1615(b), or 1615(d) of
    this title, the Secretary is authorized to withdraw twice the
    amount of unfulfilled entitlement and provide the Village
    Corporation ninety days from receipt of notice from the Secretary
    to select from the lands withdrawn the land it desires to fulfill
    its entitlement. In making the withdrawal, the Secretary shall
    first withdraw public lands that were formerly withdrawn for
    selection by the concerned Village Corporation by or pursuant to
    section 1610(a)(1), 1610(a)(3), 1615(a), or 1615(d) of this title.
    Should such lands no longer be available, the Secretary may
    withdraw public lands that are vacant, unreserved, and
    unappropriated, except that the Secretary may withdraw public lands
    which had been previously withdrawn pursuant to section 1616(d) of
    this title. Any subsequent selection by the Village Corporation
    shall be in the manner provided in this chapter for such original
    selections.
      (3) In lieu of withdrawal under paragraph (2), land may be
    segregated from all other forms of appropriation for the purposes
    described in that paragraph if - 
        (A) the Secretary and the Village Corporation enter into an
      agreement identifying the land for selection; and
        (B) the Village Corporation files an application for selection
      of the land.
    (k) National forest land patents; conditions
      Any patents to lands under this chapter which are located within
    the boundaries of a national forest shall contain such conditions
    as the Secretary deems necessary to assure that:
        (1) the sale of any timber from such lands shall, for a period
      of five years, be subject to the same restrictions relating to
      the export of timber from the United States as are applicable to
      national forest lands in Alaska under rules and regulations of
      the Secretary of Agriculture; and
        (2) such lands are managed under the principle of sustained
      yield and under management practices for protection and
      enhancement of environmental quality no less stringent than such
      management practices on adjacent national forest lands for a
      period of twelve years.
    (l) Land selection limitation; proximity to home rule or first
      class city and Ketchikan
      Notwithstanding any provision of this chapter, no Village or
    Regional Corporation shall select lands which are within two miles
    from the boundary, as it exists on December 18, 1971, of any home
    rule or first class city (excluding boroughs) or which are within
    six miles from the boundary of Ketchikan.
    (m) Licenses held by Alaska Native regional corporations
      An Alaska Native regional corporation organized pursuant to this
    chapter, or an affiliate thereof, that holds a Federal
    Communications Commission license in the personal communications
    service as of the date of enactment of this section (!2) and has
    either paid for such license in full or has complied with the
    payment schedules for such license shall be permitted to transfer
    or assign without penalty such license to any transferee or
    assignee. No economic penalties shall apply to any transfer or
    assignment authorized under this section. Any amounts owed to the
    United States for the initial grant of such licenses shall become
    immediately due and payable upon the consummation of any such
    transfer or assignment. Any application for such a transfer or
    assignment shall be deemed granted if not denied by the Commission
    within 90 days of the date on which it was initially filed. Any
    provision of law or regulation to the contrary is hereby amended.

-SOURCE-
    (Pub. L. 92-203, Sec. 22, Dec. 18, 1971, 85 Stat. 713; Pub. L. 94-
    204, Sec. 17, Jan. 2, 1976, 89 Stat. 1156; Pub. L. 96-487, title
    XIV, Sec. 1410, Dec. 2, 1980, 94 Stat. 2496; Pub. L. 102-415, Sec.
    14, Oct. 14, 1992, 106 Stat. 2121; Pub. L. 104-42, title I, Sec.
    102, Nov. 2, 1995, 109 Stat. 353; Pub. L. 105-333, Sec. 7, Oct. 31,
    1998, 112 Stat. 3133; Pub. L. 106-259, title VIII, Sec. 8149, Aug.
    9, 2000, 114 Stat. 706; Pub. L. 108-452, title II, Sec. 208, Dec.
    10, 2004, 118 Stat. 3586.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (b), are classified
    generally to this title.
      Section 682 of this title, referred to in subsec. (b), probably
    means section 682a of this title which was repealed by Pub. L. 94-
    579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787.
      The general mining laws, referred to in subsec. (c), are
    classified generally to Title 30, Mineral Lands and Mining.
      The Alaska National Interest Lands Conservation Act, referred to
    in subsec. (c)(2)(A)(i), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.
      Section 6(i) of the Alaska Statehood Act, referred to in subsec.
    (f), is section 6(i) of Pub. L. 85-508, which is set out as a note
    preceding section 21 of Title 48, Territories and Insular
    Possessions.
      The date of enactment of this section, referred to in subsec.
    (m), probably means the date of enactment of Pub. L. 106-259, which
    enacted subsec. (m) of this section and was approved Aug. 9, 2000.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (j)(3). Pub. L. 108-452 added par. (3).
      2000 - Subsec. (m). Pub. L. 106-259, which directed the addition
    of subsec. (m) at the end of section 1621 of Public Law 92-204, was
    executed by adding subsec. (m) at the end of this section, which is
    section 22 of Pub. L. 92-203, to reflect the probable intent of
    Congress.
      1998 - Subsec. (c)(3). Pub. L. 105-333 substituted "Regional
    Corporation" for "regional corporation" wherever appearing and
    inserted at end "The provisions of this section shall apply to
    Haida Corporation and the Haida Traditional Use Sites, which shall
    be treated as a Regional Corporation for the purposes of this
    paragraph, except that any revenues remitted to Haida Corporation
    under this section shall not be subject to distribution pursuant to
    section 1606(i) of this title."
      1995 - Subsec. (c)(3). Pub. L. 104-42 added par. (3).
      1992 - Subsec. (c). Pub. L. 102-415 designated existing
    provisions as par. (1) and added par. (2).
      1980 - Subsec. (j). Pub. L. 96-487 substituted provision
    authorizing Secretary to convey lands by interim conveyance when
    the lands have not been surveyed, upon survey to issue a patent and
    redescribe the lands if necessary, and, where lands selected and
    conveyed, or to be conveyed, to a Village Corporation are
    insufficient to fulfill the Corporation's entitlement, to withdraw
    twice the amount of unfulfilled entitlement and provide the Village
    Corporation 90 days from receipt of notice to select from the lands
    withdrawn the land it desires to fulfill its entitlement for
    provision authorizing the Secretary, in any area of Alaska for
    which protraction diagrams do not exist, which does not conform to
    the United States Land Survey System, or which has not been
    adequately surveyed to permit selection, to take such actions as
    are necessary to accomplish the purposes of this chapter.
      1976 - Subsec. (f). Pub. L. 94-204 authorized State of Alaska to
    make direct exchanges of land between it and Native Corporations,
    authorized State to transfer mineral interests, notwithstanding
    section 6(i) of the Alaska Statehood Act, to Federal agencies in
    such exchanges, and authorized exchanges on a basis other than
    equal value, by agreement of the parties or if deemed in the public
    interest.

-FOOTNOTE-
    (!1) So in original. See References in Text note below.

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1622                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1622. Annual reports to Congress until 1984; submission in
      1985 of report of status of Natives, summary of actions taken,
      and recommendations

-STATUTE-
      The Secretary shall submit to the Congress annual reports on
    implementation of this chapter. Such reports shall be filed by the
    Secretary annually until 1984. At the beginning of the first
    session of Congress in 1985 the Secretary shall submit, through the
    President, a report of the status of the Natives and Native groups
    in Alaska, and a summary of actions taken under this chapter,
    together with such recommendations as may be appropriate.

-SOURCE-
    (Pub. L. 92-203, Sec. 23, Dec. 18, 1971, 85 Stat. 715.)

-End-

-CITE-
    43 USC Sec. 1623                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1623. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such sums as may be
    necessary to carry out the provisions of this chapter.

-SOURCE-
    (Pub. L. 92-203, Sec. 24, Dec. 18, 1971, 85 Stat. 715.)

-End-

-CITE-
    43 USC Sec. 1624                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1624. Regulations; issuance; publication in Federal Register

-STATUTE-
      The Secretary is authorized to issue and publish in the Federal
    Register, pursuant to subchapter II of chapter 5 of title 5, such
    regulations as may be necessary to carry out the purposes of this
    chapter.

-SOURCE-
    (Pub. L. 92-203, Sec. 25, Dec. 18, 1971, 85 Stat. 715.)

-COD-
                               CODIFICATION                           
      "Subchapter II of chapter 5 of title 5" substituted for "the
    Administrative Procedure Act" on authority of Pub. L. 89-554, Sec.
    7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
    enacted Title 5, Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 1625                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1625. Securities laws exemption

-STATUTE-
    (a) Laws; termination date of exempt status
      A Native Corporation shall be exempt from the provisions, as
    amended, of the Investment Company Act of 1940 (54 Stat. 789) [15
    U.S.C. 80a-1 et seq.], the Securities Act of 1933 (48 Stat. 74) [15
    U.S.C. 77a et seq.], and the Securities Exchange Act of 1934 (48
    Stat. 881) [15 U.S.C. 78a et seq.] until the earlier of the day
    after - 
        (1) the date on which the corporation issues shares of stock
      other than Settlement Common Stock in a transaction where - 
          (A) the transaction or the shares are not otherwise exempt
        from Federal securities laws; and
          (B) the shares are issued to persons or entities other than -
        
            (i) individuals who held shares in the corporation on
          February 3, 1988;
            (ii) Natives;
            (iii) descendants of Natives;
            (iv) individuals who have received shares of Settlement
          Common Stock by inheritance pursuant to section 1606(h)(2) of
          this title;
            (v) Settlement Trusts; or
            (vi) entities established for the sole benefit of Natives
          or descendants of Natives; or

        (2) the date on which alienability restrictions are terminated;
      or
        (3) the date on which the corporation files a registration
      statement with the Securities and Exchange Commission pursuant to
      either the Securities Act of 1933 [15 U.S.C. 77a et seq.] or the
      Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.].
    (b) Status of Native Corporations after termination date
      No provision of this section shall be construed to require or
    imply that a Native Corporation shall, or shall not, be subject to
    provisions of the Acts listed in subsection (a) of this section
    after any of the dates described in subsection (a) of this section.
    (c) Annual report to shareholders; shareholders of record
      (1) A Native Corporation that, but for this section, would be
    subject to the provisions of the Securities Exchange Act of 1934
    [15 U.S.C. 78a et seq.] shall annually prepare and transmit to its
    shareholders a report that contains substantially all the
    information required to be included in an annual report to
    shareholders by a corporation subject to that Act.
      (2) For purposes of determining the applicability of the
    registration requirements of the Securities Exchange Act of 1934 on
    or after the date described in subsection (a) of this section,
    holders of Settlement Common Stock shall be excluded from the
    calculation of the number of shareholders of record pursuant to
    section 12(g) of that Act [15 U.S.C. 78l(g)].
    (d) Wholly owned subsidiaries; Settlement Trusts; voluntary
      registration as Investment Company
      (1) Notwithstanding any other provision of law, prior to January
    1, 2001, the provisions of the Investment Company Act of 1940 [15
    U.S.C. 80a-1 et seq.] shall not apply to any Native Corporation or
    any subsidiary of such corporation if such subsidiary is wholly
    owned (as that term is defined in the Investment Company Act of
    1940) by the corporation and the corporation owns at least 95 per
    centum of the equity of the subsidiary.
      (2) The Investment Company Act of 1940 shall not apply to any
    Settlement Trust.
      (3) If, but for this section, a Native Corporation would qualify
    as an Investment Company under the Investment Company Act of 1940,
    it shall be entitled to voluntarily register pursuant to such Act
    and any such corporation which so registered shall thereafter
    comply with the provisions of such Act.

-SOURCE-
    (Pub. L. 92-203, Sec. 28, as added Pub. L. 94-204, Sec. 3, Jan. 2,
    1976, 89 Stat. 1147; amended Pub. L. 100-241, Sec. 14, Feb. 3,
    1988, 101 Stat. 1811.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Investment Company Act of 1940, referred to in subsecs. (a)
    and (d), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as
    amended, which is classified generally to subchapter I (Sec. 80a-1
    et seq.) of chapter 2D of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see section 80a-51
    of Title 15 and Tables.
      The Securities Act of 1933 (48 Stat. 74), referred to in subsec.
    (a), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended,
    which is classified generally to subchapter I (Sec. 77a et seq.) of
    chapter 2A of Title 15. For complete classification of this Act to
    the Code, see section 77a of Title 15 and Tables.
      The Securities Exchange Act of 1934, referred to in subsecs. (a)
    and (c), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    Title 15. For complete classification of this Act to the Code, see
    section 78a of Title 15 and Tables.

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-241 amended section generally. Prior to
    amendment, section read as follows: "Any corporation organized
    pursuant to this chapter shall be exempt from the provisions of the
    Investment Company Act of 1940 (54 Stat. 789) [15 U.S.C. 80a-1 et
    seq.], the Securities Act of 1933 (48 Stat. 74) [15 U.S.C. 77a et
    seq.], and the Securities Exchange Act of 1934 (48 Stat. 881), as
    amended [15 U.S.C. 78a et seq.], through December 31, 1991. Nothing
    in this section, however, shall be construed to mean that any such
    corporation shall or shall not, after such date, be subject to the
    provisions of such Acts. Any such corporation which, but for this
    section, would be subject to the provisions of the Securities
    Exchange Act of 1934 shall transmit to its stockholders each year a
    report containing substantially all the information required to be
    included in an annual report to stockholders by a corporation which
    is subject to the provisions of such Act."

     CONSTRUCTION OF ALASKA NATIVE CLAIMS SETTLEMENT ACT WITH PUB. L.
                                  94-204
      Section 18 of Pub. L. 94-204 provided that: "Except as
    specifically provided in this Act [enacting this section and
    sections 1626 and 1627 of this title, amending sections 1615, 1616,
    1620 and 1621 of this title, and enacting provisions set out as
    notes under this section and sections 1604, 1605, 1611, 1613, and
    1618 of this title], (i) the provisions of the Settlement Act [this
    chapter] are fully applicable to this Act, and (ii) nothing in this
    Act shall be construed to alter or amend any of such provisions."

-End-

-CITE-
    43 USC Sec. 1626                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1626. Relation to other programs

-STATUTE-
    (a) Continuing availability of otherwise available governmental
      programs
      The payments and grants authorized under this chapter constitute
    compensation for the extinguishment of claims to land, and shall
    not be deemed to substitute for any governmental programs otherwise
    available to the Native people of Alaska as citizens of the United
    States and the State of Alaska.
    (b) Food stamp program
      Notwithstanding section 5(a) and any other provision of the Food
    Stamp Act of 1964 (78 Stat. 703), as amended [7 U.S.C. 2011 et
    seq.], in determining the eligibility of any household to
    participate in the food stamp program, any compensation,
    remuneration, revenue, or other benefit received by any member of
    such household under this chapter shall be disregarded.
    (c) Eligibility for need-based Federal programs
      In determining the eligibility of a household, an individual
    Native, or a descendant of a Native (as defined in section 1602(r)
    of this title) to - 
        (1) participate in the Food Stamp Program,
        (2) receive aid, assistance, or benefits, based on need, under
      the Social Security Act [42 U.S.C. 301 et seq.], or
        (3) receive financial assistance or benefits, based on need,
      under any other Federal program or federally-assisted program,

    none of the following, received from a Native Corporation, shall be
    considered or taken into account as an asset or resource:
        (A) cash (including cash dividends on stock received from a
      Native Corporation and on bonds received from a Native
      Corporation) to the extent that it does not, in the aggregate,
      exceed $2,000 per individual per annum;
        (B) stock (including stock issued or distributed by a Native
      Corporation as a dividend or distribution on stock) or bonds
      issued by a Native Corporation which bonds shall be subject to
      the protection of section 1606(h) of this title until voluntarily
      and expressly sold or pledged by the shareholder subsequent to
      the date of distribution;
        (C) a partnership interest;
        (D) land or an interest in land (including land or an interest
      in land received from a Native Corporation as a dividend or
      distribution on stock); and
        (E) an interest in a settlement trust.
    (d) Federal Indian programs
      Notwithstanding any other provision of law, Alaska Natives shall
    remain eligible for all Federal Indian programs on the same basis
    as other Native Americans.
    (e) Minority and economically disadvantaged status
      (1) For all purposes of Federal law, a Native Corporation shall
    be considered to be a corporation owned and controlled by Natives
    and a minority and economically disadvantaged business enterprise
    if the Settlement Common Stock of the corporation and other stock
    of the corporation held by holders of Settlement Common Stock and
    by Natives and descendants of Natives, represents a majority of
    both the total equity of the corporation and the total voting power
    of the corporation for the purposes of electing directors.
      (2) For all purposes of Federal law, direct and indirect
    subsidiary corporations, joint ventures, and partnerships of a
    Native Corporation qualifying pursuant to paragraph (1) shall be
    considered to be entities owned and controlled by Natives and a
    minority and economically disadvantaged business enterprise if the
    shares of stock or other units of ownership interest in any such
    entity held by such Native Corporation and by the holders of its
    Settlement Common Stock represent a majority of both - 
        (A) the total equity of the subsidiary corporation, joint
      venture, or partnership; and
        (B) the total voting power of the subsidiary corporation, joint
      venture, or partnership for the purpose of electing directors,
      the general partner, or principal officers.

      (3) No provision of this subsection shall - 
        (A) preclude a Federal agency or instrumentality from applying
      standards for determining minority ownership (or control) less
      restrictive than those described in paragraphs (1) and (2), or
        (B) supersede any such less restrictive standards in existence
      on February 3, 1988.

      (4)(A) Congress confirms that Federal procurement programs for
    tribes and Alaska Native Corporations are enacted pursuant to its
    authority under Article I, Section 8 of the United States
    Constitution.
      (B) Contracting with an entity defined in subsections (!1) (e)(1)
    or (e)(2) of this section or section 1452(c) of title 25 shall be
    credited towards the satisfaction of a contractor's small or small
    disadvantaged business subcontracting goals under section 502 of
    P.L. 100-656, provided that where lower tier subcontractors exist,
    the entity shall designate the appropriate contractor or
    contractors to receive such credit.

      (C) Any entity that satisfies subsection (e)(1) or (e)(2) of this
    section that has been certified under section 637 of title 15 is a
    Disadvantaged Business Enterprise for the purposes of Public Law
    105-178.
    (f) Omitted
    (g) Civil Rights Act of 1964
      For the purposes of implementation of the Civil Rights Act of
    1964 [42 U.S.C. 2000a et seq.], a Native Corporation and
    corporations, partnerships, joint ventures, trusts, or affiliates
    in which the Native Corporation owns not less than 25 per centum of
    the equity shall be within the class of entities excluded from the
    definition of "employer" by section 701(b)(1) of Public Law 88-352
    (78 Stat. 253), as amended [42 U.S.C. 2000e(b)(1)], or successor
    statutes.

-SOURCE-
    (Pub. L. 92-203, Sec. 29, as added Pub. L. 94-204, Sec. 4, Jan. 2,
    1976, 89 Stat. 1147; amended Pub. L. 100-241, Sec. 15, Feb. 3,
    1988, 101 Stat. 1812; Pub. L. 102-415, Secs. 10, 11, Oct. 14, 1992,
    106 Stat. 2115; Pub. L. 105-333, Sec. 5, Oct. 31, 1998, 112 Stat.
    3131; Pub. L. 107-117, div. B, Sec. 702, Jan. 10, 2002, 115 Stat.
    2312; Pub. L. 107-206, title III, Sec. 3003, Aug. 2, 2002, 116
    Stat. 924.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Food Stamp Act of 1964 (78 Stat. 703), as amended, referred
    to in subsec. (b), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,
    as amended, known as the Food Stamp Act of 1977, which is
    classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
    Agriculture. Section 5(a) of such Act is classified section 2014(a)
    of Title 7. For complete classification of this Act to the Code,
    see Short Title note set out under section 2011 of Title 7 and
    Tables.
      The Social Security Act, referred to in subsec. (c)(2), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see section 1305 of Title 42 and Tables.
      Section 502 of P.L. 100-656, referred to in subsec. (e)(4)(B), is
    section 502 of title V of Pub. L. 100-656, Nov. 15, 1988, 102 Stat.
    3881, which amended section 644(g) of Title 15, Commerce and Trade.
      Public Law 105-178, referred to in subsec. (e)(4)(C), is Pub. L.
    105-178, June 9, 1998, 112 Stat. 107, as amended, known as the
    Transportation Equity Act for the 21st Century. The Disadvantaged
    Business Enterprise provisions of the Act were contained in section
    1101(b), formerly set out as a note under section 101 of Title 23,
    Highways. For complete classification of this Act to the Code, see
    Short Title of 1998 Amendment note set out under section 101 of
    Title 23 and Tables.
      The Civil Rights Act of 1964, referred to in subsec. (g), is Pub.
    L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
    classified principally to subchapters II to IX (Sec. 2000a et seq.)
    of chapter 21 of Title 42. For complete classification of this Act
    to the Code, see Short Title note set out under section 2000a of
    Title 42 and Tables.

-COD-
                               CODIFICATION                           
      Subsec. (f) amended section 1702(3), (4) of Title 30, Mineral
    Lands and Mining, and provided for effective date of such
    amendment.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (e)(4). Pub. L. 107-117 added par. (4).
      Subsec. (e)(4)(B). Pub. L. 107-206, Sec. 3003(1), substituted
    "subsections (e)(1) or (e)(2)" for "subsection (e)(2)" and directed
    the substitution of "small or small disadvantaged business
    subcontracting goals under section 502 of P.L. 100-656, provided
    that where lower tier subcontractors exist, the entity shall
    designate the appropriate contractor or contractors to receive such
    credit" for "obligations under section 7 of P.L. 87-305", which was
    executed by making the substitution for "obligations under section
    7 of Public Law 87-305", to reflect the probable intent of
    Congress.
      Subsec. (e)(4)(C). Pub. L. 107-206, Sec. 3003(2), substituted
    "subsection (e)(1) or (e)(2)" for "subsection (e)(2)".
      1998 - Subsec. (c)(3)(A). Pub. L. 105-333, Sec. 5(1), inserted
    "and on bonds received from a Native Corporation".
      Subsec. (c)(3)(B). Pub. L. 105-333, Sec. 5(2), inserted before
    semicolon at end "or bonds issued by a Native Corporation which
    bonds shall be subject to the protection of section 1606(h) of this
    title until voluntarily and expressly sold or pledged by the
    shareholder subsequent to the date of distribution".
      1992 - Subsec. (e)(1), (2). Pub. L. 102-415, Sec. 10, inserted
    "and economically disadvantaged" after "minority".
      Subsec. (g). Pub. L. 102-415, Sec. 11, substituted "of entities
    excluded from the definition of 'employer' by" for "defined in" and
    "section 701(b)(1)" for "section 701(b)".
      1988 - Subsecs. (c) to (g). Pub. L. 100-241 added subsecs. (c) to
    (g).

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

-End-

-CITE-
    43 USC Sec. 1627                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1627. Merger of Native corporations

-STATUTE-
    (a) Applicability of State law
      Notwithstanding any provision of this chapter, any corporation
    created pursuant to section 1606(d), 1607(a), 1613(h)(2), or
    1613(h)(3) of this title within any of the twelve regions of
    Alaska, as established by section 1606(a) of this title, may, at
    any time, merge or consolidate, pursuant to the applicable
    provisions of the laws of the State of Alaska, with any other of
    such corporation or corporations created within or for the same
    region. Any corporations resulting from mergers or consolidations
    further may merge or consolidate with other such merged or
    consolidated corporations within the same region or with other of
    the corporations created in said region pursuant to section
    1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title.
    (b) Terms and conditions of merger; rights of dissenting
      shareholders; rights and liabilities of successor corporation
      Such mergers or consolidations shall be on such terms and
    conditions as are approved by vote of the shareholders of the
    corporations participating therein, including, where appropriate,
    terms providing for the issuance of additional shares of Regional
    Corporation stock to persons already owning such stock, and may
    take place pursuant to votes of shareholders held either before or
    after January 2, 1976: Provided, That the rights accorded under
    Alaska law to dissenting shareholders in a merger or consolidation
    may not be exercised in any merger or consolidation pursuant to
    this chapter effected while the Settlement Common Stock of all
    corporations subject to merger or consolidation remains subject to
    alienability restrictions..(!1) Upon the effectiveness of any such
    mergers or consolidations the corporations resulting therefrom and
    the shareholders thereof shall succeed and be entitled to all the
    rights, privileges, and benefits of this chapter, including but not
    limited to the receipt of lands and moneys and exemptions from
    various forms of Federal, State, and local taxation, and shall be
    subject to all the restrictions and obligations of this chapter as
    are applicable to the corporations and shareholders which and who
    participated in said mergers or consolidations or as would have
    been applicable if the mergers or consolidations and transfers of
    rights and titles thereto had not taken place: Provided, That,
    where a Village Corporation organized pursuant to section 1618(b)
    of this title merges or consolidates with the Regional Corporation
    of the region in which such village is located or with another
    Village Corporation of that region, no provision of such merger or
    consolidation shall be construed as increasing or otherwise
    changing regional enrollments for purposes of distribution of the
    Alaska Native Fund; land selection eligibility; or revenue sharing
    pursuant to sections 1605(c), 1606(m), 1611(b), 1613(h)(8), and
    1606(i) of this title.

    (c) Alteration or elimination of dividend rights
      Notwithstanding the provisions of section 1606(j) or (m) of this
    title, in any merger or consolidation in which the class of
    stockholders of a Regional Corporation who are not residents of any
    of the villages in the region are entitled under Alaska law to vote
    as a class, the terms of the merger or consolidation may provide
    for the alteration or elimination of the right of said class to
    receive dividends pursuant to said section 1606(j) or (m) of this
    title. In the event that such dividend right is not expressly
    altered or eliminated by the terms of the merger or consolidation,
    such class of stockholders shall continue to receive such dividends
    pursuant to section 1606(j) or (m) of this title as would have been
    applicable if the merger or consolidation had not taken place and
    all Village Corporations within the affected region continued to
    exist separately.
    (d) Approval of merger or consolidation by shareholders
      Notwithstanding any other provision of this section or of any
    other law, no corporation referred to in this section may merger or
    consolidate with any other such corporations unless that
    corporation's shareholders have approved such merger or
    consolidation.
    (e) Conveyance of right to withhold consent to mineral exploration,
      development, etc., as part of merger or consolidation
      The plan of merger or consolidation shall provide that the right
    of any affected Village Corporation pursuant to section 1613(f) of
    this title to withhold consent to mineral exploration, development,
    or removal within the boundaries of the Native village shall be
    conveyed, as part of the merger or consolidation, to a separate
    entity composed of the Native residents of such Native village.

-SOURCE-
    (Pub. L. 92-203, Sec. 30, as added Pub. L. 94-204, Sec. 6, Jan. 2,
    1976, 89 Stat. 1148; amended Pub. L. 100-241, Sec. 12(c), Feb. 3,
    1988, 101 Stat. 1810.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-241 substituted "while the
    Settlement Common Stock of all corporations subject to merger or
    consolidation remains subject to alienability restrictions." for
    "prior to December 19, 1991".

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 1628                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1628. Assignments by Regional Corporations of rights to
      receive payments from Fund

-STATUTE-
    (a) Recognition by Secretary; scope of recognition
      Notwithstanding the provision of section 3727 of title 31, the
    Secretary is authorized to recognize validly executed assignments
    made by Regional Corporations of their rights to receive payments
    from the Alaska Native Fund. Such assignments shall only be
    recognized to the extent that the Regional Corporation involved is
    not required to distribute funds pursuant to subsection (j) or (m)
    of section 1606 of this title.
    (b) Nonrecognition by Secretary
      The Secretary shall not recognize any assignment under this
    section which does not provide that the United States reserves the
    right to assert against the assignee and successors of the
    assignee, any setoff or counterclaim which the United States has
    against the assignor Corporation.
    (c) Claims against Secretary by stockholders of Regional or Village
      Corporation for recognition of assignment
      No stockholder of any Regional or Village Corporation shall have
    any claim against the Secretary or the United States as the result
    of any assignment duly recognized by the Secretary pursuant to this
    section.

-SOURCE-
    (Pub. L. 92-203, Sec. 31, as added Pub. L. 95-178, Sec. 4, Nov. 15,
    1977, 91 Stat. 1370.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 3727 of title 31" substituted for
    "section 3477 of the Revised Statutes, as amended (31 U.S.C. 203)"
    on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.

-End-

-CITE-
    43 USC Sec. 1629                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629. Cape Krusenstern National Monument land exchange between
      United States and NANA Regional Corporation, Inc.

-STATUTE-
    (a) Definitions
      For purposes of this section the following terms shall have the
    following meanings:
        (1) the term "The Agreement" or "Agreement" means the agreement
      entitled "Terms and Conditions Governing Legislative Land
      Consolidation and Exchange between NANA Regional Corporation,
      Inc., and the United States" executed by the Secretary of the
      Interior and the President of NANA Regional Corporation, Inc., on
      January 31 and January 24, 1985, respectively.
        (2) the term "transportation system" means the Red Dog Mine
      Transportation System described in Exhibit B of the Agreement.
        (3) the term "NANA" means NANA Regional Corporation, Inc., a
      corporation formed for the Natives of Northwest Alaska pursuant
      to the provisions of this chapter.
    (b) Conveyances of lands and interests in lands
      Except as otherwise provided by this section, the Secretary shall
    convey to NANA, in accordance with the terms and conditions set
    forth in the Agreement, lands and interests in lands specified in
    the Agreement in exchange for lands and interests in lands of NANA,
    specified in the Agreement, upon fulfillment by NANA of its
    obligations under the Agreement: Provided, however, That this
    modified exchange is accepted by NANA within 60 days of September
    25, 1985.
    (c) Exchange limited to designated lands
      (1) The Secretary shall convey to NANA, pursuant to the
    provisions of paragraph A(1) of the Agreement, the right, title and
    interest of the United States only in and to those lands designated
    as "Amended A(1) Lands" on the map entitled "Modified Cape
    Krusenstern Land Exchange", dated July 18, 1985. The charges to be
    made pursuant to paragraphs B(1) and D(27) of the Agreement against
    NANA's land entitlements under this chapter shall be reduced by an
    amount equivalent to the difference between that acreage conveyed
    pursuant to this subsection and the acreage that would have been
    conveyed to NANA pursuant to paragraph A(1) of the Agreement but
    for this subsection.
      (2) Notwithstanding the provisions of paragraph A(3) of the
    Agreement, the Secretary shall not convey to NANA any right, title
    and interest of the United States in the lands described in such
    paragraph A(3) and the Secretary shall make no charge to NANA's
    remaining entitlements under this chapter with respect to such
    lands. Such lands shall be retained in Federal ownership but shall
    be subject to the easement described in Exhibit D to the Agreement
    as if the lands had been conveyed to NANA pursuant to paragraph
    A(3) of the Agreement.
    (d) Easement in and to transportation system lands
      (1) There is hereby granted to NANA an easement in and to the
    lands designated as "Transportation System Lands" on the map
    entitled "Modified Cape Krusenstern Land Exchange", dated July 18,
    1985, for use in the construction, operation, maintenance,
    expansion and reclamation of the transportation system. Use of the
    easement for such purposes shall be subject only to the terms and
    conditions governing the construction, operation, maintenance,
    expansion and reclamation of the transportation system, as set
    forth in Exhibit B to the Agreement.
      (2) The easement granted pursuant to this section shall be for a
    term of 100 years. The easement shall terminate prior to the 100-
    year term:
        (i) if it is relinquished to the United States; or
        (ii) if construction of the transportation system has not
      commenced within 20 years of September 25, 1985. Computation of
      the 20-year period shall exclude periods when construction could
      not commence because of force majeure, act of God or order of a
      court; or
        (iii) upon completion of reclamation pursuant to the
      reclamation plan required by Exhibit B to the Agreement.

      (3) Within 90 days after September 25, 1985, the Secretary shall
    execute the necessary documents evidencing the grant to NANA of the
    easement granted by this section.
      (4) Except as regards the trail easement described in Exhibit D
    to the Agreement (to which the "Transportation System Lands" shall
    be subject as if such lands had been conveyed to NANA pursuant to
    paragraph A(1) of the Agreement), access to the lands subject to
    the easement granted by this section shall be subject to such
    limitations, restrictions or conditions as may be imposed by NANA,
    its successors and assigns, but NANA and its successors and assigns
    shall permit representatives of the Secretary such access as the
    Secretary determines is necessary for the monitoring required by
    this section.
    (e) Compliance with local laws
      The easement granted by this section makes available land for the
    transportation system, and is intended to be sufficient to permit
    NANA to comply with the laws of the State of Alaska which may be
    necessary to secure financing of the construction of the
    transportation system and the operation, maintenance or expansion
    thereof by the State of Alaska or by the Alaska Industrial
    Development Authority.
    (f) Reconveyance of easement by NANA
      The easement granted to NANA by this section may be reconveyed by
    NANA, but after any such reconveyance the terms and conditions
    specified in Exhibit B of the Agreement shall continue to apply in
    full to the easement.
    (g) Construction materials taken from borrow sites within easement
      NANA is hereby granted the right to use, develop and sell sand,
    gravel and related construction materials from borrow sites located
    within the easement granted pursuant to this section as required
    for the construction, operation, maintenance, expansion and
    reclamation of the transportation system, subject to the terms and
    conditions specified in Exhibit B of the Agreement.
    (h) Agreement as governing use of lands
      (1) The construction, operation, maintenance, expansion and
    reclamation of any portion of the transportation system on any of
    the lands subject to the easement granted to NANA by this section
    shall be governed solely by the terms and conditions of the
    Agreement, including the procedural and substantive provisions of
    Exhibit B to the Agreement, as if the lands covered by the easement
    granted to NANA by this section had been conveyed to NANA pursuant
    to paragraph A(1) of the Agreement.
      (2) The Secretary of the Interior, acting through the National
    Park Service, shall monitor the construction, operation,
    maintenance, expansion and reclamation of the transportation
    system, as provided in the Agreement. Any complaint by any person
    or entity that any aspect of the construction, operation,
    maintenance, expansion or reclamation of the portion of the
    transportation system on the lands subject to the easement granted
    to NANA by this section is not in accordance with the terms and
    conditions specified in the Agreement shall be made to the
    Secretary in writing. The Secretary shall review any such complaint
    and shall provide to NANA or its successors or assigns and to the
    complainant a decision in writing on the complaint within 90 days
    of receipt thereof. If the Secretary determines that the activity
    made the subject of a complaint is not in accordance with the terms
    specified in the Agreement, and NANA or its successors or assigns
    disagrees with that determination, the dispute shall be resolved
    according to the procedures established in Exhibit B to the
    Agreement.
    (i) Use of construction materials from other sites
      The Secretary shall make available to NANA and its successors and
    assigns the right to use sand, gravel and related construction
    materials located in Sections 23, 24, 25, 26, 35 and 36 of Township
    26 North, Range 24 West, Kateel River Meridian, Alaska, if the
    Secretary determines either (1) that use of such sand, gravel or
    related construction material is necessary because there is no
    other sand, gravel or related construction material reasonably
    available for the construction, operation, maintenance, expansion
    or reclamation of the transportation system; or (2) that use of
    such sand, gravel or related construction material is necessary in
    order to construct, operate, maintain, expand, or reclaim the
    transportation system in an environmentally sound manner,
    consistent with the requirements of Exhibit B of the Agreement. The
    right to use such sand, gravel and related construction material
    shall be subject to the terms and conditions of paragraph A of
    Exhibit B of the Agreement and such other reasonable terms and
    conditions as the Secretary may prescribe.
    (j) Congressional consultation as prerequisite to amendment of
      Agreement
      Notwithstanding paragraph D(23) of the Agreement, the Secretary
    shall not agree to any amendment to the Agreement without first
    consulting with the Committee on Natural Resources of the House of
    Representatives and the Committee on Energy and Natural Resources
    of the Senate and shall transmit copies of the text of any
    amendment to the Agreement to those Committees at the time of his
    agreeing to any such amendment.

-SOURCE-
    (Pub. L. 92-203, Sec. 34, as added Pub. L. 99-96, Sec. 1, Sept. 25,
    1985, 99 Stat. 460; amended Pub. L. 103-437, Sec. 16(a)(5), Nov. 2,
    1994, 108 Stat. 4594.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (j). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    43 USC Sec. 1629a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629a. Relinquishment by NANA Regional Corporation, Inc., of
      lands compact and contiguous to public lands in Cape Krusenstern
      National Monument

-STATUTE-
    (a) Terms and conditions
      The terms and conditions of this section are solely applicable to
    the lands described in paragraph A(1) of the Agreement, which is
    defined by section 1629(a)(1) of this title and modified by section
    1629 of this title, and shall not affect the relinquishment by NANA
    described in section B(1) of such Agreement.
    (b) Conveyance of lands to United States
      NANA Regional Corporation, Inc. ("NANA"), may convey by quit-
    claim deed to the United States all of its interest in the surface
    and subsurface estate in any lands described in subsection (a) of
    this section: Provided, however, That NANA can relinquish only
    lands that are compact and contiguous to other public lands within
    the Krusenstern National Monument and, if the lands to be
    relinquished have been disturbed by NANA, the Secretary must first
    determine that such disturbance has not rendered the lands
    incompatible with Monument values. Whenever NANA executes a quit-
    claim deed pursuant to this section, it shall be entitled to
    designate and have conveyed to it any lands outside the boundaries
    of the Cape Krusenstern National Monument and any other
    conservation system unit, as established and defined by the Alaska
    National Interest Lands Conservation Act (Public Law 96-487; 94
    Stat. 2371, et seq.), covered by any of its pending selection
    applications filed under the entitlement provisions of either
    section 1611(b), 1611(c) or 1613(h)(8) of this title. Lands
    conveyed to NANA pursuant to this subsection shall be of a like
    estate and equal in acreage to that conveyed by NANA to the United
    States. The lands conveyed to NANA pursuant to this subsection
    shall be in exchange for the lands conveyed by NANA to the United
    States and there shall be no change in the charges previously made
    to NANA's land entitlements with respect to the lands conveyed by
    NANA to the United States. Lands received by NANA pursuant to this
    subsection are Settlement Act lands.
    (c) Relinquishment of interests under filed selection applications
      NANA may relinquish any interest it has under selection
    applications filed pursuant to this chapter in the surface and
    subsurface estate in lands described in subsection (a) of this
    section by formally withdrawing such application pursuant to this
    section: Provided, however, That NANA can relinquish only interests
    in lands that are compact and contiguous to other public lands
    within the Krusenstern National Monument and, if the lands have
    been disturbed by NANA, the Secretary must first determine that
    such disturbance has not rendered the lands incompatible with
    Monument values. Whenever NANA formally withdraws a selection
    application pursuant to this section, it shall be entitled to
    designate and have conveyed to it lands outside the boundaries of
    Cape Krusenstern National Monument and any other conservation
    system unit, as established and defined by the Alaska National
    Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371,
    et seq.) pursuant to any of its pending selection applications
    filed under either section 1611(b), 1611(c) or 1613(h)(8) of this
    title. Lands conveyed to NANA under this subsection shall be of a
    like estate and equal in acreage to the interest which NANA
    relinquished, and when the lands are conveyed to NANA, the
    conveyance shall be charged against the same entitlement of NANA as
    if the lands had been conveyed pursuant to the relinquished
    selection applications. Lands received by NANA pursuant to this
    subsection are Settlement Act lands.
    (d) Termination date
      The provisions of this section shall remain in effect only until
    December 18, 1991.
    (e) Effect on NANA's selection rights or entitlement to lands
      Nothing in this section shall be deemed to alter or amend in any
    way NANA's selection rights or to increase or diminish NANA's total
    entitlement to lands pursuant to this chapter.

-SOURCE-
    (Pub. L. 92-203, Sec. 35, as added Pub. L. 99-96, Sec. 1, Sept. 25,
    1985, 99 Stat. 462.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska National Interest Lands Conservation Act, referred to
    in subsecs. (b) and (c), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.

-End-

-CITE-
    43 USC Sec. 1629b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629b. Procedures for considering amendments and resolutions

-STATUTE-
    (a) Coverage
      Notwithstanding any provision of the articles of incorporation
    and bylaws of a Native Corporation or of the laws of the State,
    except those related to proxy statements and solicitations that are
    not inconsistent with this section - 
        (1) an amendment to the articles of incorporation of a Native
      Corporation authorized by subsections (g) and (h) of section 1606
      of this title, subsection (d)(1)(B) of this section, or section
      1629c of this title;
        (2) a resolution authorized by section 1629d(a)(2) of this
      title;
        (3) a resolution to establish a Settlement Trust; or
        (4) a resolution to convey all or substantially all of the
      assets of a Native Corporation to a Settlement Trust pursuant to
      section 1629e(a)(1) of this title;

    shall be considered in accordance with the provisions of this
    section.
    (b) Basic procedure
      (1) An amendment or resolution described in subsection (a) of
    this section may be approved by the board of directors of a Native
    Corporation in accordance with its bylaws. If the board approves
    the amendment or resolution, it shall direct that the amendment or
    resolution be submitted to a vote of the shareholders at the next
    annual meeting or at a special meeting (if the board, at its
    discretion, schedules such special meeting). One or more such
    amendments or resolutions may be submitted to the shareholders and
    voted upon at one meeting.
      (2)(A) A written notice (including a proxy statement if required
    under applicable law), setting forth the amendment or resolution
    approved pursuant to paragraph (1) (and, at the discretion of the
    board, a summary of the changes to be effected) together with any
    amendment or resolution submitted pursuant to subsection (c) of
    this section and the statements described therein shall be sent,
    not less than fifty days nor more than sixty days prior to the
    meeting of the shareholders, by first-class mail or hand-delivered
    to each shareholder of record entitled to vote at his or her
    address as it appears in the records of the Native Corporation. The
    corporation may also communicate with its shareholders at any time
    and in any manner authorized by the laws of the State.
      (B) The board of directors may, but shall not be required to,
    appraise or otherwise determine the value of - 
        (i) land conveyed to the corporation pursuant to section
      1613(h)(1) of this title or any other land used as a cemetery;
        (ii) the surface estate of land that is both - 
          (I) exempt from real estate taxation pursuant to section
        1636(d)(1)(A) of this title; and
          (II) used by the shareholders of the corporation for
        subsistence uses (as defined in section 3113 of title 16); or

        (iii) land or interest in land which the board of directors
      believes to be only of speculative value;

    in connection with any communication made to the shareholders
    pursuant to this subsection.
      (C) If the board of directors determines, for quorum purposes or
    otherwise, that a previously-noticed meeting must be postponed or
    adjourned, it may, by giving notice to the shareholders, set a new
    date for such meeting not more than forty-five days later than the
    original date without sending the shareholders a new written notice
    (or a new summary of changes to be effected). If the new date is
    more than forty-five days later than the original date, however, a
    new written notice (and a new summary of changes to be effected if
    such a summary was originally sent pursuant to subparagraph (A)),
    shall be sent or delivered to shareholders not less than thirty
    days nor more than forty-five days prior to the new date.
    (c) Shareholder petitions
      (1)(A) With respect to an amendment authorized by section
    1606(g)(1)(B) of this title or section 1629c(b) of this title or an
    amendment authorizing the issuance of stock subject to the
    restrictions provided by section 1606(g)(2)(B)(iii) of this title,
    the holders of shares representing at least 25 per centum of the
    total voting power of a Native Corporation may petition the board
    of directors to submit such amendment to a vote of the shareholders
    in accordance with the provisions of this section.
      (B) The requirements of the laws of the State relating to the
    solicitation of proxies shall govern solicitation of signatures for
    a petition described in subparagraph (A) except that the
    requirements of Federal law shall govern the solicitation of
    signatures for a petition that is to be submitted to a Native
    Corporation which at the time of such submission has issued a class
    of equity securities registered pursuant to the Securities Exchange
    Act of 1934 [15 U.S.C. 78a et seq.]. If a petition meets the
    applicable solicitation requirements and - 
        (i) the board agrees with such petition, the board shall submit
      the amendment and either the proponents' statement or its own
      statement in support of the amendment to the shareholders for a
      vote, or
        (ii) the board disagrees with the petition for any reason, the
      board shall submit the amendment and the proponents' statement to
      the shareholders for a vote and may, at its discretion, submit an
      opposing statement or an alternative amendment.

      (2) Paragraph (1) shall not apply to a Native Corporation that on
    or before the date one year after February 3, 1988, elects
    application of section 1629c(d) of this title in lieu of section
    1629c(b) of this title. Until December 18, 1991, paragraph (1)
    shall not apply to a Native Corporation that elects application of
    section 1629c(c) of this title in lieu of section 1629c(b) of this
    title. Insofar as they are not inconsistent with this section, the
    laws of the State shall govern any shareholder right of petition
    for Native Corporations.
    (d) Voting standards
      (1) Except as otherwise set forth in subsection (d)(3) of this
    section, an amendment or resolution described in subsection (a) of
    this section shall be considered to be approved by the shareholders
    of a Native Corporation if it receives the affirmative vote of
    shares representing - 
        (A) a majority of the total voting power of the corporation, or
        (B) a level of the total voting power of the corporation
      greater than a majority (but not greater than two-thirds of the
      total voting power of the corporation) if the corporation
      establishes such a level by an amendment to its articles of
      incorporation.

      (2) A Native Corporation in amending its articles of
    incorporation pursuant to section 1606(g)(2) of this title to
    authorize the issuance of a new class or series of stock may
    provide that a majority (or more than a majority) of the shares of
    such class or series must vote in favor of an amendment or
    resolution described in subsection (a) of this section (other than
    an amendment authorized by section 1629c of this title) in order
    for such amendment or resolution to be approved.
      (3) A resolution described in subsection (a)(3) of this section
    shall be considered to be approved by the shareholders of a Native
    Corporation if it receives the affirmative vote of shares
    representing - 
        (A) a majority of the shares present or represented by proxy at
      the meeting relating to such resolution, or
        (B) an amount of shares greater than a majority of the shares
      present or represented by proxy at the meeting relating to such
      resolution (but not greater than two-thirds of the total voting
      power of the corporation) if the corporation establishes such a
      level by an amendment to its articles of incorporation.
    (e) Voting power
      For the purposes of this section, the determination of total
    voting power of a Native Corporation shall include all outstanding
    shares of stock that carry voting rights except shares that are not
    permitted to vote on the amendment or resolution in question
    because of restrictions in the articles of incorporation of the
    corporation.
    (f) Substantially all of the assets
      For purposes of this section and section 1629e of this title, a
    Native Corporation shall be considered to be transferring all or
    substantially all of its assets to a Settlement Trust only if such
    assets represent two-thirds or more of the fair market value of the
    Native Corporation's total assets.

-SOURCE-
    (Pub. L. 92-203, Sec. 36, as added Pub. L. 100-241, Sec. 7, Feb. 3,
    1988, 101 Stat. 1795; amended Pub. L. 108-7, div. F, title III,
    Sec. 337(a), Feb. 20, 2003, 117 Stat. 278.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Securities Exchange Act of 1934, referred to in subsec.
    (c)(1)(B), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    Title 15, Commerce and Trade. For complete classification of this
    Act to the Code, see section 78a of Title 15 and Tables.

-COD-
                               CODIFICATION                           
      Section 337(a) of Pub. L. 108-7, which directed the amendment of
    section 1629b of title 43, United States Code, was executed to
    section 36 of Pub. L. 92-203, which is classified to this section,
    to reflect the probable intent of Congress. See 2003 Amendment
    notes below.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d)(1). Pub. L. 108-7, Sec. 337(a)(1), substituted
    "Except as otherwise set forth in subsection (d)(3) of this
    section, an" for "An". See Codification note above.
      Subsec. (d)(3). Pub. L. 108-7, Sec. 337(a)(2), which directed the
    creation of a new subsection "(d)(3)", was executed by adding par.
    (3) to subsec. (d). See Codification note above.
      Subsec. (f). Pub. L. 108-7, Sec. 337(a)(3), added subsec. (f).
    See Codification note above.

-End-

-CITE-
    43 USC Sec. 1629c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629c. Duration of alienability restrictions

-STATUTE-
    (a) General rule
      Alienability restrictions shall continue until terminated in
    accordance with the procedures established by this section. No such
    termination shall take effect until after July 16, 1993: Provided,
    however, That this prohibition shall not apply to a Native
    Corporation whose board of directors approves, no later than March
    1, 1992, a resolution (certified by the corporate secretary of such
    corporation) electing to decline the application of such
    prohibition.
    (b) Opt-out procedure
      (1)(A) A Native Corporation may amend its articles of
    incorporation to terminate alienability restrictions in accordance
    with this subsection. Only one amendment to terminate alienability
    restrictions shall be considered and voted on prior to December 18,
    1991. Rejection of the amendment shall not preclude consideration
    prior to December 18, 1991, of subsequent amendments to terminate
    alienability restrictions.
      (B) If an amendment to terminate alienability restrictions is
    considered, voted on, and rejected prior to December 18, 1991, then
    subsequent amendments to terminate alienability restrictions after
    December 18, 1991, shall be considered and voted on - 
        (i) in the case of an amendment submitted by the board of
      directors of the corporation on its own motion, not earlier than
      five years after the rejection of the most recently rejected
      amendment to terminate restrictions; or
        (ii) in the case of an amendment submitted by the board of
      directors of the corporation pursuant to a shareholder petition,
      not earlier than two years after the rejection of the most
      recently rejected amendment to terminate restrictions.

      (C) If no amendment to terminate alienability restrictions is
    considered and voted on prior to December 18, 1991, then amendments
    to terminate alienability restrictions after December 18, 1991,
    shall be considered and voted on - 
        (i) in the case of an amendment submitted by the board of
      directors of the corporation on its own motion, not more than
      once every five years; or
        (ii) in the case of an amendment submitted by the board of
      directors of the corporation pursuant to a shareholder petition,
      not more than once every two years.

      (2) An amendment authorized by paragraph (1) shall specify the
    time of termination, either by establishing a date certain or by
    describing the specific event upon which alienability restrictions
    shall terminate.
      (3) Dissenters rights may be granted by the corporation in
    connection with the rejection of an amendment to terminate
    alienability restrictions in accordance with section 1629d of this
    title. Once dissenters rights have been so granted, they shall not
    be granted again in connection with subsequent amendments to
    terminate alienability restrictions.
    (c) Recapitalization procedure
      (1)(A) On or prior to December 18, 1991, a Native Corporation may
    amend its articles of incorporation to implement a recapitalization
    plan in accordance with this subsection. Rejection of an amendment
    or amendments to implement a recapitalization plan shall not
    preclude consideration prior to December 18, 1991, of a subsequent
    amendment or amendments to implement such a plan. Subsequent
    amendment or amendments shall be considered and voted on not
    earlier than one year after the date on which the most recent
    previous recapitalization plan was rejected. No recapitalization
    plan shall provide for the termination of alienability restrictions
    prior to December 18, 1991.
      (B) An amendment or amendments submitted pursuant to subparagraph
    (A) (and any subsequent amendment submitted pursuant to
    subparagraph (C)) may provide for the maintenance or extension of
    alienability restrictions for - 
        (i) an indefinite period of time;
        (ii) a specified period of time not to exceed fifty years; or
        (iii) a period of time that shall end upon the occurrence of a
      specified event.

      (C) If an amendment or amendments approved pursuant to
    subparagraph (A) or this subparagraph maintains or extends
    alienability restrictions for a specified period of time,
    termination of the restrictions at the close of such period may be
    postponed if a further amendment to the articles of incorporation
    of the corporation is approved to extend the restrictions. There
    shall be no limit on the number of such amendments that can be
    approved. Such amendments shall not be effective to extend the
    restrictions unless approved prior to the expiration of the period
    of maintenance or extension then in force.
      (D) The board of directors may ask the shareholders to approve en
    bloc pursuant to a single vote a series of amendments (including an
    amendment to authorize the issuance of stock pursuant to section
    1606(g) of this title) to implement a recapitalization plan that
    includes a provision maintaining alienability restrictions.
      (2)(A) If an amendment to the articles of incorporation of a
    Native Corporation maintaining or extending alienability
    restrictions for a specified period of time is approved pursuant to
    paragraph (1), the restrictions shall automatically terminate at
    the end of such period unless the restrictions are extended in
    accordance with the provisions of paragraph (1)(C).
      (B)(i) A Native Corporation that approves an amendment to its
    articles of incorporation pursuant to paragraph (1)(B) to maintain
    or extend alienability restrictions for an indefinite period may
    later amend its articles to terminate such restrictions. Such
    amendment shall specify the time of termination, either by
    establishing a date certain or by describing the specific event
    upon which the restrictions shall terminate.
      (ii) Rejection of an amendment described in clause (i) by the
    shareholders shall not preclude consideration of subsequent
    amendments to terminate alienability restrictions.
      (3) If a recapitalization plan approved pursuant to paragraph (1)
    distributes voting alienable common stock to each holder of shares
    of Settlement Common Stock (issued pursuant to section
    1606(g)(1)(A) of this title) that carries aggregate dividend and
    liquidation rights equivalent to those carried by such shares of
    Settlement Common Stock (except for rights to distributions made
    pursuant to sections 1606(j) and 1606(m) of this title) upon
    completion of the recapitalization plan, then such holder shall
    have no right under section 1629d of this title and any other
    provision of law to further compensation from the corporation with
    respect to action taken pursuant to this subsection.
    (d) Opt-in procedure
      (1)(A) Subsection (b) of this section shall not apply to a Native
    Corporation whose board of directors approves, no later than one
    year after February 3, 1988, a resolution electing the application
    of this subsection and such resolution is not validly rescinded
    pursuant to paragraph (2)(B)(ii).
      (B) This subsection shall not apply to Village Corporations,
    Urban Corporations, and Group Corporations located outside of the
    Bristol Bay and Aleut regions.
      (2)(A) Alienability restrictions imposed on Settlement Common
    Stock issued by a Native Corporation electing application of this
    subsection shall terminate on December 18, 1991, unless extended in
    accordance with the provisions of this subsection.
      (B)(i) The board of directors of a Native Corporation electing
    application of this subsection shall, at least once prior to
    January 1, 1991, approve, and submit to a vote of the shareholders,
    an amendment to the articles of incorporation of the corporation to
    extend alienability restrictions. If the amendment is not approved
    by the shareholders, the board of directors may submit another such
    amendment to the shareholders once or more a year until December
    18, 1991.
      (ii) In lieu of approving the amendment to the articles of
    incorporation described in clause (i) and submitting such amendment
    to a vote of the shareholders, at any time prior to January 1,
    1991, the board of directors of a Native Corporation that has
    approved a resolution described in paragraph (1)(A) may approve a
    new resolution rescinding that prior resolution. Upon approval of
    the new resolution rescinding a resolution described in paragraph
    (1)(A), the latter resolution shall be void and alienability
    restrictions on the Settlement Common Stock of such corporation
    shall continue subsequent to December 18, 1991, until such time as
    the alienability restrictions are terminated pursuant to the
    procedure described in subsection (b) of this section.
      (iii) Notwithstanding any other provision of law, a civil action
    that challenges the constitutionality of any provision in clause
    (ii) shall be barred unless it is filed within one year after the
    date of the vote of the board of directors approving a resolution
    to rescind a prior opt-in election under paragraph (1)(A). Any such
    civil action shall be filed in accordance with section 16(b) of the
    Alaska Native Claims Settlement Act Amendments of 1987 (101 Stat.
    1813-1814).
      (C) An amendment submitted pursuant to subparagraph (B) and any
    amendment submitted pursuant to subparagraph (D) may provide for an
    extension of alienability restrictions for - 
        (i) an indefinite period of time, or
        (ii) a specified period of time of not less than one year and
      not more than fifty years.

      (D) If an amendment approved by the shareholders of a Native
    Corporation pursuant to subparagraph (B) or this subparagraph
    extends alienability restrictions for a specified period of time,
    termination of the restrictions at the close of such period may be
    postponed if a further amendment to the articles of incorporation
    of the corporation is approved to extend the restrictions. There
    shall be no limit on the number of such amendments that can be
    approved. Such amendments shall not be effective to extend the
    restrictions unless approved prior to the expiration of the period
    of extension then in force.
      (3)(A) If an amendment to the articles of incorporation of a
    Native Corporation extending alienability restrictions for a
    specified period of time is approved pursuant to paragraph (2), the
    restrictions shall automatically terminate at the end of such
    period unless the restrictions are extended in accordance with the
    provisions of paragraph (2)(D).
      (B) If the board of directors of a Native Corporation electing
    application of this subsection does not submit for a shareholder
    vote an amendment to the articles of incorporation of the
    corporation in accordance with paragraph (2)(B), or if the
    amendment submitted does not comply with paragraph (2)(C),
    alienability restrictions shall not terminate and shall instead
    remain in effect until such time as a court of competent
    jurisdiction, upon petition of one or more shareholders of the
    corporation, orders that a shareholder vote be taken on an
    amendment which complies with paragraph (2)(C) and such vote is
    conducted. Following the vote, the status of alienability
    restrictions shall be determined in accordance with the other
    provisions of this subsection and the amendment, if approved.
      (4)(A) A Native Corporation that approves an amendment to its
    articles of incorporation pursuant to paragraph (2) to extend
    alienability restrictions for an indefinite period of time may
    later amend its articles of incorporation to terminate the
    restrictions. Such amendment shall specify the time of termination,
    either by establishing a date certain or by describing the specific
    event upon which the restrictions shall terminate.
      (B) The rejection of an amendment described in subparagraph (A)
    by the shareholders shall not preclude consideration of subsequent
    amendments to terminate alienability restrictions.
      (5)(A) If a Native Corporation amends its articles of
    incorporation pursuant to paragraph (2) to extend alienability
    restrictions, a shareholder who - 
        (i) voted against such amendment, and
        (ii) desires to relinquish his or her Settlement Common Stock
      in exchange for the stock or payment authorized by the board of
      directors pursuant to subparagraph (B),

    shall notify the Corporation within ninety days of the date of the
    vote of the shareholders on the amendment of his or her desire.
      (B) Within one hundred and twenty days after the date of the vote
    described in subparagraph (A), the board of directors shall approve
    a resolution to provide that each shareholder who has notified the
    corporation pursuant to subparagraph (A) shall receive either - 
        (i) alienable common stock in exchange for his or her
      Settlement Common Stock pursuant to paragraph (6), or
        (ii) an opportunity to request payment for his or her
      Settlement Common Stock pursuant to section 1629d(a)(1)(B) of
      this title.

      (C) This paragraph shall apply only to the first extension of
    alienability restrictions approved by the shareholders. No
    dissenters rights of any sort shall be permitted in connection with
    subsequent extensions of such restrictions.
      (6)(A) If the board of directors of a Native Corporation approves
    a resolution providing for the issuance of alienable common stock
    pursuant to paragraph (5)(B), then on December 18, 1991, or sixty
    days after the approval of the resolution, whichever later occurs,
    the Settlement Common Stock of each shareholder who has notified
    the corporation pursuant to paragraph (5)(A) shall be deemed
    canceled, and shares of alienable common stock of the appropriate
    class shall be issued to such shareholder, share for share, subject
    only to subparagraph (B) and to such restrictions consistent with
    this chapter as may be provided by the articles of incorporation of
    the corporation or in agreements between the corporation and
    individual shareholders.
      (B)(i) Alienable common stock issued in exchange for Settlement
    Common Stock issued subject to the restriction authorized by
    section 1606(g)(1)(B)(iii) of this title shall bear a legend
    indicating that the stock will eventually be canceled in accordance
    with the requirements of that section.
      (ii) Alienable common stock issued in exchange for a class of
    Settlement Common Stock carrying greater per share voting power
    than Settlement Common Stock issued pursuant to subsections
    (g)(1)(A) and (g)(1)(B) of this section shall carry such voting
    power and be subject to such other terms as may be provided in the
    amendment to the articles of incorporation authorizing the issuance
    of such class of Settlement Common Stock.
      (iii) In the resolution authorized by paragraph (5)(B), the board
    of directors shall provide that each share of Settlement Common
    Stock carrying the right to share in distributions made to
    shareholders pursuant to subsections (j) and (m) of section 1606 of
    this title shall be exchanged either for - 
        (I) a share of alienable common stock carrying such right, or
        (II) a share of alienable common stock that does not carry such
      right together with a separate, non-voting security that
      represents only such right.

      (iv) In the resolution authorized by paragraph (5)(B), the board
    of directors may impose upon the alienable common stock to be
    issued in exchange for Settlement Common Stock one or more of the
    following - 
        (I) a restriction granting the corporation, or the corporation
      and members of the shareholder's immediate family who are Natives
      or descendants of Natives the first right to purchase, on
      reasonable terms, the alienable common stock of the shareholder
      prior to the sale or transfer of such stock (other than a
      transfer by will or intestate succession) to any other party,
      including a transfer in satisfaction of a lien, writ of
      attachment, judgment execution, pledge, or other encumbrance; or
        (II) any other term, restriction, limitation, or other
      provision permitted under the laws of the State.

      (C) The articles of incorporation of the Native Corporation shall
    be deemed amended to implement the provisions of the resolution
    authorized by paragraph (5)(B).
      (D) Alienable common stock issued pursuant to this subparagraph
    shall not be subjected to a lien or judgment execution based upon
    any asserted or unasserted legal obligation of the original
    recipient arising prior to the issuance of such stock.
      (7)(A) No share of alienable common stock issued pursuant to
    paragraph (6) shall carry voting rights if it is owned, legally or
    beneficially, by a person not a Native or a descendant of a Native.
      (B)(i) A purchaser or other transferee of shares of alienable
    common stock shall, as a condition of the obligation of the issuing
    Native Corporation to transfer such shares on the books of the
    corporation, deliver to the corporation or transfer agent, as the
    case may be, a statement on a form prescribed by the corporation
    identifying the number of such shares to be transferred to such
    transferee and certifying - 
        (I) that such transferee is or is not a Native or a descendant
      of a Native;
        (II) that such transferee, if not a Native or a descendant of a
      Native, understands that shares of such alienable common stock
      shall not carry voting rights so long as such shares are held by
      the transferee or any subsequent transferee not a Native or a
      descendant of a Native;
        (III) that such transferee, if a purchaser, understands that
      such acquisition may be subject to section 78m(d) of title 15 and
      the regulations of the Securities and Exchange Commission
      promulgated thereunder; and
        (IV) whether such transferee will be the sole beneficial owner
      of such shares (if not, the transferee must certify as to the
      identities of all beneficial owners of such shares and whether
      such owners are Natives or descendants of Natives).

      (ii) The statement required by clause (i) shall be prima facie
    evidence of the matters certified therein and may be relied upon by
    the corporation in effecting a transfer on its books.
      (iii) For purposes of this subparagraph, a beneficial owner of a
    security includes any person (including a corporation, partnership,
    trust, association, or other entity) who, directly or indirectly,
    through any contract, arrangement, understanding, relationship, or
    otherwise has or shares - 
        (I) voting power, which includes the power to vote, or to
      direct the voting of, such security; or
        (II) investment power, which includes the power to dispose of,
      or to direct the disposition of, such security.

      (iv) Any person who, directly or indirectly, creates or uses a
    trust, proxy, power of attorney, pooling arrangement, or any other
    contract, arrangement, or device with the purpose or effect of
    divesting such person of beneficial ownership of a security or
    preventing the vesting of such beneficial ownership as part of a
    plan or scheme to evade the requirements imposed by this section or
    section 78m(d) of title 15 shall be deemed for purposes of such
    sections to be the beneficial owner of such security.
      (C) The statement required by subparagraph (B) shall be verified
    by the transferee before a notary public or other official
    authorized to administer oaths in accordance with the laws of the
    jurisdiction of the transferee or in which the transfer is made.

-SOURCE-
    (Pub. L. 92-203, Sec. 37, as added Pub. L. 100-241, Sec. 8, Feb. 3,
    1988, 101 Stat. 1797; amended Pub. L. 101-378, title III, Sec. 301,
    Aug. 17, 1990, 104 Stat. 471; Pub. L. 102-201, title III, Sec. 301,
    Dec. 10, 1991, 105 Stat. 1633.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 16(b) of the Alaska Native Claims Settlement Act
    Amendments of 1987, referred to in subsec. (d)(2)(B)(iii), is
    section 16(b) of Pub. L. 100-241, which is set out as a note under
    section 1601 of this title.

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-201 substituted "July 16, 1993:
    Provided, however, That this prohibition shall not apply to a
    Native Corporation whose board of directors approves, no later than
    March 1, 1992, a resolution (certified by the corporate secretary
    of such corporation) electing to decline the application of such
    prohibition" for "December 18, 1991".
      1990 - Subsec. (d)(1)(A). Pub. L. 101-378, Sec. 301(1), inserted
    before period at end "and such resolution is not validly rescinded
    pursuant to paragraph (2)(B)(ii)".
      Subsec. (d)(2)(B). Pub. L. 101-378, Sec. 301(2), (3), designated
    existing provisions as cl. (i) and added cls. (ii) and (iii).

-End-

-CITE-
    43 USC Sec. 1629d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629d. Dissenters rights

-STATUTE-
    (a) Coverage
      (1) Notwithstanding the laws of the State, if the shareholders of
    a Native Corporation - 
        (A) fail to approve an amendment authorized by section 1629c(b)
      of this title to terminate alienability restrictions, a
      shareholder who voted for the amendment may demand payment from
      the corporation for all of his or her shares of Settlement Common
      Stock; or
        (B) approve an amendment authorized by section 1629c(d) of this
      title to continue alienability restrictions without issuing
      alienable common stock pursuant to section 1629c(d)(6) of this
      title, a shareholder who voted against the amendment may demand
      payment from the corporation for all of his or her shares of
      Settlement Common Stock.

      (2)(A) A demand for payment made pursuant to paragraph (1)(A)
    shall be honored only if at the same time as the vote giving rise
    to the demand, the shareholders of the corporation approved a
    resolution providing for the purchase of Settlement Common Stock
    from dissenting shareholders.
      (B) A demand for payment made pursuant to paragraph (1)(B) shall
    be honored.
    (b) Relationship to State procedure
      (1) Except as otherwise provided in this section, the laws of the
    State governing the right of a dissenting shareholder to demand and
    receive payment for his or her shares shall apply to demands for
    payment honored pursuant to subsection (a)(2) of this section.
      (2) The board of directors of a Native Corporation may approve a
    resolution to provide a dissenting shareholder periods of time
    longer than those provided under the laws of the State to take
    actions required to demand and receive payment for his or her
    shares.
    (c) Valuation of stock
      (1) Prior to a vote described in subsection (a)(1) of this
    section, the board of directors of a Native Corporation may approve
    a resolution to provide that one or more of the following
    conditions will apply in the event a demand for payment is honored
    pursuant to subsection (a)(2) of this section - 
        (A) the Settlement Common Stock shall be valued as restricted
      stock; and
        (B) the value of - 
          (i) any land conveyed to the corporation pursuant to section
        1613(h)(1) of this title or any other land used as a cemetery;
        and
          (ii) the surface estate of any land that is both - 
            (I) exempt from real estate taxation pursuant to section
          1636(d)(1)(A) of this title, and
            (II) used by the shareholders of the corporation for
          subsistence uses (as defined in section 3113 of title 16); or

          (iii) any land or interest in land which the board of
        directors believes to be only of speculative value;

      shall be excluded by the shareholder making the demand for
      payment, the corporation purchasing the Settlement Common Stock
      of the shareholder, and any court determining the fair value of
      the shares of Settlement Common Stock to be purchased.

      (2) No person shall have a claim against a Native Corporation or
    its board of directors based upon the failure of the board to
    approve a resolution authorized by this subsection.
    (d) Form of payment
      (1) Prior to a vote described in subsection (a)(1) of this
    section, the board of directors of a Native Corporation may approve
    a resolution to provide that in the event a demand for payment is
    honored pursuant to subsection (a)(2) of this section payments to
    each dissenting shareholder shall be made by the corporation
    through the issuance of a negotiable note in the principal amount
    of the payment due, which shall be secured by - 
        (A) a payment bond issued by an insurance company or financial
      institution;
        (B) the deposit in escrow of securities or property having a
      fair market value equal to at least 125 per centum of the face
      value of the note; or
        (C) a lien upon real property interests of the corporation
      valued at 125 percent or more of the face amount of the note,
      except that no such lien shall be applicable to - 
          (i) land conveyed to the corporation pursuant to section
        1613(h)(1) of this title, or any other land used as a cemetery;
          (ii) the percentage interest in the corporation's timber
        resources and subsurface estate that exceeds its percentage
        interest in revenues from such property under section 1606(i)
        of this title; or
          (iii) the surface estate of land that is both - 
            (I) exempt from real estate taxation pursuant to section
          1636(d)(1)(A) of this title; and
            (II) used by the shareholders of the corporation for
          subsistence uses (as defined in section 3113 of title 16),

      unless the Board of Directors (!1) of the corporation acts so as
      to make such lien applicable to such surface estate.

      (2) A note issued pursuant to paragraph (1) shall provide that - 
        (A) interest shall be paid semi-annually, beginning as of the
      date on which the vote described in subsection (a)(1) of this
      section occurred, at the rate applicable on such date to
      obligations of the United States having a maturity date of one
      year, and
        (B) the principal amount and accrued interest on such note
      shall be payable to the holder at a time specified by the
      corporation but in no event later than the date that is five
      years after the date of the vote described in subsection (a)(1)
      of this section.
    (e) Dividend adjustment
      (1) The cash payment made pursuant to subsection (a) of this
    section or the principal amount of a note issued pursuant to
    subsection (d) of this section to a dissenting shareholder shall be
    reduced by the amount of dividends paid to such shareholder with
    respect to his or her Settlement Common Stock after the date of the
    vote described in subsection (a)(1) of this section.
      (2) Upon receipt of a cash payment pursuant to subsection (a) of
    this section or a note pursuant to subsection (d) of this section,
    a dissenting shareholder shall no longer have an interest in the
    shares of Settlement Common Stock or in the Native Corporation.

-SOURCE-
    (Pub. L. 92-203, Sec. 38, as added Pub. L. 100-241, Sec. 9, Feb. 3,
    1988, 101 Stat. 1802.)

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

-End-

-CITE-
    43 USC Sec. 1629e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629e. Settlement Trust option

-STATUTE-
    (a) Conveyance of corporate assets
      (1)(A) A Native Corporation may convey assets (including stock or
    beneficial interests therein) to a Settlement Trust in accordance
    with the laws of the State (except to the extent that such laws are
    inconsistent with this section and section 1629b of this title).
      (B) The approval of the shareholders of the corporation in the
    form of a resolution shall be required to convey all or
    substantially all of the assets of the corporation to a Settlement
    Trust. A conveyance in violation of this clause shall be void ab
    initio and shall not be given effect by any court.
      (2) No subsurface estate in land shall be conveyed to a
    Settlement Trust. A conveyance of title to, or any other interest
    in, subsurface estate in violation of this subparagraph shall be
    void ab initio and shall not be given effect by any court.
      (3) Conveyances made pursuant to this subsection - 
        (A) shall be subject to applicable laws respecting fraudulent
      conveyance and creditors rights; and
        (B) shall give rise to dissenters rights to the extent provided
      under the laws of the State only if - 
          (i) the rights of beneficiaries in the Settlement Trust
        receiving a conveyance are inalienable; and
          (ii) a shareholder vote on such transfer is required by
        (a)(4) (!1) of section 1629b of this title.

      (4) The provisions of this subsection shall not prohibit a Native
    Corporation from engaging in any conveyance, reorganization, or
    transaction not otherwise prohibited under the laws of the State or
    the United States.
    (b) Authority and limitations of a Settlement Trust
      (1) The purpose of a Settlement Trust shall be to promote the
    health, education, and welfare of its beneficiaries and preserve
    the heritage and culture of Natives. A Settlement Trust shall not -
    
        (A) operate as a business;
        (B) alienate land or any interest in land received from the
      settlor Native Corporation (except if the recipient of the land
      is the settlor corporation or the land is conveyed for a homesite
      by the Trust to a beneficiary of the Trust who is also a legal
      resident under Alaska law of the Native village of the settlor
      corporation and the conveyance does not exceed 1.5 acres); or
        (C) discriminate in favor of a group of individuals composed
      only or principally of employees, officers, or directors of the
      settlor Native Corporation.

    An alienation of land or an interest in land in violation of this
    paragraph shall be void ab initio and shall not be given effect by
    any court.
      (2) A Native Corporation that has established a Settlement Trust
    shall have exclusive authority to - 
        (A) appoint the trustees of the trust, and
        (B) remove the trustees of the trust for cause.

    Only a natural person shall be appointed a trustee of a Settlement
    Trust. An appointment or removal of a trustee in violation of this
    paragraph shall be void ab initio and shall not be given effect by
    any court.
      (3) A Native Corporation that has established a Settlement Trust
    may expand the class of beneficiaries to include holders of
    Settlement Common Stock issued after the establishment of the trust
    without compensation to the original beneficiaries.
      (4) A Settlement Trust shall not be held to violate any laws
    against perpetuities.
    (c) Savings
      (1) The provisions of this chapter shall continue to apply to any
    land or interest in land received from the Federal Government
    pursuant to this chapter and later conveyed to a Settlement Trust
    as if the land or interest in land were still held by the Native
    Corporation that conveyed the land or interest in land.
      (2) No timber resources subject to section 1606(i) of this title
    conveyed to a Settlement Trust shall be sold, exchanged, or
    otherwise conveyed except as necessary to - 
        (A) dispose of diseased or dying timber or to prevent the
      spread of disease or insect infestation;
        (B) prevent or suppress fire; or
        (C) ensure public safety.

    The revenue, if any, from such timber harvests shall be subject to
    section 1606(i) of this title as if such conveyance had not
    occurred.
      (3) The conveyance of assets (including stock or beneficial
    interests) pursuant to subsection (a) of this section shall not
    affect the applicability or enforcement (including specific
    performance) of a valid contract, judgment, lien, or other
    obligation (including an obligation arising under section 1606(i)
    of this title) to which such assets, stock, or beneficial interests
    were subject immediately prior to such conveyance.
      (4) A claim based upon paragraph (1), (2), or (3) shall be
    enforceable against the transferee Settlement Trust holding the
    land, interest in land, or other assets (including stock or
    beneficial interests) in question to the same extent as such claim
    would have been enforceable against the transferor Native
    Corporation, and valid obligations arising under section 1606(i) of
    this title as well as claims with respect to a conveyance in
    violation of a valid contract, judgment, lien, or other obligation
    shall also be enforceable against the transferor corporation.
      (5) Except as provided in paragraphs (1), (2), (3), and (4), once
    a Native Corporation has made, pursuant to subsection (a) of this
    section, a conveyance to a Settlement Trust that does not - 
        (A) render it - 
          (i) unable to satisfy claims based upon paragraph (1), (2),
        or (3); or
          (ii) insolvent; or

        (B) occur when the Native Corporation is insolvent;

    the assets so conveyed to the Settlement Trust shall not be subject
    to attachment, distraint, or sale on execution of judgment or other
    process or order of any court, except with respect to the lawful
    debts or obligations of the Settlement Trust.
      (6) No transferee Settlement Trust shall make a distribution or
    conveyance of assets (including cash, stock, or beneficial
    interests) that would render it unable to satisfy a claim made
    pursuant to paragraph (1), (2), or (3). A distribution or
    conveyance made in violation of this paragraph shall be void ab
    initio and shall not be given effect by any court.
      (7) Except where otherwise expressly provided, no provision of
    this section shall be construed to require shareholder approval of
    an action where shareholder approval would not be required under
    the laws of the State.
      (8) A beneficiary's interest in a settlement trust and the
    distributions thereon shall be subject to creditor action
    (including without limitation, levy attachment, pledge, lien,
    judgment execution, assignment, and the insolvency and bankruptcy
    laws) only to the extent that Settlement Common Stock and the
    distributions thereon are subject to such creditor action under
    section 1606(h) of this title.

-SOURCE-
    (Pub. L. 92-203, Sec. 39, as added Pub. L. 100-241, Sec. 10, Feb.
    3, 1988, 101 Stat. 1804; amended Pub. L. 105-333, Sec. 13, Oct. 31,
    1998, 112 Stat. 3135; Pub. L. 106-559, title III, Sec. 302, Dec.
    21, 2000, 114 Stat. 2782; Pub. L. 108-7, div. F, title III, Sec.
    337(b), Feb. 20, 2003, 117 Stat. 278.)

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(3)(B). Pub. L. 108-7, Sec. 337(b), which
    directed that section 1629e(a)(3) of title 43, United States Code,
    be amended by adding subpar. (B) and striking out former subpar.
    (B), was executed to section 39 of Pub. L. 92-203, which is
    classified to this section, to reflect the probable intent of
    Congress. Former subpar. (B) read as follows: "shall give rise to
    dissenters rights to the extent provided under the laws of the
    State only if the rights of beneficiaries in the Settlement Trust
    receiving a conveyance are inalienable."
      2000 - Subsec. (c)(8). Pub. L. 106-559 added par. (8).
      1998 - Subsec. (b)(1)(B). Pub. L. 105-333 inserted "or the land
    is conveyed for a homesite by the Trust to a beneficiary of the
    Trust who is also a legal resident under Alaska law of the Native
    village of the settlor corporation and the conveyance does not
    exceed 1.5 acres" after "settlor corporation".

-FOOTNOTE-
    (!1) So in original. Probably should be preceded by "subsection".

-End-

-CITE-
    43 USC Sec. 1629f                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629f. Claims arising from contamination of transferred lands

-STATUTE-
      (a) As used in this section the term "contaminant" means (!1)
    hazardous substance harmful to public health or the environment,
    including friable asbestos.

      (b) Within 18 months of November 2, 1995, and after consultation
    with the Secretary of Agriculture, State of Alaska, and appropriate
    Alaska Native Corporations and organizations, the Secretary shall
    submit to the Committee on Resources of the House of
    Representatives and the Committee on Energy and Natural Resources
    of the Senate, a report addressing issues presented by the presence
    of contaminants on lands conveyed or prioritized for conveyance to
    such corporations pursuant to this chapter. Such report shall
    consist of - 
        (1) existing information concerning the nature and types of
      contaminants present on such lands prior to conveyance to Alaska
      Native Corporations;
        (2) existing information identifying to the extent practicable
      the existence and availability of potentially responsible parties
      for the removal or remediation of the effects of such
      contaminants;
        (3) identification of existing remedies;
        (4) recommendations for any additional legislation that the
      Secretary concludes is necessary to remedy the problem of
      contaminants on the lands; and
        (5) in addition to the identification of contaminants,
      identification of structures known to have asbestos present and
      recommendations to inform Native landowners on the containment of
      asbestos.

-SOURCE-
    (Pub. L. 92-203, Sec. 40, as added Pub. L. 104-42, title I, Sec.
    103, Nov. 2, 1995, 109 Stat. 354.)

-FOOTNOTE-
    (!1) So in original. Probably should be "means a".

-End-

-CITE-
    43 USC Sec. 1629g                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629g. Open season for certain Alaska Native veterans for
      allotments

-STATUTE-
    (a) In general
      (1) During the eighteen month period following promulgation of
    implementing rules pursuant to subsection (e) of this section, a
    person described in subsection (b) of this section shall be
    eligible for an allotment of not more than two parcels of federal
    (!1) land totaling 160 acres or less under the Act of May 17, 1906
    (chapter 2469; 34 Stat. 197), as such Act was in effect before
    December 18, 1971.

      (2) Allotments may be selected only from lands that were vacant,
    unappropriated, and unreserved on the date when the person eligible
    for the allotment first used and occupied those lands.
      (3) The Secretary may not convey allotments containing any of the
    following - 
        (A) lands upon which a native or non-native campsite is
      located, except for a campsite used primarily by the person
      selecting the allotment;
        (B) lands selected by, but not conveyed to, the State of Alaska
      pursuant to the Alaska Statehood Act or any other provision of
      law;
        (C) lands selected by, but not conveyed to, a Village or
      Regional Corporation;
        (D) lands designated as wilderness by statute;
        (E) acquired lands;
        (F) lands containing a building, permanent structure, or other
      development owned or controlled by the United States, another
      unit of government, or a person other than the person selecting
      the allotment;
        (G) lands withdrawn or reserved for national defense purposes
      other than National Petroleum Reserve-Alaska;
        (H) National Forest Lands; and
        (I) lands selected or claimed, but not conveyed, under a public
      land law, including but not limited to the following:
          (1) Lands within a recorded mining claim.
          (2) Home sites.
          (3) Trade and Manufacturing sites.
          (4) Reindeer sites or headquarters sites.
          (5) Cemetery sites.

      (4) A person who qualifies for an allotment on lands prohibited
    from conveyance by a provision of subsection (a)(3) of this section
    may select an alternative allotment from the following lands
    located within the geographic boundaries of the same Regional
    Corporation as the excluded allotment - 
        (A) lands withdrawn pursuant to section 1610(a)(1) of this
      title which were not selected, or were relinquished after
      selection;
        (B) lands contiguous to the outer boundary of lands withdrawn
      pursuant to section 1610(a)(1)(C) of this title, except lands
      excluded from selection by a provision of subsection (a)(3) of
      this section and lands within a National Park; or
        (C) vacant, unappropriated and unreserved lands.

      (5) After consultation with a person entitled to an allotment
    within a Conservation System Unit, the Secretary may convey
    alternative lands of equal acreage, including lands within a
    Conservation System Unit, to that person if the Secretary
    determines that the allotment would be incompatible with a purpose
    for which the Conservation System Unit was established.
      (6) All conveyances under this section shall - 
        (A) be subject to valid existing rights, including any right of
      the United States to income derived, directly or indirectly, from
      a lease, license, permit, right-of-way or easement; and
        (B) reserve to the United States deposits of oil, gas and coal,
      together with the right to explore, mine, and remove these
      minerals, on lands which the Secretary determines to be
      prospectively valuable for development.
    (b) Eligible person
      (1) A person is eligible to select an allotment under this
    section if that person - 
        (A) would have been eligible for an allotment under the Act of
      May 17, 1906 (chapter 2469; 34 Stat. 197), as that Act was in
      effect before December 18, 1971 (except that the term
      "nonmineral", as used in that Act, shall for the purpose of this
      subsection be defined as provided in section 1634(a)(3) of this
      title, except that such definition shall not apply to land within
      a conservation system unit); and
        (B) is a veteran who served during the period between January
      1, 1969 and December 31, 1971 and - 
          (i) served at least 6 months between January 1, 1969 and
        December 31, 1971; or
          (ii) enlisted or was drafted into military service after June
        2, 1971 but before December 3, 1971.

      (2)(A) The personal representative or special administrator,
    appointed in an Alaska State court proceeding of the estate of a
    decedent who was eligible under subsection (b)(1)(A) of this
    section may, for the benefit of the heirs, select an allotment if
    the decedent was a veteran who served in South East Asia at any
    time during the period beginning August 5, 1964, and ending
    December 31, 1971, and during that period the decedent - 
        (i) was killed in action;
        (ii) was wounded in action and subsequently died as a direct
      consequence of that wound, as determined by the Department of
      Veterans Affairs or based on other evidence acceptable to the
      Secretary; or
        (iii) died while a prisoner of war.

      (B)(i) If the Secretary requests that the Secretary of Veterans
    Affairs make a determination whether a veteran died as a direct
    consequence of a wound received in action, the Secretary of
    Veterans Affairs shall, within 60 days of receipt of the request - 
        (I) provide a determination to the Secretary if the records of
      the Department of Veterans Affairs contain sufficient information
      to support such a determination; or
        (II) notify the Secretary that the records of the Department of
      Veterans Affairs do not contain sufficient information to support
      a determination and that further investigation will be necessary.

      (ii) Not later than 1 year after notification to the Secretary
    that further investigation is necessary, the Department of Veterans
    Affairs shall complete the investigation and provide a
    determination to the Secretary.
      (3) No person who received an allotment or has a pending
    allotment under the Act of May 17, 1906 may receive an allotment
    under this section.
    (c) Study and report
      (1) The Secretary of the Interior shall conduct a study to
    identify and assess the circumstances of veterans of the Vietnam
    era who - 
        (A) served during a period other than that specified in
      subsection (b)(1)(B) of this section;
        (B) were eligible for an allotment under the Act of May 17,
      1906; and
        (C) did not apply for an allotment under that Act.

      (2) The Secretary shall, within one year of October 21, 1998,
    issue a written report on the study, including findings and
    recommendations, to the Committee on Appropriations and the
    Committee on Energy and Natural Resources in the Senate and the
    Committee on Appropriations and the Committee on Resources in the
    House of Representatives.
    (d) Definitions
      For the purposes of this section, the terms "veteran" and
    "Vietnam era" have the meanings given those terms by paragraphs (2)
    and (29), respectively, of section 101 of title 38.
    (e) Regulations
      No later than 18 months after October 21, 1998, the Secretary of
    the Interior shall promulgate, after consultation with Alaska
    Natives groups, rules to carry out this section.

-SOURCE-
    (Pub. L. 92-203, Sec. 41, as added Pub. L. 105-276, title IV, Sec.
    432, Oct. 21, 1998, 112 Stat. 2516; amended Pub. L. 106-559, title
    III, Sec. 301, Dec. 21, 2000, 114 Stat. 2782; Pub. L. 108-452,
    title III, Sec. 306, Dec. 10, 2004, 118 Stat. 3590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 17, 1906, referred to in subsecs. (a)(1), (b)(1)(A),
    (3) and (c)(1)(B), (C), is act May 17, 1906, ch. 2469, 34 Stat.
    197, as amended, which was classified to sections 270-1 to 270-3 of
    this title prior to its repeal by Pub. L. 92-203, Sec. 18(a), Dec.
    18, 1971, 85 Stat. 710.
      The Alaska Statehood Act, referred to in subsec. (a)(3)(B), is
    Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions. For complete classification of this Act to the
    Code, see Tables.
      Public land law, referred to in subsec. (a)(3)(I), is classified
    generally to this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1)(A). Pub. L. 108-452, Sec. 306(1), inserted
    before semicolon at end "(except that the term 'nonmineral', as
    used in that Act, shall for the purpose of this subsection be
    defined as provided in section 1634(a)(3) of this title, except
    that such definition shall not apply to land within a conservation
    system unit)".
      Subsec. (b)(2). Pub. L. 108-452, Sec. 306(2), designated existing
    provisions as subpar. (A), redesignated former subpars. (A) to (C)
    as cls. (i) to (iii), respectively, of subpar. (A), inserted "or
    based on other evidence acceptable to the Secretary" after
    "Department of Veterans Affairs" in cl. (ii), and added subpar.
    (B).
      2000 - Subsec. (a)(3)(I)(4). Pub. L. 106-559, Sec. 301(1),
    substituted "or" for "and Reindeer".
      Subsec. (a)(4)(B). Pub. L. 106-559, Sec. 301(2), substituted ";
    or" for "; and" at end.
      Subsec. (b)(1)(B)(i). Pub. L. 106-559, Sec. 301(3), substituted
    "December 31" for "June 2".
      Subsec. (b)(2). Pub. L. 106-559, Sec. 301(4), inserted
    introductory provisions and struck out former introductory
    provisions which read as follows: "The personal representative of
    the estate of a decedent who was eligible under subsection (b)(1)
    of this section may, for the benefit of the heirs, select an
    allotment if, during the period specified in subsection (b)(1)(B)
    of this section, the decedent - ".

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    43 USC Sec. 1629h                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629h. Kake Tribal Corporation land transfer

-STATUTE-
    (a) In general
      If - 
        (1) the State of Alaska relinquishes its selection rights under
      the Alaska Statehood Act (Public Law 85-508) to lands described
      in subsection (c)(2) of this section; and
        (2) Kake Tribal Corporation and Sealaska Corporation convey all
      right, title, and interest to lands described in subsection
      (c)(1) of this section to the City of Kake, Alaska,

    then the Secretary of Agriculture (hereinafter referred to as
    "Secretary") shall, not later than 180 days thereafter, convey to
    Kake Tribal Corporation title to the surface estate in the land
    identified in subsection (c)(2) of this section, and convey to
    Sealaska Corporation title to the subsurface estate in such land.
    (b) Effect on selection totals
      (1) Of the lands to which the State of Alaska relinquishes
    selection rights and which are conveyed to the City of Kake
    pursuant to subsection (a) of this section, 694.5 acres shall be
    charged against lands to be selected by the State of Alaska under
    section 6(a) of the Alaska Statehood Act and 694.5 acres against
    lands to be selected by the State of Alaska under section 6(b) of
    the Alaska Statehood Act.
      (2) The land conveyed to Kake Tribal Corporation and to Sealaska
    Corporation under this section is, for all purposes, considered to
    be land conveyed under this chapter. However, the conveyance of
    such land to Kake Tribal Corporation shall not count against or
    otherwise affect the Corporation's remaining entitlement under
    section 1615(b) of this title.
    (c) Lands subject to exchange
      (1) The lands to be transferred to the City of Kake under
    subsection (a) of this section are the surface and subsurface
    estate to approximately 1,430 acres of land owned by Kake Tribal
    Corporation and Sealaska Corporation, and depicted as "KTC Land to
    City of Kake" on the map entitled "Kake Land Exchange-2000", dated
    May 2000.
      (2) The lands subject to relinquishment by the State of Alaska
    and to conveyance to Kake Tribal Corporation and Sealaska
    Corporation under subsection (a) of this section are the surface
    and subsurface estate to approximately 1,389 acres of Federal lands
    depicted as "Jenny Creek-Land Selected by the State of Alaska to
    KTC" on the map entitled "Kake Land Exchange-2000", dated May 2000.
      (3) In addition to the transfers authorized under subsection (a)
    of this section, the Secretary may acquire from Sealaska
    Corporation the subsurface estate to approximately 1,127 acres of
    land depicted as "KTC Land-Conservation Easement to SEAL Trust" on
    the map entitled "Kake Land Exchange-2000", dated May 2000, through
    a land exchange for the subsurface estate to approximately 1,168
    acres of Federal land in southeast Alaska that is under the
    administrative jurisdiction of the Secretary. Any exchange under
    this paragraph shall be subject to the mutual consent of the United
    States Forest Service and Sealaska Corporation.
    (d) Withdrawal
      Subject to valid existing rights, the lands described in
    subsection (c)(2) of this section are withdrawn from all forms of
    location, entry, and selection under the mining and public land
    laws of the United States and from leasing under the mineral and
    geothermal leasing laws. This withdrawal expires 18 months after
    the effective date of this section.
    (e) Maps
      The maps referred to in this chapter shall be maintained on file
    in the Office of the Chief, United States Forest Service, the
    Office of the Secretary of the Interior, and the Office of the
    Petersburg Ranger District, Alaska.
    (f) Watershed management
      The United States Forest Service may cooperate with Kake Tribal
    Corporation and the City of Kake in developing a watershed
    management plan that provides for the protection of the watershed
    in the public interest. Grants may be made, and contracts and
    cooperative agreements may be entered into, to the extent necessary
    to assist the City of Kake and Kake Tribal Corporation in the
    preparation and implementation of a watershed management plan for
    the land within the City of Kake's municipal watershed.
    (g) Effective date
      This section is effective upon the execution of one or more
    conservation easements that, subject to valid existing rights of
    third parties - 
        (1) encumber all lands depicted as "KTC Land to City of Kake"
      and "KTC Land-Conservation Easement to SEAL Trust" on a map
      entitled "Kake Land Exchange-2000" dated May 2000;
        (2) provide for the relinquishment by Kake Tribal Corporation
      of the Corporation's development rights on lands described in
      paragraph (1); and
        (3) provide for perpetual protection and management of lands
      depicted as "KTC Land to City of Kake" and "KTC Land-Conservation
      Easement to SEAL Trust" on the map described in paragraph (1) as -
       
          (A) a watershed;
          (B) a municipal drinking water source in accordance with the
        laws of the State of Alaska;
          (C) a source of fresh water for the Gunnuk Creek Hatchery;
        and
          (D) habitat for black bear, deer, birds, and other wildlife.
    (h) Timber manufacturing; export restriction
      Notwithstanding any other provision of law, timber harvested from
    lands conveyed to Kake Tribal Corporation under this section shall
    not be available for export as unprocessed logs from Alaska, nor
    may Kake Tribal Corporation sell, trade, exchange, substitute, or
    otherwise convey such timber to any person for the purpose of
    exporting that timber from the State of Alaska.
    (i) Authorization of appropriations
      There are authorized such sums as may be necessary to carry out
    this chapter, including to compensate Kake Tribal Corporation for
    relinquishing its development rights pursuant to subsection (g)(2)
    of this section and to provide assistance to Kake Tribal
    Corporation to meet the requirements of subsection (h) of this
    section. No funds authorized under this section may be paid to Kake
    Tribal Corporation unless Kake Tribal Corporation is a party to the
    conservation easements described in subsection (g) of this section.

-SOURCE-
    (Pub. L. 92-203, Sec. 42, as added Pub. L. 106-283, Sec. 3, Oct. 6,
    2000, 114 Stat. 867.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Statehood Act, referred to in subsecs. (a)(1) and
    (b)(1), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended,
    which is set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions. For complete classification of
    this Act to the Code, see Tables.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (d), are classified generally to Title 30, Mineral Lands
    and Mining.
      The public land laws, referred to in subsec. (d), are classified
    generally to this title.
      The geothermal leasing laws, referred to in subsec. (d), are
    classified principally to chapter 23 (Sec. 1001 et seq.) of Title
    30, Mineral Lands and Mining.

-MISC1-
                          DECLARATION OF PURPOSE                      
      Pub. L. 106-283, Sec. 2, Oct. 6, 2000, 114 Stat. 867, provided
    that: "The purpose of this Act [see Short Title of 2000 Amendment
    note set out under section 1601 of this title] is to authorize the
    reallocation of lands and selection rights between the State of
    Alaska, Kake Tribal Corporation, and the City of Kake, Alaska, in
    order to provide for the protection and management of the municipal
    watershed."

-End-

-CITE-
    43 USC CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE
           CLAIMS SETTLEMENT AND ALASKA STATEHOOD          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                             ALASKA STATEHOOD

-MISC1-
    Sec.                                                     
    1631.       Ownership of submerged lands.                         
                  (a)  Meandering in the surveying of submerged land. 
                  (b)  Ownership of riparian lands; ratification of
                        memorandum of agreement.                      
                  (c)  Interim conveyances and patents; navigability
                        of streams; award of costs and attorney's
                        fees.                                         
                  (d)  Definitions.                                   
    1632.       Statute of limitations on decisions of Secretary and
                 reconveyance of land by Village Corporation.         
    1633.       Administrative provisions.                            
                  (a)  Limitations concerning easements.              
                  (b)  Acquisition of future easements.               
                  (c)  Status of certain lease offers.                
                  (d)  Limitation.                                    
    1634.       Alaska Native allotments.                             
                  (a)  Approval of applications for certain lands;
                        lands containing coal, oil, or gas; nonmineral
                        lands; lands within National Park System;
                        protests; voluntary relinquishment of
                        application.                                  
                  (b)  Conflicting land descriptions in applications;
                        adjustments; reductions.                      
                  (c)  Amendment of land description in application;
                        notification; protest; adoption of final plan
                        of survey.                                    
                  (d)  Powersites and power projects.                 
                  (e)  Validity of existing rights; rights acquired by
                        actual use and national forest lands
                        unaffected.                                   
                  (f)  Reinstatement.                                 
    1635.       State selections and conveyances.                     
                  (a)  Omitted.                                       
                  (b)  School lands settlement.                       
                  (c)  Prior tentative approvals.                     
                  (d)  Prior State selections.                        
                  (e)  Future "top filings".                          
                  (f)  Right to overselect.                           
                  (g)  Conveyance of specified lands.                 
                  (h)  Limitation of conveyances of specified lands
                        tentative approvals; surveys.                 
                  (i)  Adjudication.                                  
                  (j)  Clarification of land status outside units.    
                  (k)  Interim provisions.                            
                  (l)  Existing rights.                               
                  (m)  Extinguishment of certain time extensions.     
                  (n)  Effect on third-party rights.                  
                  (o)  Status of lands within units.                  
                  (p)  PYK Line.                                      
    1636.       Alaska land bank.                                     
                  (a)  Establishment; agreements.                     
                  (b)  Terms of agreement.                            
                  (c)  Benefits to private landowners.                
                  (d)  Automatic protections for lands conveyed
                        pursuant to Alaska Native Claims Settlement
                        Act.                                          
                  (e)  Condemnation.                                  
                  (f)  Existing contracts.                            
                  (g)  State jurisdiction.                            
    1637.       Use of protraction diagrams.                          
    1638.       National Environmental Policy Act.                    
    1639.       Construction with Alaska Native Claims Settlement Act.
    1640.       Relinquishment of selections partly within
                 conservation units.                                  
    1641.       Conveyances to Village Corporations.                  
                  (a)  Optional procedure.                            
                  (b)  "Core" townships, etc.                         
                  (c)  Documents.                                     
                  (d)  Reconveyances; disputes.                       
                  (e)  Existing rights.                               
                  (f)  Easements.                                     
                  (g)  "Native Corporation" defined.                  
    1642.       Land conveyances.                                     

-End-

-CITE-
    43 USC Sec. 1631                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1631. Ownership of submerged lands

-STATUTE-
    (a) Meandering in the surveying of submerged land
      (1) Except as provided in paragraph (2), whenever the Secretary
    surveys land selected by a Native, a Native Corporation, or the
    State pursuant to the Alaska Native Claims Settlement Act [43
    U.S.C. 1601 et seq.], the Alaska Statehood Act, or this Act, lakes,
    rivers, and streams shall be meandered in accordance with the
    principles in the Bureau of Land Management, "Manual of Surveying
    Instructions" (1973).
      (2) If title to lands beneath navigable waters of a lake less
    than fifty acres in size or a river or stream less than three
    chains in width did not vest in the State pursuant to the Submerged
    Lands Act [43 U.S.C. 1301 et seq., 1311 et seq.], such lake, river,
    or stream shall not be meandered.
      (3) The Secretary is not required to determine the navigability
    of a lake, river, or stream which because of its size or width is
    required to be meandered or to compute the acreage of the land
    beneath such lake, river, or stream or to describe such land in any
    conveyance document.
      (4) Nothing in this subsection shall be construed to require
    ground survey or monumentation of meanderlines.
    (b) Ownership of riparian lands; ratification of memorandum of
      agreement
      (1) Whenever, either before or after August 16, 1988, the
    Secretary conveys land to a Native, a Native Corporation, or the
    State pursuant to the Alaska Native Claims Settlement Act [43
    U.S.C. 1601 et seq.], the Alaska Statehood Act, or this Act which
    abuts or surrounds a meanderable lake, river, or stream, all right,
    title, and interest of the United States, if any, in the land under
    such lake, river, or stream lying between the uplands and the
    median line or midpoint, as the case may be, shall vest in and
    shall not be charged against the acreage entitlement of such Native
    or Native Corporation or the State. The right, title, and interest
    vested in a Native or Native Corporation shall be no greater an
    estate than the estate he or it is conveyed in the land which abuts
    or surrounds the lake, river, or stream.
      (2) The specific terms, conditions, procedures, covenants,
    reservations, and other restrictions set forth in the document
    entitled, "Memorandum of Agreement between the United States
    Department of the Interior and the State of Alaska" dated March 28,
    1984, signed by the Secretary and the Governor of Alaska and
    submitted to the Committee on Interior and Insular Affairs of the
    House of Representatives, and the Committee on Energy and Natural
    Resources of the Senate, are hereby incorporated in this section
    and are ratified as to the duties and obligations of the United
    States and the State, as a matter of Federal law.
    (c) Interim conveyances and patents; navigability of streams; award
      of costs and attorney's fees
      (1) The execution of an interim conveyance or patent, as
    appropriate, by the Bureau of Land Management which conveys an area
    of land selected by a Native or Native Corporation which includes,
    surrounds, or abuts a lake, river, or stream, or any portion
    thereof, shall be the final agency action with respect to a
    decision of the Secretary of the Interior that such lake, river, or
    stream, is or is not navigable, unless such decision was validly
    appealed to an agency or board of the Department of the Interior on
    or before December 2, 1980.
      (2) No agency or board of the Department of the Interior other
    than the Bureau of Land Management shall have authority to
    determine the navigability of a lake, river, or stream within an
    area selected by a Native or Native Corporation pursuant to the
    Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] or
    this Act unless a determination by the Bureau of Land Management
    that such lake, river, or stream, is or is not navigable, was
    validly appealed to such agency or board on or before December 2,
    1980.
      (3) If title to land conveyed to a Native Corporation pursuant to
    the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] or
    this Act which underlies a lake, river, or stream is challenged in
    a court of competent jurisdiction and such court determines that
    such land is owned by the Native Corporation, the Native
    Corporation shall be awarded a money judgment against the
    plaintiffs in an amount equal to its costs and attorney's fees,
    including costs and attorney's fees incurred on appeal.
    (d) Definitions
      For the purposes of this section, the terms "navigable" and
    "navigability" means navigable for the purpose of determining title
    to lands beneath navigable waters, as between the United States and
    the several States pursuant to the Submerged Lands Act [43 U.S.C.
    1301 et seq., 1311 et seq.] and section 6(m) of the Alaska
    Statehood Act.

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 901, Dec. 2, 1980, 94 Stat. 2430;
    Pub. L. 99-258, Mar. 19, 1986, 100 Stat. 42; Pub. L. 99-644, Nov.
    10, 1986, 100 Stat. 3581; Pub. L. 100-395, title I, Sec. 101, Aug.
    16, 1988, 102 Stat. 979.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in subsecs.
    (a)(1), (b)(1), and (c)(2), (3), is Pub. L. 92-203, Dec. 18, 1971,
    85 Stat. 688, as amended, which is classified generally to chapter
    33 (Sec. 1601 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1601 of this title and Tables.
      This Act, referred to in subsecs. (a)(1), (b)(1), and (c)(2),
    (3), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended,
    known as the Alaska National Interest Lands Conservation Act. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3101 of Title 16, Conservation, and
    Tables.
      The Alaska Statehood Act, referred to in subsecs. (a)(1), (b)(1),
    and (d), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended,
    which is set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions. For complete classification of
    this Act to the Code, see Tables.
      The Submerged Lands Act, referred to in subsecs. (a)(2) and (d),
    is act May 22, 1953, ch. 65, 67 Stat. 29, as amended, which is
    classified generally to subchapters I and II (Secs. 1301 et seq.,
    1311 et seq.) of chapter 29 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1301 of this title and Tables.

-COD-
                               CODIFICATION                           
      August 16, 1988, referred to in subsec. (b)(1), was in the
    original "the date of enactment of this section", which was
    translated as meaning the date of enactment of Pub. L. 100-395,
    which amended this section generally, to reflect the probable
    intent of Congress.

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-395 amended section generally, revising and
    restating as subsecs. (a) to (d) provisions of former subsecs. (a)
    to (h).
      1986 - Subsec. (a). Pub. L. 99-644 substituted "eight years after
    the date of execution" for "six years after the date of execution"
    in two places and "nine years after December 2, 1980" for "seven
    years after December 2, 1980" in two places.
      Pub. L. 99-258 substituted "six years after the date of
    execution" for "five years after the date of execution" in two
    places.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of the House of
    Representatives changed to Committee on Natural Resources of the
    House of Representatives on Jan. 5, 1993, by House Resolution No.
    5, One Hundred Third Congress. Committee on Natural Resources of
    House of Representatives treated as referring to Committee on
    Resources of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress.

-MISC2-
                               CONSTRUCTION                           
      Section 102 of Pub. L. 100-395 provided that: "Nothing in this
    Act [amending this section and section 3192 of Title 16,
    Conservation, and enacting provisions set out as notes under this
    section] shall amend or alter any land exchange agreement to which
    the United States is a party, or any statute, including but not
    limited to the Act of January 2, 1976 (89 Stat. 1151) and section
    506(c) of the Alaska National Interest Lands Conservation Act (94
    Stat. 2409; Public Law 96-487), that authorizes, ratifies or
    implements such an agreement."

                            REPORT TO CONGRESS                        
      Section 103 of Pub. L. 100-395 directed Secretary of the Interior
    to prepare a report that assesses the effects of the implementation
    of section 101 of Pub. L. 100-395 (amending this section) on
    Conservation System Units as defined in 16 U.S.C. 3102(4) and makes
    recommendations for appropriate action, specified scope of the
    report, and directed Secretary, within one year after Aug. 16,
    1988, to submit a report to Congress.

-CROSS-
                                DEFINITIONS                            
      For definition of the terms "land", "Federal land", "public
    lands", "conservation system unit", "Alaska Native Claims
    Settlement Act", "Native Corporation", "Regional Corporation",
    "Village Corporation", "Urban Corporation", "Native Group", "Native
    land", "Secretary", "wilderness" and "National Wilderness
    Preservation System", "Alaska Statehood Act", "State", "Alaska
    Native" or "Native", "fish and wildlife", and "take" or "taking" as
    used in this chapter, including sections 1639 to 1641 of this
    title, as having the same meaning as they have in the Alaska Native
    Claims Settlement Act, section 1601 et seq. of this title, and the
    Alaska Statehood Act, Pub. L. 85-508, July 7, 1958, 72 Stat. 339,
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions, see section 3102 of Title 16, Conservation.

-End-

-CITE-
    43 USC Sec. 1632                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1632. Statute of limitations on decisions of Secretary and
      reconveyance of land by Village Corporation

-STATUTE-
      (a) Except for administrative determinations of navigability for
    purposes of determining ownership of submerged lands under the
    Submerged Lands Act [43 U.S.C. 1301 et seq., 1311 et seq.], a
    decision of the Secretary under this chapter or the Alaska Native
    Claims Settlement Act [43 U.S.C. 1601 et seq.] shall not be subject
    to judicial review unless such action is initiated before a court
    of competent jurisdiction within two years after the day the
    Secretary's decision becomes final or December 2, 1980, whichever
    is later: Provided, That the party seeking such review shall first
    exhaust any administrative appeal rights.
      (b) Decisions made by a Village Corporation to reconvey land
    under section 14(c) of the Alaska Native Claims Settlement Act [43
    U.S.C. 1613(c)] shall not be subject to judicial review unless such
    action is initiated before a court of competent jurisdiction within
    one year after the date of the filing of the map of boundaries as
    provided for in regulations promulgated by the Secretary.

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 902, Dec. 2, 1980, 94 Stat. 2433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Submerged Lands Act, referred to in subsec. (a), is Act May
    22, 1953, ch. 65, 67 Stat. 29, as amended, which is classified
    generally to subchapters I and II (Secs. 1301 et seq., 1311 et
    seq.) of chapter 29 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1301 of this title and Tables.
      This chapter, referred to in subsec. (a), was in the original
    "this title", meaning title IX of Pub. L. 96-487, Dec. 2, 1980, 94
    Stat. 2430, which enacted this chapter, amended sections 1614 and
    1620 of this title, and amended provisions set out as notes under
    section 1611 of this title and preceding section 21 of Title 48,
    Territories and Insular Possessions. For complete classification of
    title IX to the code, see Tables.
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (a), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
    which is classified generally to chapter 33 (Sec. 1601 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1601 of this title and
    Tables.

-End-

-CITE-
    43 USC Sec. 1633                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1633. Administrative provisions

-STATUTE-
    (a) Limitations concerning easements
      With respect to lands conveyed to Native Corporations or Native
    Groups the Secretary shall reserve only those easements which are
    described in section 17(b)(1) of the Alaska Native Claims
    Settlement Act and shall be guided by the following principles:
        (1) all easements should be designed so as to minimize their
      impact on Native life styles, and on subsistence uses; and
        (2) each easement should be specifically located and described
      and should include only such areas as are necessary for the
      purpose or purposes for which the easement is reserved.
    (b) Acquisition of future easements
      Whenever, after a conveyance has been made by this Act or under
    the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],
    the Secretary determines that an easement not reserved at the time
    of conveyance or by operation of subsection (a) of this section is
    required for any purpose specified in section 17(b)(1) of the
    Alaska Native Claims Settlement Act, he is authorized to acquire
    such easement by purchase or otherwise. The acquisition of such an
    easement shall be deemed a public purpose for which the Secretary
    may exercise his exchange authority pursuant to section 22(f) of
    the Alaska Native Claims Settlement Act [43 U.S.C. 1621(f)].
    (c) Status of certain lease offers
      Offers for noncompetitive oil and gas leases under the Mineral
    Leasing Act of 1920 [30 U.S.C. 181 et seq.] which were filed but
    which did not result in the issuance of a lease on or before
    December 18, 1971, on lands selected by, and conveyed before, on,
    or after December 2, 1980, to, Native Corporations or to individual
    Natives under paragraph (5) or (6) of section 14(h) [43 U.S.C.
    1613(h)(5) or (6)] as part of the entitlement to receive land under
    the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]
    shall not constitute valid existing rights under section 14(g) of
    such Act [43 U.S.C. 1613(g)] or under this Act.
    (d) Limitation
      This Act is not intended to modify, repeal, or otherwise affect
    any provision of the Act of January 2, 1976 (89 Stat. 1145), as
    amended or supplemented by Public Laws 94-456 and 95-178, and shall
    not be construed as imposing any additional restriction on the use
    or management of those lands described in section 22(k) of the
    Alaska Native Claims Settlement Act [43 U.S.C. 1621(k)].

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 903, Dec. 2, 1980, 94 Stat. 2433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (b) to (d), is Pub. L. 96-487,
    Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
    National Interest Lands Conservation Act. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3101 of Title 16, Conservation, and Tables.
      The Alaska Native Claims Settlement Act, referred to in subsecs.
    (b) and (c), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
    amended, which is classified generally to chapter 33 (Sec. 1601 et
    seq.) of this title. Section 17(b) of the Act was classified to
    section 1616(b) of this title and was omitted from the Code. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1601 of this title and Tables.
      The Mineral Leasing Act of 1920, referred to in subsec. (c), is
    act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.
      Act of January 2, 1976 (89 Stat. 1145), as amended or
    supplemented by Public Laws 94-456 and 95-178, referred to in
    subsec. (d), is Pub. L. 94-204, Jan. 2, 1976, 89 Stat. 1145, which
    enacted sections 1625 to 1627 of this title, amended sections 1615,
    1616, 1620, and 1621 of this title, and enacted provisions set out
    as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of
    this title, as amended and supplemented by Pub. L. 94-456, Oct. 4,
    1976, 90 Stat. 1934, which amended section 1615 of this title and
    provisions set out as notes under section 1611 of this title, and
    Pub. L. 95-178, Nov. 15, 1977, 91 Stat. 1369, which amended
    sections 1613, 1615, and 1628 of this title, enacted a provision
    set out as a note under section 1611 of this title, and amended a
    provision set out as a note under section 1611 of this title. For
    complete classification of these Acts to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1634                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1634. Alaska Native allotments

-STATUTE-
    (a) Approval of applications for certain lands; lands containing
      coal, oil, or gas; nonmineral lands; lands within National Park
      System; protests; voluntary relinquishment of application
      (1)(A) Subject to valid existing rights, all Alaska Native
    allotment applications made pursuant to the Act of May 17, 1906 (34
    Stat. 197, as amended) which were pending before the Department of
    the Interior on or before December 18, 1971, and which describe
    either land that was unreserved on December 13, 1968, or land
    within the National Petroleum Reserve - Alaska (then identified as
    Naval Petroleum Reserve No. 4) or within Fort Davis (except as
    provided in subparagraph (B)) are hereby approved on the one
    hundred and eightieth day following December 2, 1980, except where
    provided otherwise by paragraph (3), (4), (5), or (6) of this
    subsection, or where the land description of the allotment must be
    adjusted pursuant to subsection (b) of this section, in which cases
    approval pursuant to the terms of this subsection shall be
    effective at the time the adjustment becomes final. The Secretary
    shall cause allotments approved pursuant to this section to be
    surveyed and shall issue trust certificates therefor.
      (B) The land referred to in subparagraph (A) with respect to Fort
    Davis - 
        (i) shall be restricted to - 
          (I) the allotment applications named in the decision
        published at 96 IBLA 42 (1987) and to the acreage involved in
        those applications; or
          (II) the heirs of an applicant who made an application
        described in subclause (I); and

        (ii) shall be subject to valid existing rights and an easement
      for the Iditarod National Historic Trail established by section
      1244(a)(7) of title 16, but pending final determination of the
      trail's location, the easement shall be located on an interim
      basis by the Secretary, in consultation with the Iditarod
      Historic Trail Advisory Council.

      (2) All applications approved pursuant to this section shall be
    subject to the provisions of the Act of March 8, 1922 (43 U.S.C.
    270-11) [43 U.S.C. 270-11 to 270-13].(!1)

      (3) When on or before the one hundred and eightieth day following
    December 2, 1980, the Secretary determines by notice or decision
    that the land described in an allotment application may be valuable
    for minerals, excluding oil, gas, or coal, the allotment
    application shall be adjudicated pursuant to the provision of the
    Act of May 17, 1906, as amended, requiring that land allotted under
    said Act be nonmineral: Provided, That "nonmineral", as that term
    is used in such Act, is defined to include land valuable for
    deposits of sand or gravel.
      (4) Where an allotment application describes land within the
    boundaries of a unit of the National Park System established on or
    before December 2, 1980, and the described land was not withdrawn
    pursuant to section 11(a)(1) of the Alaska Native Claims Settlement
    Act [43 U.S.C. 1610(a)(1)], or where an allotment application
    describes land which has been patented or deeded to the State of
    Alaska or which on or before December 18, 1971, was validly
    selected by or tentatively approved or confirmed to the State of
    Alaska pursuant to the Alaska Statehood Act and was not withdrawn
    pursuant to section 11(a)(1)(A) of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1610(a)(1)(A)] from those lands made
    available for selection by section 11(a)(2) of the Act [43 U.S.C.
    1610(a)(2)] by any Native Village certified as eligible pursuant to
    section 11(b) of such Act [43 U.S.C. 1610(b)], paragraph (1) of
    this subsection and subsection (d) of this section shall not apply
    and the application shall be adjudicated pursuant to the
    requirements of the Act of May 17, 1906, as amended, the Alaska
    Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and other
    applicable law.
      (5) Paragraph (1) of this subsection and subsection (d) of this
    section shall not apply and the Native allotment application shall
    be adjudicated pursuant to the requirements of the Act of May 17,
    1906, as amended, if on or before the one hundred and eightieth day
    following December 2, 1980 - 
        (A) A Native Corporation files a protest with the Secretary
      stating that the applicant is not entitled to the land described
      in the allotment application, and said land is withdrawn for
      selection by the Corporation pursuant to the Alaska Native Claims
      Settlement Act [43 U.S.C. 1601 et seq.]; or
        (B) The State of Alaska files a protest with the Secretary
      stating that the land described in the allotment application is
      necessary for access to lands owned by the United States, the
      State of Alaska, or a political subdivision of the State of
      Alaska, to resources located thereon, or to a public body of
      water regularly employed for transportation purposes, and the
      protest states with specificity the facts upon which the
      conclusions concerning access are based and that no reasonable
      alternatives for access exist; or
        (C) A person or entity files a protest with the Secretary
      stating that the applicant is not entitled to the land described
      in the allotment application and that said land is the situs of
      improvements claimed by the person or entity.

      (6) Paragraph (1) of this subsection and subsection (d) of this
    section shall not apply to any application pending before the
    Department of the Interior on or before December 18, 1971, which
    was knowingly and voluntarily relinquished by the applicant
    thereafter.
      (7) Paragraph (1) of this subsection and subsection (d) of this
    section shall apply, and paragraph (5) of this subsection shall
    cease to apply, to an application - 
        (A) that is open and pending on October 31, 1998;
        (B) if the lands described in the application are in Federal
      ownership other than as a result of reacquisition by the United
      States after January 3, 1959; and
        (C) if any protest which is filed by the State of Alaska
      pursuant to paragraph (5)(B) with respect to the application is
      withdrawn or dismissed either before, on, or after October 31,
      1998.

      (8)(A) Any allotment application which is open and pending and
    which is legislatively approved by enactment of paragraph (7)
    shall, when allotted, be made subject to any easement, trail, or
    right-of-way in existence on the date of the Native allotment
    applicant's commencement of use and occupancy.
      (B) The jurisdiction of the Secretary is extended to make any
    factual determinations required to carry out this paragraph.
    (b) Conflicting land descriptions in applications; adjustments;
      reductions
      Where a conflict between two or more allotment applications
    exists due to overlapping land descriptions, the Secretary shall
    adjust the descriptions to eliminate conflicts, and in so doing,
    consistent with other existing rights, if any, may expand or alter
    the applied-for allotment boundaries or increase or decrease
    acreage in one or more of the allotment applications to achieve an
    adjustment which, to the extent practicable, is consistent with
    prior use of the allotted land and is beneficial to the affected
    parties: Provided, That the Secretary shall, to the extent
    feasible, implement an adjustment proposed by the affected parties:
    Provided further, That the Secretary's decision concerning
    adjustment of conflicting land descriptions shall be final and
    unreviewable in all cases in which the reduction, if any, of the
    affected allottee's claim is less than 30 percent of the acreage
    contained in the parcel originally described and the adjustment
    does not exclude from the allotment improvements claimed by the
    allottee: Provided further, That where an allotment application
    describes more than one hundred and sixty acres, the Secretary
    shall at any time prior to or during survey reduce the acreage to
    one hundred and sixty acres and shall attempt to accomplish said
    reduction in the manner least detrimental to the applicant.
    (c) Amendment of land description in application; notification;
      protest; adoption of final plan of survey
      An allotment applicant may amend the land description contained
    in his or her application if said description designates land other
    than that which the applicant intended to claim at the time of
    application and if the description as amended describes the land
    originally intended to be claimed. If the allotment application is
    amended, this section shall operate to approve the application or
    to require its adjudication, as the case may be, with reference to
    the amended land description only: Provided, That the Secretary
    shall notify the State of Alaska and all interested parties, as
    shown by the records of the Department of the Interior, of the
    intended correction of the allotment's location, and any such party
    shall have until the one hundred and eightieth day following
    December 2, 1980, or sixty days following mailing of the notice,
    whichever is later, to file with the Department of the Interior a
    protest as provided in subsection (a)(5) of this section, which
    protest, if timely, shall be deemed filed within one hundred and
    eighty days of December 2, 1980, notwithstanding the actual date of
    filing: Provided further, That the Secretary may require that all
    allotment applications designating land in a specified area be
    amended, if at all, prior to a date certain, which date shall be
    calculated to allow for orderly adoption of a plan of survey for
    the specified area, and the Secretary shall mail notification of
    the final date for amendment to each affected allotment applicant,
    and shall provide such other notice as the Secretary deems
    appropriate, at least sixty days prior to said date: Provided
    further, That no allotment application may be amended for location
    following adoption of a final plan of survey which includes the
    location of the allotment as described in the application or its
    location as desired by amendment.
    (d) Powersites and power projects
      Where the land described in an allotment application pending
    before the Department of the Interior on or before December 18,
    1971 (or such an application as adjusted or amended pursuant to
    subsection (b) or (c) of this section), was on that date withdrawn,
    reserved, or classified for powersite or power-project purposes,
    notwithstanding such withdrawal, reservation, or classification the
    described land shall be deemed vacant, unappropriated, and
    unreserved within the meaning of the Act of May 17, 1906, as
    amended, and, as such, shall be subject to adjudication or approval
    pursuant to the terms of this section: Provided, however, That if
    the described land is included as part of a project licensed under
    part I of the Federal Power Act of June 10, 1920 (41 Stat. 24), as
    amended [16 U.S.C. 791a et seq.], or is presently utilized for
    purposes of generating or transmitting electrical power or for any
    other project authorized by Act of Congress, the foregoing
    provision shall not apply and the allotment application shall be
    adjudicated pursuant to the Act of May 17, 1906, as amended:
    Provided further, That where the allotment applicant commenced use
    of the land after its withdrawal or classification for powersite
    purposes, the allotment shall be made subject to the right of
    reentry provided the United States by section 24 of the Federal
    Power Act, as amended [16 U.S.C. 818]: Provided further, That any
    right of reentry reserved in a certificate of allotment pursuant to
    this section shall expire twenty years after December 2, 1980, if
    at that time the allotted land is not subject to a license or an
    application for a license under part I of the Federal Power Act, as
    amended [16 U.S.C. 791a et seq.], or actually utilized or being
    developed for a purpose authorized by that Act, as amended [16
    U.S.C. 791a et seq.], or other Act of Congress.
    (e) Validity of existing rights; rights acquired by actual use and
      national forest lands unaffected
      Prior to issuing a certificate for an allotment subject to this
    section, the Secretary shall identify and adjudicate any record
    entry or application for title made under an Act other than the
    Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the
    Alaska Statehood Act, or the Act of May 17, 1906, as amended, which
    entry or application claims land also described in the allotment
    application, and shall determine whether such entry or application
    represents a valid existing right to which the allotment
    application is subject. Nothing in this section shall be construed
    to affect rights, if any, acquired by actual use of the described
    land prior to its withdrawal or classification, or as affecting
    national forest lands.
    (f) Reinstatement
      (1)(A) Notwithstanding paragraphs (1) and (6) of subsection (a)
    of this section, and subject to subparagraph (B), each Alaska
    Native allotment application made pursuant to the Act entitled "An
    Act authorizing the Secretary of the Interior to allot homesteads
    to the natives of Alaska", approved May 17, 1906 (34 Stat. 197),
    that - 
        (i) was pending before the Department of the Interior on or
      before December 18, 1971; and
        (ii) describes lands within the National Petroleum Reserve-
      Alaska that have been selected, interim conveyed, or patented to
      a Village Corporation or Regional Corporation,

    is reinstated only for the purpose of this section, subject to this
    section.
      (B) The reinstatement under subparagraph (A) shall be carried out
    regardless of whether the application was - 
        (i) relinquished by the applicant; or
        (ii) denied by the Department of the Interior, if the denial
      was based solely on the grounds that land within the National
      Petroleum Reserve-Alaska was unavailable.

      (2)(A) To the extent that the application describes lands (or any
    interest in the lands) that have been selected, interim conveyed,
    or patented to a Village Corporation or Regional Corporation, the
    Secretary is authorized to accept from the Village Corporation or
    Regional Corporation the reconveyance or relinquishment of the
    lands (or any interest in the lands).
      (B)(i) To the extent that the application describes lands (or any
    interest in the lands) that a Village Corporation is not willing to
    reconvey or relinquish pursuant to subparagraph (A), the applicant
    may relinquish any claim to any portion of the lands (or any
    interest in the lands) or may, with the consent of the affected
    Village Corporation, amend the application to exclude the lands and
    include in lieu thereof a description of lands selected by, interim
    conveyed to, or patented to the Village Corporation of an acreage
    that is not to exceed the amount of land relinquished.
      (ii) The Secretary is authorized to accept the reconveyance or
    relinquishment of the lands (or any interest in the lands)
    described in the amended application from the Village Corporation
    or Regional Corporation in lieu of the lands (or any interest in
    the lands) described in the initial application.
      (C) If a Village Corporation or Regional Corporation reconveys
    lands (or any interest in the lands) to the United States under
    subparagraph (A) or (B), the Secretary shall reduce the acreage
    charged against the entitlement of the Village Corporation or
    Regional Corporation.
      (D) The authority of the Secretary to accept the reconveyance or
    relinquishment of lands (or any interest in the lands) under this
    paragraph shall terminate on the date that is 6 years after October
    14, 1992.
      (3)(A) Subject to any valid existing rights, to the extent that
    the application describes lands that are authorized to be
    reconveyed or relinquished to the United States under paragraph
    (2), the Village Corporation shall file with the Secretary, not
    later than 3 years after October 14, 1992, the name of the
    applicant and the land description of each allotment proposed to be
    reconveyed or relinquished.
      (B) Upon receipt of the land description, the Secretary shall
    immediately notify the State of Alaska and all interested parties
    of the land description proposed to be reconveyed or relinquished,
    and any such party shall have 60 days following notification in
    which to file with the Department of the Interior a protest as
    provided in subsection (a)(5) of this section.
      (C) The Secretary shall then either - 
        (i) if no protest is filed, approve the application; or
        (ii) if a protest is filed, adjudicate the legal sufficiency of
      any protest timely filed; and - 
          (I) if the protest is legally insufficient, approve the
        application; or
          (II) if the protest is valid, issue a decision that closes
        the application and that is final for the Department.

      (D) The Secretary shall, with respect to each allotment approved
    pursuant to this subsection - 
        (i) survey the allotment; and
        (ii) following reconveyance or relinquishment, issue a Native
      allotment certificate to the applicant or heirs of the applicant.

      (4)(A) To the extent a Village Corporation or a Regional
    Corporation reconveys lands (or any interest in the lands) to the
    United States pursuant to paragraph (2) and the conveyance results
    in a reduction in the acreage charged against the entitlement of
    the Village Corporation or Regional Corporation under the Alaska
    Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Village
    Corporation or Regional Corporation shall be entitled to make
    selections in lieu of the reconveyed lands (or any interest in the
    lands).
      (B)(i) The quantity of acreage of the surface estate reconveyed
    pursuant to paragraph (2) shall be added to the quantity of acreage
    of underselection, if any, for the Village Corporation. The
    Secretary shall provide for the selection of lands for replacement
    in accordance with the procedures for withdrawals and selections
    under section 22(j)(2) of the Alaska Native Claims Settlement Act
    (43 U.S.C. 1621(j)(2)).
      (ii)(I) A Village Corporation described in clause (i) shall be
    entitled to select lands for replacement from the lands that have
    been withdrawn for selection by the Village Corporation pursuant to
    section 11(a)(1) of the Alaska Native Claims Settlement Act (43
    U.S.C. 1610(a)(1)).
      (II) In any case in which the lands described in subclause (I)
    are no longer in Federal ownership and the Village Corporation is
    entitled to make a selection pursuant to this subparagraph, the
    Secretary shall withdraw, and the Village Corporation shall select,
    Federal lands that are compact and contiguous with lands previously
    conveyed to the Village Corporation.
      (C) Lands (or any interests in the lands) in the replacement of
    lands (or interests in the lands) reconveyed by the Regional
    Corporation to the United States under this subsection shall be
    selected by the Regional Corporation from lands that are - 
        (i) compact and contiguous with other lands previously conveyed
      to the Regional Corporation within the National Petroleum Reserve-
      Alaska; and
        (ii) beneath the surface estate of lands selected and conveyed
      to a Village Corporation.

      (D) The Secretary shall convey the lands selected pursuant to
    this paragraph in accordance with this subsection.
      (5)(A) Each Native allotment certificate issued to an applicant
    or the heirs of the applicant pursuant to paragraph (3) shall be
    subject to any existing easement or other right that had been
    reserved, conveyed, transferred, or recognized by the United States
    prior to the issuance of the certificate.
      (B) Each conveyance by the Secretary to any applicant or to the
    heirs of the applicant under this subsection shall reserve to the
    United States - 
        (i) except as provided in subparagraph (C), all interests in
      oil, gas, and coal in the conveyed lands, and the right of the
      United States, or a lessee or assignee of the United States, to
      enter on lands conveyed to the applicant or to the heirs of the
      applicant, to drill, explore, mine, produce, and remove the oil,
      gas, or coal; and
        (ii) all other rights reasonably incident to the mineral
      reservations described in clause (i).

      (C)(i) If the oil, gas, or coal described in subparagraph (B)(i)
    was previously conveyed to the Regional Corporation and the
    Regional Corporation reserves those interests in a reconveyance to
    the United States, the Secretary shall reserve from the
    reconveyance to the applicant or to the heirs of the applicant for
    the benefit of the Regional Corporation the same rights and
    privileges that would have been reserved for the United States.
      (ii) With respect to a reconveyance of lands (or any interest in
    the lands) by the Regional Corporation to the United States that
    does not convey the entire mineral estate, the Regional Corporation
    shall not be entitled - 
        (I) to a reduction of the acreage charged against the
      entitlement under the Alaska Native Claims Settlement Act (43
      U.S.C. 1601 et seq.); or
        (II) to select mineral interests to replace the acreage.

      (6) The United States shall not be subject to liability for the
    presence of any hazardous substance in land or an interest in land
    solely as a result of any reconveyance to and transfer by the
    United States of the land or interest pursuant to this subsection.

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 905, Dec. 2, 1980, 94 Stat. 2435;
    Pub. L. 102-415, Secs. 2, 12, Oct. 14, 1992, 106 Stat. 2112, 2115;
    Pub. L. 105-333, Sec. 9, Oct. 31, 1998, 112 Stat. 3134.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 8, 1922 (43 U.S.C. 270-11), referred to in subsec.
    (a)(2), is act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended,
    which enacted sections 270-11 to 270-13 of this title. Sections 270-
    11 and 270-13 of this title were repealed by Pub. L. 94-579, title
    VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789. For complete
    classification of this Act to the Code, see Tables.
      Act of May 17, 1906, as amended, referred to in subsecs. (a)(3),
    (4), (5), (d), (e), and (f)(1)(A), is act May 17, 1906, ch. 2469,
    34 Stat. 197, as amended, which was classified to sections 270-1 to
    270-3 of this title prior to its repeal by Pub. L. 92-203, Sec.
    18(a), Dec. 18, 1971, 85 Stat. 710.
      The Alaska Statehood Act, referred to in subsecs. (a)(4) and (e),
    is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions. For complete classification of this Act to the
    Code, see Tables.
      The Alaska Native Claims Settlement Act, referred to in subsecs.
    (a)(4), (5)(A), (e), and (f)(4)(A), (5)(C)(ii)(I), is Pub. L. 92-
    203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified
    generally to chapter 33 (Sec. 1601 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1601 of this title and Tables.
      That Act, as amended, referred to in subsec. (d), is the Federal
    Power Act, act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
    which is classified generally to chapter 12 (Sec. 791a et seq.) of
    Title 16, Conservation. Part I of the Federal Power Act of June 10,
    1920, as amended, is classified generally to subchapter I (Sec.
    791a et seq.) of chapter 12 of Title 16. For complete
    classification of this Act to the Code, see section 791a of Title
    16 and Tables.

-COD-
                               CODIFICATION                           
      In subsecs. (a)(1), (3)-(5), (c), and (d), "December 2, 1980"
    substituted for "the effective date of this Act", which probably
    meant the date of enactment of Pub. L. 96-487.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(7), (8). Pub. L. 105-333 added pars. (7) and
    (8).
      1992 - Subsec. (a)(1). Pub. L. 102-415, Sec. 2, designated
    existing provisions as subpar. (A), inserted "or within Fort Davis
    (except as provided in subparagraph (B))" after "Naval Petroleum
    Reserve No. 4)", and added subpar. (B).
      Subsec. (f). Pub. L. 102-415, Sec. 12, added subsec. (f).

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1635                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1635. State selections and conveyances

-STATUTE-
    (a) Omitted
    (b) School lands settlement
      (1) In full and final settlement of any and all claims by the
    State of Alaska arising under the Act of March 4, 1915 (38 Stat.
    1214), as confirmed and transferred in section 6(k) of the Alaska
    Statehood Act, the State is hereby granted seventy-five thousand
    acres which it shall be entitled to select until January 4, 1994,
    from vacant, unappropriated, and unreserved public lands. In
    exercising the selection rights granted herein, the State shall be
    deemed to have relinquished all claims to any right, title, or
    interest to any school lands which failed to vest under the above
    statutes at the time Alaska became a State (January 3, 1959),
    including lands unsurveyed on that date or surveyed lands which
    were within Federal reservations or withdrawals on that date.
      (2) Except as provided herein, such selections shall be made in
    conformance with the provisions for selections under section 6(b)
    of the Alaska Statehood Act. Selections made under this subsection
    shall be in units of whole sections as shown on the official survey
    plats of the Bureau of Land Management, including protraction
    diagrams, unless part of the section is unavailable or the land is
    otherwise surveyed, or unless the Secretary waives the whole
    section requirement.
      (3) Lands selected and conveyed to the State under this
    subsection shall be subject to the provisions of subsections (j)
    and (k) of section 6 of the Alaska Statehood Act.
    (c) Prior tentative approvals
      (1) All tentative approvals of State of Alaska land selections
    pursuant to the Alaska Statehood Act are hereby confirmed, subject
    only to valid existing rights and Native selection rights under the
    Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and
    the United States hereby confirms that all right, title, and
    interest of the United States in and to such lands is deemed to
    have vested in the State of Alaska as of the date of tentative
    approval; except that this subsection shall not apply to tentative
    approvals which, prior to December 2, 1980, have been relinquished
    by the State, or have been finally revoked by the United States
    under authority other than authority under section 11(a)(2), 12(a),
    or 12(b) of the Alaska Native Claims Settlement Act [43 U.S.C.
    1610(a)(2), 1611(a), or 1611(b)].
      (2) Upon approval of a land survey by the Secretary, such lands
    shall be patented to the State of Alaska.
      (3) If the State elects to receive patent to any of the lands
    which are the subject of this subsection on the basis of
    protraction surveys in lieu of field surveys, the Secretary shall
    issue patent to the State on that basis within six months after
    notice of such election. For townships having such adverse claims
    of record, patent on the basis of protraction surveys shall be
    issued as soon as practicable after such election.
      (4) Future tentative approvals of State land selections, when
    issued, shall have the same force and effect as those existing
    tentative approvals which are confirmed by this subsection and
    shall be processed for patent by the same administrative procedures
    as specified in paragraphs (2) and (3) of this subsection.
    (d) Prior State selections
      (1) In furtherance of the State's entitlement to lands under
    section 6(b) of the Alaska Statehood Act, the United States hereby
    conveys to the State of Alaska, subject only to valid existing
    rights and Native selection rights under the Alaska Native Claims
    Settlement Act [43 U.S.C. 1601 et seq.], all right, title and
    interest of the United States in and to all vacant, unappropriated,
    and unreserved lands, including lands subject to subsection (l) of
    this section, which are specified in the list entitled "Prior State
    of Alaska Selections to be Conveyed by Congress", dated July 24,
    1978, submitted by the State of Alaska and on file in the Office of
    the Secretary except those Federal lands which are specified in a
    list dated October 19, 1979, submitted by the State of Alaska and
    on file with the Office of the Secretary. If any of those townships
    listed above contain lands within the boundaries of any
    conservation system unit, national conservation area, national
    recreation area, new national forest or forest addition,
    established, designated, or expanded by this Act, then only those
    lands within such townships which have been previously selected by
    the State of Alaska shall be conveyed pursuant to this subsection.
      (2) In furtherance of the State's entitlement to lands under
    section 6(a) of the Alaska Statehood Act, the United States hereby
    conveys to the State of Alaska, subject only to valid existing
    rights and Native selection rights under the Alaska Native Claims
    Settlement Act [43 U.S.C. 1601 et seq.], all right, title and
    interest of the United States in and to all valid land selections
    made from the national forests under authority of said section 6(a)
    which have been approved by the Secretary of Agriculture prior to
    July 1, 1979.
      (3) As soon as practicable after December 2, 1980, the Secretary
    shall issue tentative approvals to such State selections as
    required by the Alaska Statehood Act and pursuant to subsection (i)
    of this section. The sequence of issuance of such tentative
    approvals shall be on the basis of priorities determined by the
    State.
      (4) Upon approval of a land survey by the Secretary, such lands
    shall be patented to the State of Alaska.
      (5) If the State elects to receive patent to any of the lands
    which are the subject of this subsection on the basis of
    protraction surveys in lieu of field surveys, the Secretary shall
    issue patent to the State on that basis within six months after
    notice of such election for townships having no adverse claims on
    the public land records. For townships having such adverse claims
    of record, patent on the basis of protraction surveys shall be
    issued as soon as practicable after such election.
      (6) Future valid State land selections shall be subject only to
    valid existing rights and Native selection rights under the Alaska
    Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
    (e) Future "top filings"
      Subject to valid existing rights and Native selection rights
    under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
    seq.], the State, at its option, may file future selection
    applications and amendments thereto, pursuant to section 6(a) or
    (b) of the Alaska Statehood Act or subsection (b) of this section,
    for lands which are not, on the date of filing of such
    applications, available within the meaning of section 6(a) or (b)
    of the Alaska Statehood Act, other than lands within any
    conservation system unit or the National Petroleum Reserve -
    Alaska. Each such selection application, if otherwise valid, shall
    become an effective selection without further action by the State
    upon the date the lands included in such application become
    available within the meaning of subsection (a) or (b) of section 6
    regardless of whether such date occurs before or after expiration
    of the State's land selection rights. Selection applications
    heretofore filed by the State may be refiled so as to become
    subject to the provisions of this subsection; except that no such
    refiling shall prejudice any claim of validity which may be
    asserted regarding the original filing of such application. Nothing
    contained in this subsection shall be construed to prevent the
    United States from transferring a Federal reservation or
    appropriation from one Federal agency to another Federal agency for
    the use and benefit of the Federal Government.
    (f) Right to overselect
      (1) The State of Alaska may select lands exceeding by not more
    than 25 per centum in total area the amount of State entitlement
    which has not been patented or tentatively approved under each
    grant or confirmation of lands to the State contained in the Alaska
    Statehood Act or other law. If its selections under a particular
    grant exceed such remaining entitlement, the State shall thereupon
    list all selections for that grant which have not been tentatively
    approved in desired priority order of conveyance, in blocks no
    larger than one township in size; except that the State may alter
    such priorities prior to receipt of tentative approval. Upon
    receipt by the State of subsequent tentative approvals, such excess
    selections shall be reduced by the Secretary pro rata by rejecting
    the lowest prioritized selection blocks necessary to maintain a
    maximum excess selection of 25 per centum of the entitlement which
    has not yet been tentatively approved or patented to the State
    under each grant.
      (2) The State of Alaska may, by written notification to the
    Secretary, relinquish any selections of land filed under the Alaska
    Statehood Act or subsection (b) of this section prior to receipt by
    the State of tentative approval, except that lands conveyed
    pursuant to subsection (g) of this section may not be relinquished
    pursuant to this paragraph.
      (3) Omitted
    (g) Conveyance of specified lands
      In furtherance of the State's entitlement to lands under section
    6(b) of the Alaska Statehood Act, the United States hereby conveys
    to the State of Alaska all right, title, and interest of the United
    States in and to all vacant, unappropriated, and unreserved lands,
    including lands subject to subsection (e) of this section but which
    lie within those townships outside the boundaries of conservation
    system units, National Conservation Areas, National Recreation
    Areas, new national forests and forest additions, established,
    designated, or expanded by this Act, which are specified in the
    list entitled "State Selection Lands May 15, 1978", dated July 24,
    1978, submitted by the State of Alaska and on file in the office of
    the Secretary of the Interior. The denomination of lands in such
    list which are not, on December 2, 1980, available lands within the
    meaning of section 6(b) of the Alaska Statehood Act and this Act
    shall be treated as a future selection application pursuant to
    subsection (e) of this section, to the extent such an application
    could have been filed under such subsection (e) of this section.
    (h) Limitation of conveyances of specified lands tentative
      approvals; surveys
      (1) Lands identified in subsection (g) of this section are
    conveyed to the State subject to valid existing rights and Native
    selection rights under the Alaska Native Claims Settlement Act [43
    U.S.C. 1601 et seq.]. All right, title, and interest of the United
    States in and to such lands shall vest in the State of Alaska as of
    December 2, 1980, subject to those reservations specified in
    subsection (l) of this section.
      (2)(A) As soon as practicable after December 2, 1980, the
    Secretary shall issue to the State tentative approvals to such
    lands as required by the Alaska Statehood Act and pursuant to
    subsection (i) of this section.
      (B)(i) The sequence of issuance of such tentative approvals shall
    be on the basis of priorities determined by the State.
      (ii) In establishing the priorities for tentative approval under
    clause (i), the State shall - 
        (I) in the case of a selection under section 6(a) of Public Law
      85-508 (commonly known as the "Alaska Statehood Act") (72 Stat.
      340), include all land selected; or
        (II) in the case of a selection under section 6(b) of that Act -
       
          (aa) include at least 5,760 acres; or
          (bb) if a waiver has been granted under section 6(g) of that
        Act or less than 5,760 acres of the entitlement remains,
        prioritize the selection in such increments as are available
        for conveyance.

      (3) Upon approval of a land survey by the Secretary, those lands
    identified in subsection (g) of this section shall be patented to
    the State of Alaska.
      (4) If the State elects to receive patent to any of the lands
    which are identified in subsection (g) of this section on the basis
    of protraction surveys in lieu of field surveys, the Secretary
    shall issue patent to the State on that basis within six months
    after notice of such election for townships having no adverse
    claims on the public land records. For townships having such
    adverse claims of record, patent on the basis of protraction
    surveys shall be issued as soon as practicable after such election.
    (i) Adjudication
      Nothing contained in this section shall relieve the Secretary of
    the duty to adjudicate conflicting claims regarding the lands
    specified in subsection (g) of this section, or otherwise selected
    under authority of the Alaska Statehood Act, subsection (b) of this
    section, or other law, prior to the issuance of tentative approval.
    (j) Clarification of land status outside units
      As to lands outside the boundaries of a conservation system unit,
    National Recreation Areas, National Conservation Areas, new
    national forests and forest additions, the following withdrawals,
    classifications, or designations shall not, of themselves, remove
    the lands involved from the status of vacant, unappropriated, and
    unreserved lands for the purposes of subsection (d) or (g) of this
    section and future State selections pursuant to the Alaska
    Statehood Act or subsection (b) of this section:
        (1) withdrawals for classification pursuant to section 17(d)(1)
      of the Alaska Native Claims Settlement Act [43 U.S.C.
      1616(d)(1)]; except that, in accordance with the Memorandum of
      Understanding between the United States and the State of Alaska
      dated September 2, 1972, to the extent that Public Land Orders
      Numbered 5150, 5151, 5181, 5182, 5184, 5187, 5190, 5194, and 5388
      by their terms continue to prohibit State selections of certain
      lands, such lands shall remain unavailable for future State
      selection except as provided by subsection (e) of this Act; (!1)

        (2) withdrawals pursuant to section 11 of the Alaska Native
      Claims Settlement Act [43 U.S.C. 1610], which are not finally
      conveyed pursuant to section 12, 14, or 19 of such Act [43 U.S.C.
      1611, 1613, or 1618];
        (3) classifications pursuant to the Classification and Multiple
      Use Act (78 Stat. 987);
        (4) classifications or designations pursuant to the National
      Forest Management Act (90 Stat. 2949) as amended; and
        (5) classifications, withdrawals exceeding 5,000 acres (except
      withdrawals exceeding 5,000 acres which the Congress, by
      concurrent resolution, approves within 180 days of the withdrawal
      or December 2, 1980, whichever occurs later), or designations
      pursuant to the Federal Land Policy and Management Act (90 Stat.
      2743) [43 U.S.C. 1701 et seq.].
    (k) Interim provisions
      Notwithstanding any other provision of law, on lands selected by,
    or granted or conveyed to, the State of Alaska under section 6 of
    the Alaska Statehood Act or this Act, but not yet tentatively
    approved to the State:
        (1) The Secretary is authorized to make contracts and grant
      leases, licenses, permits, rights-of-way, or easements, and any
      tentative approval or patent shall be subject to such contract,
      lease, license, permit, right-of-way, or easement; except that
      (A) the authority granted the Secretary by this subsection is
      that authority the Secretary otherwise would have had under
      existing laws and regulations had the lands not been selected by
      the State, and (B) the State has concurred prior to such action
      by the Secretary.
        (2) On and after December 2, 1980, 90 per centum of any and all
      proceeds derived from contracts, leases, licenses, permits,
      rights-of-way, or easements or from trespasses originating after
      the date of selection by the State shall be held by the Secretary
      until such lands have been tentatively approved to the State. As
      such lands are tentatively approved, the Secretary shall pay to
      the State from such account the proceeds allocable to such lands
      which are derived from contracts, leases, licenses, permits,
      rights-of-way, easements, or trespasses. The proceeds derived
      from contracts, leases, licenses, permits, rights-of-way,
      easements or trespasses and deposited to the account pertaining
      to lands selected by the State but not tentatively approved due
      to rejection or relinquishment shall be paid as would have been
      required by law were it not for the provisions of this Act. In
      the event that the tentative approval does not cover all of the
      land embraced within any contract, lease, license, permit, right-
      of-way, easement, or trespass, the State shall only be entitled
      to the proportionate amount of the proceeds derived from such
      contract, lease, license, permit, right-of-way, or easement,
      which results from multiplying the total of such proceeds by a
      fraction in which the numerator is the acreage of such contract,
      lease, license, permit, right-of-way, or easement which is
      included in the tentative approval and the denominator is the
      total acreage contained in such contract, lease, license, permit,
      right-of-way, or easement; in the case of trespass, the State
      shall be entitled to the proportionate share of the proceeds in
      relation to the damages occurring on the respective lands.
        (3) Nothing in this subsection shall relieve the State or the
      United States of any obligations under section 9 of the Alaska
      Native Claims Settlement Act [43 U.S.C. 1608] or the fourth
      sentence of section 6(h) of the Alaska Statehood Act.
    (l) Existing rights
      (1) All conveyances to the State under section 6 of the Alaska
    Statehood Act, this Act, or any other law, shall be subject to
    valid existing rights, to Native selection rights under the Alaska
    Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and to any
    right-of-way or easement reserved for or appropriated by the United
    States prior to selection of the underlying lands by the State of
    Alaska.
      (2) Where, prior to a conveyance to the State, a right-of-way or
    easement has been reserved for or appropriated by the United States
    or a contract, lease, permit, right-of-way, or easement has been
    issued for the lands, the conveyance shall contain provisions
    making it subject to the right-of-way or easement reserved or
    appropriated and to the contract, lease, license, permit, right-of-
    way, or easement issued or granted, and also subject to the right
    of the United States, contractee, lessee, licensee, permittee, or
    grantee to the complete enjoyment of all rights, privileges, and
    benefits previously granted, issued, reserved, or appropriated.
    Upon issuance of tentative approval, the State shall succeed and
    become entitled to any and all interests of the United States as
    contractor, lessor, licensor, permittor,(!2) or grantor, in any
    such contracts, leases, licenses, permits, rights-of-way, or
    easements, except those reserved to the United States in the
    tentative approval.

      (3) The administration of rights-of-way or easements reserved to
    the United States in the tentative approval shall be in the United
    States, including the right to grant an interest in such right-of-
    way or easement in whole or in part.
      (4) Where the lands tentatively approved do not include all of
    the land involved with any contract, lease, license, permit, right-
    of-way, or easement issued or granted, the administration of such
    contract, lease, license, permit, right-of-way, or easement shall
    remain in the United States unless the agency responsible for
    administration waives such administration.
      (5) Nothing in this subsection shall relieve the State or the
    United States of any obligations under section 9 of the Alaska
    Native Claims Settlement Act [43 U.S.C. 1608] or the fourth
    sentence of section 6(h) of the Alaska Statehood Act.
    (m) Extinguishment of certain time extensions
      Any extensions of time periods granted to the State pursuant to
    section 17(d)(2)(E) of the Alaska Native Claims Settlement Act [43
    U.S.C. 1616(d)(2)(E)] are hereby extinguished, and the time periods
    specified in subsections (a) and (b) of this section shall
    hereafter be applicable to State selections.
    (n) Effect on third-party rights
      (1) Nothing in this section shall alter the rights or obligations
    of any party with regard to section 12 of the Act of January 2,
    1976 (Public Law 94-204), sections 4 and 5 of the Act of October 4,
    1976 (Public Law 94-456), or section 3 of the Act of November 15,
    1977 (Public Law 94-178).
      (2) Any conveyance of land to or confirmation of prior selections
    of the State made by this Act or selections allowed under this Act
    shall be subject to the rights of Cook Inlet Region, Incorporated,
    to nominate lands outside of its region with such nominations to be
    superior to any selection made by the State after July 18, 1975,
    including any lands conveyed to the State pursuant to subsection
    (g) of this section, and to the duty of the Secretary, with consent
    of the State, to make certain lands within the Cook Inlet Region
    available to the Corporation, both in accordance with the
    provisions of section 12(b) of the Act of January 2, 1976 (Public
    Law 94-204), as amended.
      (3) Nothing in this chapter shall prejudice a claim of validity
    or invalidity regarding any third-party interest created by the
    State of Alaska prior to December 18, 1971, under authority of
    section 6(g) of the Alaska Statehood Act or otherwise.
      (4) Nothing in this Act shall affect any right of the United
    States or Alaska Natives to seek and receive damages against any
    party for trespass against, or other interference with, aboriginal
    interests if any, occurring prior to December 18, 1971.
    (o) Status of lands within units
      (1) Notwithstanding any other provision of law, subject to valid
    existing rights any land withdrawn pursuant to section 17(d)(1) of
    the Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(1)] and
    within the boundaries of any conservation system unit, National
    Recreation Area, National Conservation Area, new national forest or
    forest addition, shall be added to such unit and administered
    accordingly unless, before, on, or after December 2, 1980, such
    land has been validly selected by and conveyed to a Native
    Corporation, or unless before December 2, 1980, such land has been
    validly selected by, and after December 2, 1980, is conveyed to the
    State. At such time as the entitlement of any Native Corporation to
    land under the Alaska Native Claims Settlement Act [43 U.S.C. 1601
    et seq.] is satisfied, any land within a conservation system unit
    selected by such Native Corporation shall, to the extent that such
    land is in excess of its entitlement, become part of such unit and
    administered accordingly: Provided, That nothing in this subsection
    shall necessarily preclude the future conveyance to the State of
    those Federal lands which are specified in a list dated October 19,
    1979, submitted by the State of Alaska and on file with the Office
    of the Secretary: Provided further, That nothing in this subsection
    shall affect any conveyance to the State pursuant to subsections
    (b), (c), (d), or (g) of this section.
      (2) Until conveyed, all Federal lands within the boundaries of a
    conservation system unit, National Recreation Area, National
    Conservation Area, new national forest or forest addition, shall be
    administered in accordance with the laws applicable to such unit.
    (p) PYK line
      The second proviso of section 6(b) of the Alaska Statehood Act
    regarding Presidential approval of land selection north and west of
    the line described in section 10 of such Act shall not apply to any
    conveyance of land to the State pursuant to subsections (c), (d),
    and (g) of this section but shall apply to future State selections.

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 906, Dec. 2, 1980, 94 Stat. 2437;
    Pub. L. 108-452, title I, Sec. 102, Dec. 10, 2004, 118 Stat. 3577.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 4, 1915, as confirmed and transferred in section
    6(k) of the Alaska Statehood Act, referred to in subsec. (b)(1), is
    act Mar. 4, 1915, ch. 181, Sec. 1, 38 Stat. 1214, which was
    classified to section 353 of Title 48, Territories and Insular
    Possessions, and was repealed by section 6(k) of the Alaska
    Statehood Act, Pub. L. 85-508, Sec. 6(k), July 7, 1958, 72 Stat.
    343. See section 6(k) of the Alaska Statehood Act set out as a note
    preceding section 21 of Title 48.
      The Alaska Statehood Act, referred to in text, is Pub. L. 85-508,
    July 7, 1958, 72 Stat. 339, as amended, which is set out as a note
    preceding section 21 of Title 48. For complete classification of
    this Act to the Code, see Tables.
      The Alaska Native Claims Settlement Act, referred to in subsecs.
    (c)(1), (d)(1), (2), (6), (e), (h)(1), (l)(1), and (o)(1), is Pub.
    L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
    classified generally to chapter 33 (Sec. 1601 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1601 of this title and
    Tables.
      This Act, referred to in subsecs. (d)(1), (g), (k), (l)(1), and
    (n)(2), (4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
    amended, known as the Alaska National Interest Lands Conservation
    Act. For complete classification of this Act to the Code, see Short
    Title note set out under section 3101 of Title 16, Conservation,
    and Tables.
      The Classification and Multiple Use Act, referred to in subsec.
    (j)(3), probably means Pub. L. 88-607, Sept. 19, 1964, 78 Stat.
    986, which enacted sections 1411 to 1418 of this title, and was
    omitted from the Code.
      The National Forest Management Act, as amended, referred to in
    subsec. (j)(4), probably means the National Forest Management Act
    of 1976, Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended.
    For complete classification of this Act to the Code, see Short
    Title of 1976 Amendment note set out under section 1600 of Title
    16, Conservation, and Tables.
      The Federal Land Policy and Management Act, referred to in
    subsec. (j)(5), probably means the Federal Land Policy and
    Management Act of 1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
    2743, as amended, which is classified principally to chapter 35
    (Sec. 1701 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1701 of this title and Tables.
      Section 12 of the Act January 2, 1976 (Public Law 94-204),
    referred to in subsec. (n)(1) and (2), is section 12 of Pub. L. 94-
    204, Jan. 2, 1976, 89 Stat. 1150, as amended, which is set out as
    a note under section 1611 of this title.
      Sections 4 and 5 of the Act of October 4, 1976 (Public Law 94-
    456), referred to in subsec. (n)(1), are sections 4 and 5 of Pub.
    L. 94-456, Oct. 4, 1976, 90 Stat. 1935, which are set out as a note
    under section 1611 of this title.
      Section 3 of the Act of November 15, 1977 (Public Law 94-178),
    referred to in subsec. (n)(1), probably means section 3 of Pub. L.
    95-178, Nov. 15, 1977, 91 Stat. 1369, which enacted a provision set
    out as a note under section 1611 of this title and amended a
    provision set out as a note under section 1611 of this title.
      This chapter, referred to in subsec. (n)(3), was in the original
    "this title", meaning title IX of Pub. L. 96-487, Dec. 2, 1980, 94
    Stat. 2430, which enacted this chapter, amended sections 1614 and
    1620 of this title, and amended provisions set out as notes under
    section 1611 of this title and preceding section 21 of Title 48,
    Territories and Insular Possessions. For complete classification of
    title IX to the Code, see Tables.
      Section 10 of the Alaska Statehood Act, referred to in subsec.
    (p), is section 10 of Pub. L. 85-508, July 7, 1958, 72 Stat. 339,
    which is set out as a note preceding section 21 of Title 48.

-COD-
                               CODIFICATION                           
      Section is comprised of section 906 of Pub. L. 96-487. Subsecs.
    (a) and (f)(3) of section 906 of Pub. L. 96-487 amended section
    6(a) and (b), and section 6(g), respectively, of the Alaska
    Statehood Act, Pub. L. 85-508, July 7, 1958, 72 Stat. 339, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions.
      In subsec. (j)(5), "December 2, 1980" substituted for "the
    effective date of this Act", which probably meant the date of
    enactment of Pub. L. 96-487.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (h)(2). Pub. L. 108-452 designated first sentence
    as subpar. (A) and second sentence as cl. (i) of subpar. (B) and
    added cl. (ii) of subpar. (B).

      SELECTION OF CERTAIN REVERSIONARY INTERESTS HELD BY THE UNITED
                                  STATES
      Pub. L. 108-452, title I, Sec. 103, Dec. 10, 2004, 118 Stat.
    3577, provided that:
      "(a) In General. - All reversionary interests held by the United
    States in land owned by the State [of Alaska] or any political
    subdivision of the State and any Federal land leased by the State
    under the Act of August 23, 1950 (25 U.S.C. 293b), or the Act of
    June 4, 1953 (25 U.S.C. 293a), that is prioritized for conveyance
    by the State under section 906(h)(2) of the Alaska National
    Interest Lands Conservation Act (43 U.S.C. 1635(h)(2)) - 
        "(1) are deemed to be selected; and
        "(2) may, with the concurrence of the Secretary [of the
      Interior] or the head of the Federal agency with administrative
      jurisdiction over the land, be conveyed under section 6 of Public
      Law 85-508 (commonly known as the 'Alaska Statehood Act') (72
      Stat. 340) [set out as a note preceding section 21 of Title 48,
      Territories and Insular Possessions].
      "(b) Effect on Entitlement. - If, before the date of enactment of
    this Act [Dec. 10, 2004], the entitlement of the State has not been
    charged with respect to a parcel for which a reversionary interest
    is conveyed under subsection (a), the total acreage of the parcel
    shall be charged against the remaining entitlement of the State.
      "(c) Minimum Acreage Requirement Not Applicable. - The minimum
    acreage requirement under subsections (a) and (b) of section 6 of
    Public Law 85-508 (commonly known as the 'Alaska Statehood Act')
    (72 Stat. 340) shall not apply to the selection of reversionary
    interests under subsection (a).
      "(d) State Waiver. - On conveyance to the State of any
    reversionary interest selected under subsection (a), the State
    shall be deemed to have waived all right to any future credit
    should the reversion not occur.
      "(e) Limitation. - This section shall not apply to - 
        "(1) reversionary interests in land acquired by the United
      States through the use of amounts from the Exxon Valdez Oil Spill
      Trust Fund; or
        "(2) reversionary interests in any land conveyed to the State
      as a result of the 'Terms and Conditions for Land Consolidation
      and Management in Cook Inlet Area' as ratified by section 12 of
      Public Law 94-204 (43 U.S.C. 1611 note)."

                    SETTLEMENT OF REMAINING ENTITLEMENT                
      Pub. L. 108-452, title I, Sec. 106, Dec. 10, 2004, 118 Stat.
    3579, provided that:
      "(a) In General. - The Secretary [of the Interior] may enter into
    a binding written agreement with the State [of Alaska] with respect
    to - 
        "(1) the exact number and location of acres of land remaining
      to be conveyed under each entitlement established or confirmed by
      Public Law 85-508 (commonly known as the 'Alaska Statehood Act')
      (72 Stat. 340) [set out as a note preceding section 21 of Title
      48, Territories and Insular Possessions], from - 
          "(A) the land selected by the State as of January 3, 1994;
        and
          "(B) selections under the Act of January 21, 1929 (45 Stat.
        1091, chapter 92) [43 U.S.C. 852 note];
        "(2) the priority in which the land is to be conveyed;
        "(3) the relinquishment of selections which are not to be
      conveyed; and
        "(4) the survey of the exterior boundaries of the land to be
      conveyed.
      "(b) Consultation. - Before entering into an agreement under
    subsection (a), the Secretary shall ensure that any concerns or
    issues identified by any Federal agency potentially affected are
    given consideration.
      "(c) Errors. - The State, by entering into an agreement under
    subsection (a), shall receive any gain or bear any loss that
    results from errors in prior surveys, protraction diagrams, or the
    computation of the ownership of third parties on any land conveyed
    under an agreement entered into under subsection (a).
      "(d) Availability of Agreements. - Agreements entered into under
    subsection (a) shall be available for public inspection in the
    appropriate offices of the Department of the Interior.
      "(e) Effect. - Nothing in this section increases the entitlement
    provided to the State under Public Law 85-508 (commonly known as
    the 'Alaska Statehood Act') (72 Stat. 340), or the Act of January
    21, 1929 (45 Stat. 1091, chapter 92)."

                      EFFECT OF FEDERAL MINING CLAIMS                  
      Pub. L. 108-452, title I, Sec. 107, Dec. 10, 2004, 118 Stat.
    3580, provided that:
      "(a) Conditional Relinquishments. - 
        "(1) In general. - To facilitate the conversion of Federal
      mining claims to State [of Alaska] mining claims on land selected
      or topfiled by the State, a Federal mining claimant may file with
      the Secretary [of the Interior] a voluntary relinquishment of the
      Federal mining claim conditioned on conveyance of the land to the
      State.
        "(2) Conveyance of relinquished claim. - The Secretary may
      convey the land described in the relinquished Federal mining
      claim to the State if, with respect to the land - 
          "(A) the State has filed as of January 3, 1994 - 
            "(i) a selection application under Public Law 85-508
          (commonly known as the 'Alaska Statehood Act') (72 Stat. 339)
          [set out as a note preceding section 21 of Title 48,
          Territories and Insular Possessions]; or
            "(ii) a future selection application under section 906(e)
          of the Alaska National Interest Lands Conservation Act [(]43
          U.S.C. 1635(e)); and
          "(B) the land addressed by the selection application or
        future selection application is conveyed to the State.
        "(3) Obligations under federal law. - Until the date on which
      the land is conveyed under paragraph (2), a Federal mining
      claimant shall be subject to any obligations relating to the land
      under Federal law.
        "(4) No relinquishment. - If the land previously encumbered by
      the relinquished Federal mining claim is not conveyed to the
      State under paragraph (2), the relinquishment of land under
      paragraph (1) shall be of no effect.
      "(b) Rights-of-Way; Other Interest. - On conveyance to the State
    of a relinquished Federal mining claim under this section, the
    State shall assume authority over any leases, licenses, permits,
    rights-of-way, operating plans, other land use authorizations, or
    reclamation obligations applicable to the relinquished Federal
    mining claim on the date of conveyance."

                 FINAL PRIORITIZATION OF STATE SELECTIONS             
      Pub. L. 108-452, title IV, Sec. 404, Dec. 10, 2004, 118 Stat.
    3593, provided that:
      "(a) Filing of Final Priorities. - 
        "(1) In general. - The State [of Alaska] shall, not later than
      the date that is 4 years after the date of enactment of this Act
      [Dec. 10, 2004], in accordance with section 906(f)(1) of the
      Alaska National Interest Lands Conservation Act (43 U.S.C.
      1635(f)(1)), file final priorities with the Secretary [of the
      Interior] for all land grant entitlements to the State which
      remain unsatisfied on the date of the filing.
        "(2) Ranking. - All selection applications on file with the
      Secretary on the date specified in paragraph (1) shall - 
          "(A) be ranked on a Statewide basis in order of priority; and
          "(B) include an estimate of the acreage included in each
        selection.
        "(3) Inclusions. - The State shall include in the prioritized
      list land which has been top-filed under section 906(e) of the
      Alaska National Interest Lands Conservation Act (43 U.S.C.
      1635(e)).
        "(4) Acreage limitation. - 
          "(A) In general. - Acreage for top-filings shall not be
        counted against the 125 percent limitation established under
        section 906(f)(1) of the Alaska National Interest Lands
        Conservation Act (43 U.S.C. 1635(f)(1)).
          "(B) Relinquishment. - 
            "(i) In general. - The State shall relinquish any
          selections that exceed the 125 percent limitation.
            "(ii) Failure to relinquish. - If the State fails to
          relinquish a selection under clause (i), the Secretary shall
          reject the selection.
        "(5) Lower-priority selections. - Notwithstanding the
      prioritization of selection applications under paragraph (1), if
      the Secretary reserves sufficient entitlements for the top-filed
      selections, the Secretary may continue to convey lower-priority
      selections.
      "(b) Deadline for Prioritization. - 
        "(1) In general. - The State shall irrevocably prioritize
      sufficient selections to allow the Secretary to complete transfer
      of 101,000,000 acres by September 30, 2009.
        "(2) Reprioritization. - Any selections remaining after
      September 30, 2009, may be reprioritized.
      "(c) Financial Assistance. - The Secretary may, using amounts
    made available to carry out this Act [see Short Title of 2004
    Amendment note set out under section 1601 of this title], provide
    financial assistance to other Federal agencies, the State, and
    Native Corporations and entities to assist in completing the
    transfer of land by September 30, 2009."

-FOOTNOTE-               

    (!1) So in original. Probably should be "subsection (e) of this
         section;".

    (!2) So in original. Probably should be "permitter,".

-End-

-CITE-
    43 USC Sec. 1636                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1636. Alaska land bank

-STATUTE-
    (a) Establishment; agreements
      (1) In order to enhance the quantity and quality of Alaska's
    renewable resources and to facilitate the coordinated management
    and protection of Federal, State, and Native and other private
    lands, there is hereby established the Alaska Land Bank Program.
    Any private landowner is authorized as provided in this section to
    enter into a written agreement with the Secretary if his lands
    adjoin, or his use of such lands would directly affect, Federal
    land, Federal and State land, or State land if the State is not
    participating in the program. Any private landowner described in
    subsection (d)(1) of this section whose lands do not adjoin, or
    whose use of such lands would not directly affect either Federal or
    State lands also is entitled to enter into an agreement with the
    Secretary. Any private landowner whose lands adjoin, or whose use
    of such lands would directly affect, only State, or State and
    private lands, is authorized as provided in this section to enter
    into an agreement with the State of Alaska if the State is
    participating in the program. If the Secretary is the contracting
    party with the private landowner, he shall afford the State an
    opportunity to participate in negotiations and become a party to
    the agreement. An agreement may include all or part of the lands of
    any private landowner: Provided, That no lands shall be included in
    the agreement unless the Secretary, or the State, determines that
    the purposes of the program will be promoted by their inclusion.
      (2) If a private landowner consents to the inclusion in an
    agreement of the stipulations provided in subsections (b)(1),
    (b)(2), (b)(4), (b)(5), and (b)(7) of this section, and if such
    owner does not insist on any additional terms which are
    unacceptable to the Secretary or the State, as appropriate, the
    owner shall be entitled to enter into an agreement pursuant to this
    section. If an agreement is not executed within one hundred and
    twenty days of the date on which a private landowner communicates
    in writing his consent to the stipulations referred to in the
    preceding sentence, the appropriate Secretary or State agency head
    shall execute an agreement. Upon such execution, the private owner
    shall receive the benefits provided in subsection (c) hereof.
      (3) No agreement under this section shall be construed as
    affecting any land, or any right or interest in land, of any owner
    not a party to such agreement.
    (b) Terms of agreement
      Each agreement referred to in subsection (a) of this section
    shall have an initial term of ten years, with provisions, if any,
    for renewal for additional periods of five years. Such agreement
    shall contain the following terms:
        (1) The landowner shall not alienate, transfer, assign,
      mortgage, or pledge the lands subject to the agreement except as
      provided in section 14(c) of the Alaska Native Claims Settlement
      Act [43 U.S.C. 1613(c)], or permit development or improvement on
      such lands except as provided in the agreement. For the purposes
      of this section only, each agreement entered into with a
      landowner described in subsection (d)(1) of this section shall
      constitute a restriction against alienation imposed by the United
      States upon the lands subject to the agreement.
        (2) Lands subject to the agreement shall be managed by the
      owner in a manner compatible with the management plan, if any,
      for the adjoining Federal or State lands, and with the
      requirements of this subsection. If lands subject to the
      agreement do not adjoin either Federal or State lands, they shall
      be managed in a manner compatible with the management plan, if
      any, of Federal or State lands which would be directly affected
      by the use of such private lands. If no such plan has been
      adopted, or if the use of such private lands would not directly
      affect either Federal or State lands, the owner shall manage such
      lands in accordance with the provisions in paragraph (1) of this
      subsection. Except as provided in (3) (!1) of this subsection,
      nothing in this section or the management plan of any Federal or
      State agency shall be construed to require a private landowner to
      grant public access on or across his lands.

        (3) If the surface landowner so consents, such lands may be
      made available for local or other recreational use: Provided,
      That the refusal of a private landowner to permit the uses
      referred to in this subsection shall not be grounds for the
      refusal of the Secretary or the State to enter into an agreement
      with the landowner under this section.
        (4) Appropriate Federal and/or State agency heads shall have
      reasonable access to such privately owned land for purposes
      relating to the administration of the adjoining Federal or State
      lands, and to carry out their obligations under the agreement.
        (5) Reasonable access to such land by officers of the State
      shall be permitted for purposes of conserving fish and wildlife.
        (6) Those services or other consideration which the appropriate
      Secretary or the State shall provide to the owner pursuant to
      subsection (c)(1) of this section shall be set forth.
        (7) All or part of the lands subject to the agreement may be
      withdrawn from the Alaska land bank program not earlier than
      ninety days after the landowner - 
          (A) submits written notice thereof to the other parties which
        are signatory to the agreement; and
          (B) pays all Federal, State and local property taxes and
        assessments which, during the particular term then in effect,
        would have been incurred except for the agreement, together
        with interest on such taxes and assessments in an amount to be
        determined at the highest rate of interest charged with respect
        to delinquent property taxes by the Federal, State or local
        taxing authority, if any.

        (8) The agreement may contain such additional terms, which are
      consistent with the provisions of this section, as seem desirable
      to the parties entering into the agreement: Provided, That the
      refusal of the landowner to agree to any additional terms shall
      not be grounds for the refusal of the Secretary or the State to
      enter into an agreement with the landowner under this section.
    (c) Benefits to private landowners
      (1) In addition to any requirement of applicable law, the
    appropriate Secretary is authorized to provide technical and other
    assistance with respect to fire control, trespass control, resource
    and land use planning, and the protection, maintenance, and
    enhancement of any special values of the land subject to the
    agreement, all with or without reimbursement as agreed upon by the
    parties, so long as the landowner is in compliance with the
    agreement.
      (2) The provision of section 21(e) of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1620(e)] shall apply to all lands which
    are subject to an agreement made pursuant to this section so long
    as the parties to the agreement are in compliance therewith.
    (d) Automatic protections for lands conveyed pursuant to Alaska
      Native Claims Settlement Act
      (1)(A) Notwithstanding any other provision of law or doctrine of
    equity, all land and interests in land in Alaska conveyed by the
    Federal Government pursuant to the Alaska Native Claims Settlement
    Act [43 U.S.C. 1601 et seq.] to a Native individual or Native
    Corporation or subsequently reconveyed by a Native Corporation
    pursuant to section 39 of that Act [43 U.S.C. 1629e] to a
    Settlement Trust or conveyed to a Native Corporation pursuant to an
    exchange authorized by section 22(f) of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1621(f)] or section 3192(h) of title 16
    or other applicable law shall be exempt, so long as such land and
    interests are not developed or leased or sold to third parties from
    - 
        (i) adverse possession and similar claims based upon estoppel;
        (ii) real property taxes by any governmental entity;
        (iii) judgments resulting from a claim based upon or arising
      under - 
          (I) title 11 or any successor statute,
          (II) other insolvency or moratorium laws, or
          (III) other laws generally affecting creditors' rights;

        (iv) judgments in any action at law or in equity to recover
      sums owed or penalties incurred by a Native Corporation or
      Settlement Trust or any employee, officer, director, or
      shareholder of such corporation or trust, unless this exemption
      is contractually waived prior to the commencement of such action;
      and
        (v) involuntary distributions or conveyances related to the
      involuntary dissolution of a Native Corporation or Settlement
      Trust.

      (B) Except as otherwise provided (!2) specifically provided, the
    exemptions described in subparagraph (A) shall apply to any claim
    or judgment existing on or arising after February 3, 1988.

      (2) Definitions. - (A) For purposes of this subsection, the term -
     
        (i) "Developed" means a purposeful modification of land, or an
      interest in land, from its original state that effectuates a
      condition of gainful and productive present use without further
      substantial modification. Any such modification shall be
      performed by the Native individual or Native Corporation.
      Surveying, construction of roads, providing utilities, or other
      similar actions, which are normally considered to be component
      parts of the development process but do not create the condition
      described in the preceding sentence, shall not constitute a
      developed state within the meaning of this clause. In order to
      terminate the exemptions listed in paragraph (1), land, or an
      interest in land, must be developed for purposes other than
      exploration, and the exemptions will be terminated only with
      respect to the smallest practicable tract actually used in the
      developed state. Any lands previously developed by third-party
      trespassers shall not be considered to have been developed.; (!3)

        (ii) "Exploration" means the examination and investigation of
      undeveloped land to determine the existence of subsurface
      nonrenewable resources; and
        (iii) "Leased" means subjected to a grant of primary possession
      entered into for a gainful purpose with a determinable fee
      remaining in the hands of the grantor. With respect to a lease
      that conveys rights of exploration and development, the
      exemptions listed in paragraph (1) shall continue with respect to
      that portion of the leased tract that is used solely for the
      purposes of exploration.

      (B) For purposes of this subsection - 
        (i) land shall not be considered developed solely as a result
      of - 
          (I) the construction, installation, or placement upon such
        land of any structure, fixture, device, or other improvement
        intended to enable, assist, or otherwise further subsistence
        uses or other customary or traditional uses of such land, or
          (II) the receipt of fees related to hunting, fishing, and
        guiding activities conducted on such land;

        (ii) land upon which timber resources are being harvested shall
      be considered developed only during the period of such harvest
      and only to the extent that such land is integrally related to
      the timber harvesting operation;
        (iii) land subdivided by a State or local platting authority on
      the basis of a subdivision plat submitted by the holder of the
      land or its agent, shall be considered developed on the date an
      approved subdivision plat is recorded by such holder or agent
      unless the subdivided property is a remainder parcel; and
        (iv) lands or interest in lands shall not be considered
      developed or leased or sold to a third party as a result of an
      exchange or conveyance of such land or interest in land between
      or among Native Corporations and trusts, partnerships,
      corporations, or joint ventures, whose beneficiaries, partners,
      shareholders, or joint venturers are Native Corporations.

      (3) Action by a Trustee. - (A) Except as provided in this
    paragraph and in section 14(c)(3) of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1613(c)(3)] no trustee, receiver, or
    custodian vested pursuant to applicable Federal or State law with a
    right, title, or interest of a Native individual or Native
    Corporation shall - 
        (i) assign or lease to a third party,
        (ii) commence development or use of, or
        (iii) convey to a third party,

    any right, title, or interest in any land, or interests in land,
    subject to the exemptions described in paragraph (1).
      (B) The prohibitions of subparagraph (A) shall not apply - 
        (i) when the actions of such trustee, receiver, or custodian
      are for purposes of exploration or pursuant to a judgment in law
      or in equity (or arbitration award) arising out of any claim made
      pursuant to section 7(i) or section 14(c) of the Alaska Native
      Claims Settlement Act [43 U.S.C. 1606(i) or 1613(c)];
        (ii) to any land, or interest in land, which has been - 
          (I) developed or leased prior to the vesting of the trustee,
        receiver, or custodian with the right, title, or interest of
        the Native Corporation; or
          (II) expressly pledged as security for any loan or expressly
        committed to any commercial transaction in a valid agreement;
        or

        (iii) to actions by any trustee whose right, title, or interest
      in land or interests in land arises pursuant to an agreement
      between or among Native Corporations and trusts, partnerships, or
      joint ventures whose beneficiaries, partners, shareholders, or
      joint venturers are Native Corporations.

      (4) Exclusions, Reattachment of Exemptions. - (A) The exemptions
    listed in paragraph (1) shall not apply to any land, or interest in
    land, which is - 
        (i) developed or leased or sold to a third party;
        (ii) held by a Native Corporation in which neither - 
          (I) the Settlement Common Stock of the corporation,
          (II) the Settlement Common Stock of the corporation and other
        stock of the corporation held by holders of Settlement Common
        Stock, nor
          (III) the Settlement Common Stock of the corporation and
        other stock of the corporation held by holders of Settlement
        Common Stock and by Natives and descendants of Natives,

      represents a majority of either the total equity of the
      corporation or the total voting power of the corporation for the
      purposes of electing directors; or
        (iii) held by a Settlement Trust with respect to which any of
      the conditions set forth in section 39 of the Alaska Native
      Claims Settlement Act [43 U.S.C. 1629e] have been violated.

      (B) The exemptions described in clauses (iii), (iv), and (v) of
    paragraph (1)(A) shall not apply to any land, or interest in land -
    
        (i) to the extent that such land or interest is expressly
      pledged as security for any loan or expressly committed to any
      commercial transaction in a valid agreement, and
        (ii) to the extent necessary to enforce a judgment in any
      action at law or in equity (or any arbitration award) arising out
      of any claim made pursuant to section 7(i) or section 14(c) of
      the Alaska Native Claims Settlement Act [43 U.S.C. 1606(i) or
      1613(c)].

      (C) If the exemptions listed in paragraph (1) are terminated with
    respect to land, or an interest in land, as a result of development
    (or a lease to a third party), and such land, or interest in land,
    subsequently reverts to an undeveloped state (or the third-party
    lease is terminated), then the exemptions shall again apply to such
    land, or interest in land, in accordance with the provisions of
    this subsection.
      (5) Tax Recapture Upon Subdivision Plat Recordation. - (A) Upon
    the recordation with an appropriate government authority of an
    approved subdivision plat submitted by, or on behalf of, a Native
    individual, Native Corporation, or Settlement Trust with respect to
    land described in paragraph (1), such individual, corporation, or
    trust shall pay in accordance with this paragraph all State and
    local property taxes on the smallest practicable tract integrally
    related to the subdivision project that would have been incurred by
    the individual, corporation, or trust on such land (excluding the
    value of subsurface resources and timber) in the absence of the
    exemption described in paragraph (1)(A)(ii) during the thirty
    months prior to the date of the recordation of the plat.
      (B) State and local property taxes specified in subparagraph (A)
    of this paragraph (together with interest at the rate of 5 per
    centum per annum commencing on the date of recordation of the
    subdivision plat) shall be paid in equal semi-annual installments
    over a two-year period commencing on the date six months after the
    date of recordation of the subdivision plat.
      (C) At least thirty days prior to final approval of a plat of the
    type described in subparagraph (A), the government entity with
    jurisdiction over the plat shall notify the submitting individual,
    corporation, or trust of the estimated tax liability that would be
    incurred as a result of the recordation of the plat at the time of
    final approval.
      (6) Savings. - (A) No provision of this subsection shall be
    construed to impair, or otherwise affect, any valid contract or
    other obligation that was entered into prior to February 3, 1988.
      (B) Enactment of this subsection shall not affect any real
    property tax claim in litigation on February 3, 1988.
    (e) Condemnation
      All land subject to an agreement made pursuant to subsection (a)
    of this section and all land, and interests in land, conveyed or
    subsequently reconveyed pursuant to the Alaska Native Claims
    Settlement Act [43 U.S.C. 1601 et seq.] to a Native individual,
    Native Corporation, or Settlement Trust shall be subject to
    condemnation for public purposes in accordance with the provisions
    of this Act and other applicable law.
    (f) Existing contracts
      Nothing in this section shall be construed as impairing, or
    otherwise affecting in any manner, any contract or other obligation
    which was entered into prior to December 2, 1980, or which (1)
    applies to any land which is subject to an agreement, and (2) was
    entered into before the agreement becomes effective.
    (g) State jurisdiction
      Except as expressly provided in subsection (d) of this section,
    no provision of this section shall be construed as affecting the
    civil or criminal jurisdiction of the State of Alaska.

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 907, Dec. 2, 1980, 94 Stat. 2444;
    Pub. L. 100-241, Sec. 11, Feb. 3, 1988, 101 Stat. 1806; Pub. L. 105-
    333, Secs. 1, 2, Oct. 31, 1998, 112 Stat. 3129.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in subsecs.
    (d)(1)(A) and (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688,
    as amended, which is classified generally to chapter 33 (Sec. 1601
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of this
    title and Tables.
      This Act, referred to in subsec. (e), is Pub. L. 96-487, Dec. 2,
    1980, 94 Stat. 2371, as amended, known as the Alaska National
    Interest Lands Conservation Act. For complete classification of
    this Act to the Code, see Short Title note set out under section
    3101 of Title 16, Conservation, and Tables.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (d)(1)(A). Pub. L. 105-333, Sec. 1(a), in
    introductory provisions, inserted "or conveyed to a Native
    Corporation pursuant to an exchange authorized by section 22(f) of
    the Alaska Native Claims Settlement Act or section 3192(h) of title
    16 or other applicable law" after "Settlement Trust".
      Subsec. (d)(2)(A)(i). Pub. L. 105-333, Sec. 2(3), which directed
    the amendment of cl. (i) by adding "Any lands previously developed
    by third-party trespassers shall not be considered to have been
    developed." without specifying where the language was to be added,
    was executed by adding the language before the semicolon at the end
    to reflect the probable intent of Congress.
      Pub. L. 105-333, Sec. 2(1), (2), inserted "Any such modification
    shall be performed by the Native individual or Native Corporation."
    after "substantial modification." and inserted a period after
    "developed state" the second place it appeared.
      Subsec. (d)(2)(B)(iv). Pub. L. 105-333, Sec. 1(b), added cl.
    (iv).
      Subsec. (d)(3)(B)(iii). Pub. L. 105-333, Sec. 1(c), added cl.
    (iii).
      1988 - Subsec. (a)(1). Pub. L. 100-241, Sec. 11(1), (2),
    substituted "subsection (d)(1) of this section" for "subsection
    (c)(2) of this section" and "no lands shall be included" for "lands
    not owned by landowners described in subsection (c)(2) of this
    section shall not be included".
      Subsec. (b)(1). Pub. L. 100-241, Sec. 11(1), substituted
    "subsection (d)(1) of this section" for "subsection (c)(2) of this
    section".
      Subsec. (c). Pub. L. 100-241, Sec. 11(3), amended subsec. (c)
    generally, changing structure of subsection from one consisting of
    introductory provisions and four numbered paragraphs to one
    consisting of two numbered paragraphs.
      Pub. L. 100-241, Sec. 11(1), substituted "subsection (d)(1) of
    this section" for "subsection (c)(2) of this section" in pars. (3)
    and (4)(A).
      Subsec. (d). Pub. L. 100-241, Sec. 11(3), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows:
    "Notwithstanding any other provision of this section, unless the
    landowner decides otherwise, the benefits specified in subsection
    (d)(1) of this section shall apply to lands conveyed pursuant to
    the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],
    or sections 1631 and 1632 of this title for a period of three years
    from the date of conveyance or December 2, 1980, whichever is
    later: Provided, That this subsection shall not apply to any lands
    which on December 2, 1980, are the subject of a mortgage, pledge or
    other encumbrance."
      Pub. L. 100-241, Sec. 11(1), substituted "subsection (d)(1) of
    this section" for "subsection (c)(2) of this section".
      Subsec. (e). Pub. L. 100-241, Sec. 11(3), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "The
    provisions of section 21(e) of the Alaska Native Claims Settlement
    Act [43 U.S.C. 1620(e)] shall apply to all lands which are subject
    to an agreement under this section so long as the parties to the
    agreement are in compliance therewith."
      Subsec. (g). Pub. L. 100-241, Sec. 11(4), added subsec. (g).

-FOOTNOTE-
    (!1) So in original. Probably should be "paragraph (3)".

    (!2) So in original. The word "provided" probably should not
         appear.

               

    (!3) So in original. The period probably should not appear.

-End-

-CITE-
    43 USC Sec. 1637                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1637. Use of protraction diagrams

-STATUTE-
      With the agreement of the party to whom a patent is to be issued
    under this chapter, or the Alaska Native Claims Settlement Act [43
    U.S.C. 1601 et seq.], the Secretary, in his discretion, may base
    such patent on protraction diagrams in lieu of field surveys. Any
    person or corporation receiving a patent under this chapter or the
    Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] on the
    basis of a protraction diagram shall receive any gain or bear any
    loss of acreage due to errors, if any, in such protraction diagram.

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 909, Dec. 2, 1980, 94 Stat. 2447.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in text, is
    Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
    classified generally to chapter 33 (Sec. 1601 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1601 of this title and
    Tables.

-End-

-CITE-
    43 USC Sec. 1638                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1638. National Environmental Policy Act

-STATUTE-
      The National Environmental Policy Act of 1969 (83 Stat. 852) [42
    U.S.C. 4321 et seq.] shall not be construed, in whole or in part,
    as requiring the preparation or submission of an environmental
    impact statement for withdrawals, conveyances, regulations, orders,
    easement determinations, or other actions which lead to the
    issuance of conveyances to Natives or Native Corporations, pursuant
    to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
    seq.], or this Act. Nothing in this section shall be construed as
    affirming or denying the validity of any withdrawals by the
    Secretary under section 14(h)(3) of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1613(h)(3)].

-SOURCE-
    (Pub. L. 96-487, title IX, Sec. 910, Dec. 2, 1980, 94 Stat. 2447.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
    which is classified generally to chapter 55 (Sec. 4321 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The Alaska Native Claims Settlement Act, referred to in text, is
    Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
    classified generally to chapter 33 (Sec. 1601 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1601 of this title and
    Tables.
      This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
    94 Stat. 2371, as amended, known as the Alaska National Interest
    Lands Conservation Act. For complete classification of this Act to
    the Code, see Short Title note set out under section 3101 of Title
    16, Conservation, and Tables.

-End-

-CITE-
    43 USC Sec. 1639                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1639. Construction with Alaska Native Claims Settlement Act

-STATUTE-
      Except as specifically provided in this Act, (i) the provisions
    of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]
    are fully applicable to this Act, and (ii) nothing in this Act
    shall be construed to alter or amend any of such provisions.

-SOURCE-
    (Pub. L. 96-487, title XIV, Sec. 1412, Dec. 2, 1980, 94 Stat.
    2498.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
    94 Stat. 2371, as amended, known as the Alaska National Interest
    Lands Conservation Act. For complete classification of this Act to
    the Code, see Short Title note set out under section 3101 of Title
    16, Conservation, and Tables.
      The Alaska Native Claims Settlement Act, referred to in cl. (i),
    is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which
    is classified generally to chapter 33 (Sec. 1601 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1601 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title IX of Pub. L. 96-487
    which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 1640                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1640. Relinquishment of selections partly within conservation
      units

-STATUTE-
      Whenever a valid State or Native selection is partly in and
    partly out of the boundary of a conservation system unit,
    notwithstanding any other provision of law to the contrary, the
    State or any Native Corporation may relinquish its rights in any
    portion of any validly selected Federal land, including land
    underneath waters, which lies within the boundary of the
    conservation system unit. Upon relinquishment, the Federal land
    (including land underneath waters) so relinquished within the
    boundary of the conservation system unit shall become, and be
    administered as, a part of the conservation system unit. The total
    land entitlement of the State or Native Corporation shall not be
    affected by such relinquishment. In lieu of the lands and waters
    relinquished by the State, the State may select pursuant to the
    Alaska Statehood Act as amended by this Act, an equal acreage of
    other lands available for such purpose. The Native Corporation may
    retain an equal acreage from overselection lands on which selection
    applications were otherwise properly and timely filed. A
    relinquishment pursuant to this section shall not invalidate an
    otherwise valid State or Native Corporation land selection outside
    the boundaries of the conservation system unit, on the grounds
    that, after such relinquishment, the remaining portion of the land
    selection no longer meets applicable requirements of size,
    compactness, or contiguity, or that the portion of the selection
    retained immediately outside the conservation system unit does not
    follow section lines along the boundary of the conservation system
    unit. The validity of the selection outside such boundary shall not
    be adversely affected by the relinquishment.

-SOURCE-
    (Pub. L. 96-487, title XIV, Sec. 1415, Dec. 2, 1980, 94 Stat.
    2499.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Statehood Act as amended by this Act, referred to in
    text, is Pub. L. 85-508, July 7, 1958, 72 Stat. 339 as amended by
    Pub. L. 96-487, Dec. 2, 1980, 96 Stat. 2371, which is set out as a
    note preceding section 21 of Title 48, Territories and Insular
    Possessions.
      This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
    94 Stat. 2371, as amended, known as the Alaska National Interest
    Lands Conservation Act. For complete classification of this Act to
    the Code, see Short Title note set out under section 3101 of Title
    16, Conservation, and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title IX of Pub. L. 96-487
    which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 1641                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1641. Conveyances to Village Corporations

-STATUTE-
    (a) Optional procedure
      The provisions of this section shall be applicable only to the
    conveyance of Federal lands described herein to a Native
    Corporation which within one hundred and eighty days after December
    2, 1980, or the date of eligibility determination, whichever is
    later, files a document with the Secretary setting forth its
    election to receive conveyance pursuant to this section.
    (b) "Core" townships, etc.
      (1)(A) Except to the extent that conveyance of a surface estate
    would be inconsistent with section 12(a), 14(a), 14(b), or 22(l) of
    the Alaska Native Claims Settlement Act [43 U.S.C. 1611(a),
    1613(a), 1613(b), or 1621(l)], subject to valid existing rights and
    section 1633(a) of this title, there is hereby conveyed to and
    vested in each Village Corporation for a Native Village which is
    determined by the Secretary to be eligible for land under section
    11 or 16 of the Alaska Native Claims Settlement Act [43 U.S.C. 1610
    or 1615] and which did not elect to acquire a former reserve under
    section 19(b) of such Act [43 U.S.C. 1618(b)], all of the right,
    title, and interest of the United States in and to the surface
    estate in the public lands, as defined in such Act [43 U.S.C. 1601
    et seq.], in the township or townships withdrawn pursuant to
    section 11(a)(1) or 16(a) of such Act [43 U.S.C. 1610(a)(1) or
    1615(a)] in which all or any part of such Village is located. As
    used in this paragraph the term "Native Village" has the same
    meaning such term has in section 3(c) of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1602(c)].
      (B) Where two or more Village Corporations are entitled to the
    same land by virtue of the same township or townships embracing all
    or part of the Native Villages, the conveyance made by paragraph
    (A) shall not be effective as to such lands until an arbitration
    decision or other binding agreement between or among the
    Corporations is filed with and published by the Secretary. Within
    thirty days of receipt of such decision or agreement, the Secretary
    shall publish notice of the decision or agreement in the Federal
    Register. Effective with such publication, title to the lands
    conveyed by subparagraph (A) shall vest in the Village Corporation
    as specified in the decision or agreement. For purposes of section
    1632 of this title, until title vests in the Village Corporation
    pursuant to this subparagraph, the Secretary shall consider the
    entire acreage involved chargeable to each Corporation's
    entitlement.
      (2) Except to the extent that conveyance of a surface estate
    would be inconsistent with section 12(a), 14(a), or 22(l) of the
    Alaska Native Claims Settlement Act [43 U.S.C. 1611(a), 1613(a), or
    1621(l)], subject to valid existing rights and section 1633(a) of
    this title, there is hereby conveyed to and vested in each Village
    Corporation for a Native Village which is determined by the
    Secretary to be eligible for land under section 11 of such Act [43
    U.S.C. 1610], and which did not elect to acquire a former reserve
    under section 19(b) of such Act [43 U.S.C. 1618(b)], all of the
    right, title, and interest of the United States in and to the
    surface estate in the township or townships withdrawn pursuant to
    section 11(a)(2) of such Act [43 U.S.C. 1610(a)(2)] in which all or
    any part of such village is located: Provided, That any such land
    reserved to or selected by the State of Alaska under the Acts of
    March 4, 1915 (38 Stat. 1214), as amended, January 21, 1929 (45
    Stat. 1091), as amended, or July 28, 1956 (70 Stat. 709), and lands
    selected by the State which have been tentatively approved to the
    State under section 6(g) of the Alaska Statehood Act and as to
    which the State, prior to December 18, 1971, had conditionally
    granted title to, or contracts to purchase, the surface estate to
    third parties, including cities and boroughs within the State, and
    such reservations, selections, grants, and contracts had not
    expired or been relinquished or revoked by December 2, 1980, shall
    not be conveyed by operation of this paragraph: And provided
    further, That the provisions of subparagraph (1)(B) of this
    subsection shall apply to the conveyances under this paragraph.
      (3) Subject to valid existing rights and section 1633(a) of this
    title, there is hereby conveyed to and vested in each Village
    Corporation which, by December 2, 1980, is determined by the
    Secretary to be eligible under the Alaska Native Claims Settlement
    Act [43 U.S.C. 1601 et seq.] to, and has elected to, acquire title
    to any estate pursuant to section 19(b) of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1618(b)], all of the right, title, and
    interest of the United States in and to the estates in a reserve,
    as such reserve existed on December 18, 1971, which was set aside
    for the use or benefit of the stockholders or members of such
    Corporation before December 18, 1971. Nothing in this paragraph
    shall apply to the Village Corporation for the Native village of
    Klukwan, which Corporation shall receive those rights granted to it
    by the Act of January 2, 1976 (Public Law 94-204) as amended by the
    Act of October 4, 1976 (Public Law 94-456).
      (4) Subject to valid existing rights and section 1633(a) of this
    title, and except where such lands are within a National Wildlife
    Refuge or the National Petroleum Reserve - Alaska, for which the
    Regional Corporation obtains in-lieu rights pursuant to section
    12(a)(1) of the Alaska Native Claims Settlement Act [43 U.S.C.
    1611(a)(1)], there is hereby conveyed to and vested in each
    Regional Corporation which, as a result of a conveyance of a
    surface estate by operation of paragraphs (1) and (2) of this
    subsection, is entitled under section 14(f) of the Alaska Native
    Claims Settlement Act [43 U.S.C. 1613(f)] to receive the subsurface
    estate corresponding to such surface estate, all of the right,
    title, and interest of the United States in and to such subsurface
    estate.
    (c) Documents
      As soon as possible after December 2, 1980, the Secretary shall
    issue to each Native Corporation referred to in subsection (b) of
    this section interim conveyances or patents to the estate or
    estates conveyed to such Corporation by such subsection, but title
    shall be deemed to have passed on the date of the filing of a
    document of election described in subsection (a) of this section,
    notwithstanding any delay in the issuance of the interim
    conveyances or patents.
    (d) Reconveyances; disputes
      A Village Corporation's obligation to reconvey lands under
    section 14(c) of the Alaska Native Claims Settlement Act [43 U.S.C.
    1613(c)] shall arise only upon receipt of an interim conveyance or
    patent, whichever is earlier, under subsection (c) of this section
    or under such Act [43 U.S.C. 1601 et seq.]. For purposes of the
    Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],
    legislative conveyances made by, or interim conveyances and patents
    issued pursuant to, this title shall have the same effect as if
    issued pursuant to sections 14(a), 14(b), 14(f), and 19(b) of the
    Alaska Native Claims Settlement Act [43 U.S.C. 1613(a), 1613(b),
    1613(f), and 1618(b)] and shall be deemed to have been so issued.
    Disputes between or among Native Corporations arising from
    conveyances under this Act shall be resolved by a board of
    arbitrators of a type described in section 12(e) of the Alaska
    Native Claims Settlement Act [43 U.S.C. 1611(e)] pertaining to
    disputes over land selection rights and the boundaries of Village
    Corporations.
    (e) Existing rights
      All conveyances made by operation of this section shall be
    subject to the terms and conditions of the Alaska Native Claims
    Settlement Act [43 U.S.C. 1601 et seq.] as if such conveyances or
    patents had been made or issued pursuant to that Act.
    (f) Easements
      For a period of one year from December 2, 1980, the Secretary may
    identify and issue a decision to reserve in the patent those
    easements, pursuant to section 17(b)(3) of the Alaska Native Claims
    Settlement Act, which are described in section 17(b)(1) of such Act
    on lands conveyed by this section, but the Secretary shall not
    reserve a greater number of easements or more land for a particular
    easement or easements than is reasonably necessary and he shall be
    guided by the principles of section 1633 of this title. Upon the
    finality of the decision so issued, such easements shall be
    reserved in the conveyance document or documents issued by the
    Secretary as required by this section.
    (g) "Native Corporation" defined
      For purposes of this section, the term "Native Corporation" means
    Village Corporations and Regional Corporations.

-SOURCE-
    (Pub. L. 96-487, title XIV, Sec. 1437, Dec. 2, 1980, 94 Stat.
    2546.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in subsecs.
    (b)(1)(A), (3), (d), and (e), is Pub. L. 92-203, Dec. 18, 1971, 85
    Stat. 688, as amended, which is classified generally to chapter 33
    (Sec. 1601 et seq.) of this title. Section 17(b) of the Act was
    classified to section 1616(b) of this title and was omitted from
    the Code. For complete classification of this Act to the Code, see
    Short Title note set out under section 1601 of this title and
    Tables.
      Act of March 4, 1915, as amended, referred to in subsec. (b)(2),
    is act Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended, which
    enacted section 353 of Title 48, Territories and Insular
    Possessions, and a provision set out as a note under section 852 of
    this title. Section 353 of Title 48 was repealed by Pub. L. 85-508,
    Sec. 6(k), July 7, 1958, 72 Stat. 343. For complete classification
    of this Act to the Code, see Tables.
      Act of January 21, 1929, as amended, referred to in subsec.
    (b)(2), is act Jan. 21, 1929, ch. 92, 45 Stat. 1091, as amended,
    which is set out as a note under section 852 of this title. For
    complete classification of this Act to the Code, see Tables.
      Act July 28, 1956, referred to in subsec. (b)(2), is act July 28,
    1956, ch. 772, 70 Stat. 709, as amended. For complete
    classification of this Act to the Code, see Tables.
      Section 6(g) of the Alaska Statehood Act, referred to in subsec.
    (b)(2), is section 6(g) of Pub. L. 85-508, July 7, 1948, 72 Stat.
    339, which is set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions.
      Act of January 2, 1976 (Public Law 94-204) as amended by the Act
    of October 4, 1976 (Public Law 94-456), referred to in subsec.
    (b)(3), is Pub. L. 94-204, Jan. 2, 1976, 89 Stat. 1145, as amended,
    which enacted sections 1625 to 1627 of this title, amended sections
    1615, 1616, 1620, and 1621 of this title, and enacted provisions
    set out as notes under sections 1604, 1605, 1611, 1613, 1618, and
    1625 of this title, as amended by Pub. L. 94-456, Oct. 4, 1976, 90
    Stat. 1934, which amended section 1615 of this title and provisions
    set out as notes under section 1611 of this title. For complete
    classification of these Acts to the Code, see Tables.
      This title, referred to in subsec. (d), is title XIV of Pub. L.
    96-487, Dec. 2, 1980, 94 Stat. 2491, which enacted sections 1639 to
    1641 of this title, amended sections 1602, 1606, 1607, 1611, 1613,
    1620, and 1621 of this title, enacted provisions set out as notes
    under sections 1605, 1613, and 1618 of this title, and amended
    provisions set out as notes under sections 1611 and 1613 of this
    title. For complete classification of title XIV to the Code, see
    Tables.
      This Act, referred to in subsec. (d), is Pub. L. 96-487, Dec. 2,
    1980, 94 Stat. 2371, as amended, known as the Alaska National
    Interest Lands Conservation Act. For complete classification of
    this Act to the Code, see Short Title note set out under section
    3101 of Title 16, Conservation, and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of title IX of Pub. L. 96-487
    which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 1642                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
                   ALASKA STATEHOOD              

-HEAD-
    Sec. 1642. Land conveyances

-STATUTE-
      Solely for the purpose of bringing claims that arise from the
    discharge of oil, the Congress confirms that all right, title, and
    interest of the United States in and to the lands validly selected
    pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601
    et seq.) by Alaska Native corporations are deemed to have vested in
    the respective corporations as of March 23, 1989. This section
    shall take effect with respect to each Alaska Native corporation
    only upon its irrevocable election to accept an interim conveyance
    of such land and notice of such election has been formally
    transmitted to the Secretary of the Interior.

-SOURCE-
    (Pub. L. 96-487, title XIV, Sec. 1438, as added Pub. L. 101-380,
    title VIII, Sec. 8301, Aug. 18, 1990, 104 Stat. 572.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in text, is
    Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
    classified generally to chapter 33 (Sec. 1601 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1601 of this title and
    Tables.

-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to incidents occurring after Aug. 18, 1990,
    see section 1020 of Pub. L. 101-380, set out as a note under
    section 2701 of Title 33, Navigation and Navigable Waters.

-End-

-CITE-
    43 USC CHAPTER 34 - TRANS-ALASKA PIPELINE                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-
                    CHAPTER 34 - TRANS-ALASKA PIPELINE                

-MISC1-
    Sec.                                                     
    1651.       Congressional findings and declaration.               
    1652.       Authorizations for construction.                      
                  (a)  Congressional declaration of purpose.          
                  (b)  Issuance, administration, and enforcement of
                        rights-of-way, permits, leases, and other
                        authorizations.                               
                  (c)  Applicability of statutes governing
                        rights-of-way for pipelines through Federal
                        lands; other statutory terms and conditions;
                        waiver of procedural requirements; supersedure
                        of administrative authorizations for
                        construction.                                 
                  (d)  National Environmental Policy Act of 1969
                        bypassed; issuance of authorizations for
                        construction and operation not to be subject
                        to judicial review; time limits on charges of
                        invalidity or unconstitutionality;
                        jurisdiction; hearings; review.               
                  (e)  Amendment or modification of rights-of-way,
                        permits, leases, or other authorizations.     
    1653.       Liability for damages.                                
                  (a)  Activities along or in vicinity of pipeline
                        right-of-way; strict liability; limitation on
                        liability; subrogation; emergency subsistence
                        and other aid; exemption for State of Alaska. 
                  (b)  Control and removal of pollutants at expense of
                        right-of-way holder.                          
    1654.       Antitrust laws.                                       
    1655.       Roads and airports.                                   
    1656.       Civil penalties.                                      
                  (a)  Penalty.                                       
                  (b)  Persons liable.                                
                  (c)  Amount.                                        
                  (d)  Procedures.                                    
                  (e)  State law.                                     

-End-

-CITE-
    43 USC Sec. 1651                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-
    Sec. 1651. Congressional findings and declaration

-STATUTE-
      The Congress finds and declares that:
      (a) The early development and delivery of oil and gas from
    Alaska's North Slope to domestic markets is in the national
    interest because of growing domestic shortages and increasing
    dependence upon insecure foreign sources.
      (b) The Department of the Interior and other Federal agencies,
    have, over a long period of time, conducted extensive studies of
    the technical aspects and of the environmental, social, and
    economic impacts of the proposed trans-Alaska oil pipeline,
    including consideration of a trans-Canada pipeline.
      (c) The earliest possible construction of a trans-Alaska oil
    pipeline from the North Slope of Alaska to Port Valdez in that
    State will make the extensive proven and potential reserves of low-
    sulfur oil available for domestic use and will best serve the
    national interest.
      (d) A supplemental pipeline to connect the North Slope with a
    trans-Canada pipeline may be needed later and it should be studied
    now, but it should not be regarded as an alternative for a trans-
    Alaska pipeline that does not traverse a foreign country.

-SOURCE-
    (Pub. L. 93-153, title II, Sec. 202, Nov. 16, 1973, 87 Stat. 584.)

-MISC1-
                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-380, title VIII, Sec. 8001, Aug. 18, 1990, 104 Stat.
    564, provided that: "This title [enacting sections 1642 and 1656 of
    this title, amending sections 1350 and 1653 of this title and
    section 3145 of Title 16, Conservation, and enacting provisions set
    out as notes under this section and section 1653 of this title] may
    be cited as the 'Trans-Alaska Pipeline System Reform Act of 1990'."

                                SHORT TITLE                            
      Section 201 of title II of Pub. L. 93-153 provided that: "This
    title [enacting this chapter] may be cited as the 'Trans-Alaska
    Pipeline Authorization Act'."

                               SEPARABILITY                           
      Section 411 of Pub. L. 93-153 provided that: "If any provision of
    this Act [enacting this chapter, section 1456a of this title, and
    section 3512 of Title 44, Public Printing and Documents, amending
    section 1608 of this title, sections 45, 46, 53, and 56 of Title
    15, Commerce and Trade, section 185 of Title 30, Mineral Lands and
    Mining, section 3502 of Title 44, and section 391a of former Title
    46, Shipping, and enacting provisions set out as notes under
    sections 1608 and 1651 of this title, section 1904 of Title 12,
    Banks and Banking, section 45 of Title 15, section 791a of Title
    16, Conservation, and section 1221 of Title 33, Navigation and
    Navigable Waters] or the applicability thereof is held invalid the
    remainder of this Act shall not be affected thereby."

                          PRESIDENTIAL TASK FORCE                      
      Pub. L. 101-380, title VIII, Sec. 8103, Aug. 18, 1990, 104 Stat.
    567, established a Presidential Task Force on the Trans-Alaska
    Pipeline System, to conduct an audit of the Trans-Alaska Pipeline
    System and make recommendations to the President, Congress, and the
    Governor of Alaska, authorized appropriations for the Task Force,
    and required it to transmit its final report to the President,
    Congress, and the Governor no later than 2 years after the date on
    which funding was made available.

           NORTH SLOPE CRUDE OIL; REPORT ON EQUITABLE ALLOCATION       
      Pub. L. 94-586, Sec. 18, Oct. 22, 1976, 90 Stat. 2916, directed
    that the President, within 6 months of Oct. 22, 1976, determine
    special expediting procedures necessary to insure the equitable
    allocation of North Slope crude oil to the Northern Tier States of
    Washington, Oregon, Idaho, Montana, Illinois, Indiana, and Idaho to
    carry out the provisions of section 410 of Pub. L. 93-153 [set out
    below], and to report his findings to Congress, such report to
    include a statement demonstrating the impact that the delivery
    system would have on reducing the dependency of New England and the
    Middle Atlantic States on foreign oil imports.

    TRANS-CANADA PIPELINE; NEGOTIATIONS WITH CANADA; FEASIBILITY STUDY
      Title III (Secs. 301-303) of Pub. L. 93-153 authorized the
    President to enter into negotiations with the Government of Canada
    to determine Canadian willingness to permit construction of
    pipelines or other transportation systems across its territory to
    bring gas and oil from Alaska's North Slope to the United States;
    the need for intergovernmental agreements to protect interests of
    any parties involved with construction, operation, and maintenance
    of such natural gas or oil transportation systems; terms and
    conditions for construction across Canadian territory; desirability
    of joint studies to insure environmental protection, reduce
    regulatory uncertainty, and insure meeting energy requirements;
    quantity of oil and gas for which Canada would guarantee transit;
    and acquisition of other energy sources so as to make unnecessary
    the shipment of oil from the Alaska pipeline by tanker into the
    Puget Sound area. The President was to report to Congress on
    actions taken and recommendations for further action. In addition,
    the Secretary of the Interior was to investigate, and to report to
    Congress within 2 years of Nov. 16, 1973, as to the feasibility of
    oil or gas pipelines from the North Slope of Alaska to connect with
    a pipeline through Canada that would deliver oil or gas to United
    States markets. Nothing in title III was to limit the authority of
    the Secretary or any other Federal official to grant a gas or oil
    pipeline right-of-way or permit, which that official was otherwise
    authorized by law to grant.

    EXCLUSION OF PERSONS FROM TRANS-ALASKA PIPELINE ACTIVITIES ON BASIS
         OF RACE, CREED, COLOR, NATIONAL ORIGIN, OR SEX PROHIBITED
      Section 403 of Pub. L. 93-153 provided that: "The Secretary of
    the Interior shall take such affirmative action as he deems
    necessary to assure that no person shall, on the grounds of race,
    creed, color, national origin, or sex, be excluded from receiving,
    or participating in any activity conducted under, any permit, right-
    of-way, public land order, or other Federal authorization granted
    or issued under title II [this chapter]. The Secretary of the
    Interior shall promulgate such rules as he deems necessary to carry
    out the purposes of this subsection and may enforce this
    subsection, and any rules promulgated under this subsection,
    through agency and department provisions and rules which shall be
    similar to those established and in effect under title VI of the
    Civil Rights Act of 1964 [section 2000d et seq. of Title 42, The
    Public Health and Welfare]."

               EQUITABLE ALLOCATION OF NORTH SLOPE CRUDE OIL           
      Section 410 of Pub. L. 93-153 provided that: "The Congress
    declares that the crude oil on the North Slope of Alaska is an
    important part of the Nation's oil resources, and that the benefits
    of such crude oil should be equitably shared, directly or
    indirectly, by all regions of the country. The President shall use
    any authority he may have to insure an equitable allocation of
    available North Slope and other crude oil resources and petroleum
    products among all regions and all of the several States."

-End-

-CITE-
    43 USC Sec. 1652                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-
    Sec. 1652. Authorizations for construction

-STATUTE-
    (a) Congressional declaration of purpose
      The purpose of this chapter is to insure that, because of the
    extensive governmental studies already made of this project and the
    national interest in early delivery of North Slope oil to domestic
    markets, the trans-Alaska oil pipeline be constructed promptly
    without further administrative or judicial delay or impediment. To
    accomplish this purpose it is the intent of the Congress to
    exercise its constitutional powers to the fullest extent in the
    authorizations and directions herein made and in limiting judicial
    review of the actions taken pursuant thereto.
    (b) Issuance, administration, and enforcement of rights-of-way,
      permits, leases, and other authorizations
      The Congress hereby authorizes and directs the Secretary of the
    Interior and other appropriate Federal officers and agencies to
    issue and take all necessary action to administer and enforce
    rights-of-way, permits, leases, and other authorizations that are
    necessary for or related to the construction, operation, and
    maintenance of the trans-Alaska oil pipeline system, including
    roads and airstrips, as that system is generally described in the
    Final Environmental Impact Statement issued by the Department of
    the Interior on March 20, 1972. The route of the pipeline may be
    modified by the Secretary to provide during construction greater
    environmental protection.
    (c) Applicability of statutes governing rights-of-way for pipelines
      through Federal lands; other statutory terms and conditions;
      waiver of procedural requirements; supersedure of administrative
      authorizations for construction
      Rights-of-way, permits, leases, and other authorizations issued
    pursuant to this chapter by the Secretary shall be subject to the
    provisions of section 185 of title 30, as amended by Pub. L. 93-153
    (except the provisions of subsections (h)(1), (k), (q), (w)(2), and
    (x)); all authorizations issued by the Secretary and other Federal
    officers and agencies pursuant to this chapter shall include the
    terms and conditions required, and may include the terms and
    conditions permitted, by the provisions of law that would otherwise
    be applicable if this chapter had not been enacted, and they may
    waive any procedural requirements of law or regulation which they
    deem desirable to waive in order to accomplish the purposes of this
    chapter. The direction contained in subsection (b) of this section
    shall supersede the provisions of any law or regulation relating to
    an administrative determination as to whether the authorizations
    for construction of the trans-Alaska oil pipeline shall be issued.
    (d) National Environmental Policy Act of 1969 bypassed; issuance of
      authorizations for construction and operation not to be subject
      to judicial review; time limits on charges of invalidity or
      unconstitutionality; jurisdiction; hearings; review
      The actions taken pursuant to this chapter which relate to the
    construction and completion of the pipeline system, and to the
    applications filed in connection therewith necessary to the
    pipeline's operation at full capacity, as described in the Final
    Environmental Impact Statement of the Department of the Interior,
    shall be taken without further action under the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]; and the
    actions of the Federal officers concerning the issuance of the
    necessary rights-of-way, permits, leases, and other authorizations
    for construction and initial operation at full capacity of said
    pipeline system shall not be subject to judicial review under any
    law except that claims alleging the invalidity of this section may
    be brought within sixty days following November 16, 1973, and
    claims alleging that an action will deny rights under the
    Constitution of the United States, or that the action is beyond the
    scope of authority conferred by this chapter, may be brought within
    sixty days following the date of such action. A claim shall be
    barred unless a complaint is filed within the time specified. Any
    such complaint shall be filed in a United States district court,
    and such court shall have exclusive jurisdiction to determine such
    proceeding in accordance with the procedures hereinafter provided,
    and no other court of the United States, of any State, territory,
    or possession of the United States, or of the District of Columbia,
    shall have jurisdiction of any such claim whether in a proceeding
    instituted prior to or on or after November 16, 1973. Such court
    shall not have jurisdiction to grant any injunctive relief against
    the issuance of any right-of-way, permit, lease, or other
    authorization pursuant to this section except in conjunction with a
    final judgment entered in a case involving a claim filed pursuant
    to this section. An interlocutory or final judgment, decree, or
    order of such district court may be reviewed only upon petition for
    a writ of certiorari to the Supreme Court of the United States.
    (e) Amendment or modification of rights-of-way, permits, leases, or
      other authorizations
      The Secretary of the Interior and the other Federal officers and
    agencies are authorized at any time when necessary to protect the
    public interest, pursuant to the authority of this section and in
    accordance with its provisions, to amend or modify any right-of-
    way, permit, lease, or other authorization issued under this
    chapter.

-SOURCE-
    (Pub. L. 93-153, title II, Sec. 203, Nov. 16, 1973, 87 Stat. 584;
    Pub. L. 98-620, title IV, Sec. 402(46), Nov. 8, 1984, 98 Stat.
    3360; Pub. L. 100-352, Sec. 6(c), June 27, 1988, 102 Stat. 663.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (section 4321
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (d). Pub. L. 100-352 amended last sentence
    generally. Prior to amendment, last sentence read as follows: "Any
    review of an interlocutory or final judgment, decree, or order of
    such district court may be had only upon direct appeal to the
    Supreme Court of the United States."
      1984 - Subsec. (d). Pub. L. 98-620 struck out provision that any
    such proceeding had to be assigned for hearing at the earliest
    possible date, had to take precedence over all other matters
    pending on the docket of the district court at that time, and had
    to be expedited in every way by such court.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-352 effective ninety days after June 27,
    1988, except that such amendment not to apply to cases pending in
    Supreme Court on such effective date or affect right to review or
    manner of reviewing judgment or decree of court which was entered
    before such effective date, see section 7 of Pub. L. 100-352, set
    out as a note under section 1254 of Title 28, Judiciary and
    Judicial Procedure.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-
    43 USC Sec. 1653                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-
    Sec. 1653. Liability for damages

-STATUTE-
    (a) Activities along or in vicinity of pipeline right-of-way;
      strict liability; limitation on liability; subrogation; emergency
      subsistence and other aid; exemption for State of Alaska
      (1) Except when the holder of the pipeline right-of-way granted
    pursuant to this chapter can prove that damages in connection with
    or resulting from activities along or in the vicinity of the
    proposed trans-Alaskan pipeline right-of-way were caused solely by
    an act of war or negligence of the United States, other government
    entity, or the damaged party, such holder shall be strictly liable
    to all damaged parties, public or private, without regard to fault
    for such damages, and without regard to ownership of any affected
    lands, structures, fish, wildlife, or biotic or other natural
    resources relied upon by Alaska Natives, Native organizations, or
    others for subsistence or economic purposes. Claims for such injury
    or damages may be determined by arbitration or judicial
    proceedings.
      (2) Liability under paragraph (1) of this subsection shall be
    limited to $350,000,000 for any one incident, and the holders of
    the right-of-way or permit shall be liable for any claim allowed in
    proportion to their ownership interest in the right-of-way or
    permit. Liability of such holders for damages in excess of
    $350,000,000 shall be in accord with ordinary rules of negligence.
      (3) In any case where liability without fault is imposed pursuant
    to this subsection and the damages involved were caused by the
    negligence of a third party, the rules of subrogation shall apply
    in accordance with the law of the jurisdiction where the damage
    occurred.
      (4) Upon order of the Secretary, the holder of a right-of-way or
    permit shall provide emergency subsistence and other aid to an
    affected Alaska Native, Native organization, or other person
    pending expeditious filing of, and determination of, a claim under
    this subsection.
      (5) Where the State of Alaska is the holder of a right-of-way or
    permit under this chapter, the State shall not be subject to the
    provisions of this subsection, but the holder of the permit or
    right-of-way for the trans-Alaska pipeline shall be subject to this
    subsection with respect to facilities constructed or activities
    conducted under rights-of-way or permits issued to the State to the
    extent that such holder engages in the construction, operation,
    maintenance, and termination of facilities, or in other activities
    under rights-of-way or permits issued to the State.
    (b) Control and removal of pollutants at expense of right-of-way
      holder
      If any area in the State of Alaska within or without the right-of-
    way or permit area granted under this chapter is polluted by any
    activities related to the Trans-Alaska Pipeline System, including
    operation of the terminal, conducted by or on behalf of the holder
    to whom such right-of-way or permit was granted, and such pollution
    damages or threatens to damage aquatic life, wildlife, or public or
    private property, the control and total removal of the pollutant
    shall be at the expense of such holder, including any
    administrative and other costs incurred by the Secretary or any
    other Federal or State officer or agency. Upon failure of such
    holder to adequately control and remove such pollutant, the
    Secretary, in cooperation with other Federal, State, or local
    agencies, or in cooperation with such holder, or both, shall have
    the right to accomplish the control and removal at the expense of
    such holder.

-SOURCE-
    (Pub. L. 93-153, title II, Sec. 204, Nov. 16, 1973, 87 Stat. 586;
    Pub. L. 101-380, title VIII, Secs. 8101, 8102(a)(1), (4), (b)-(e),
    Aug. 18, 1990, 104 Stat. 565-567.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-380, Sec. 8101(a), substituted
    "caused solely by" for "caused by".
      Subsec. (a)(2). Pub. L. 101-380, Sec. 8101(b), substituted
    "$350,000,000" for "$50,000,000" in two places.
      Subsec. (b). Pub. L. 101-380, Sec. 8101(c), inserted "in the
    State of Alaska" after "any area", "related to the Trans-Alaska
    Pipeline System, including operation of the terminal," after "any
    activities", and "or State" after "any other Federal".
      Subsec. (c). Pub. L. 101-380, Sec. 8102(a)(1), struck out subsec.
    (c) which related to liability for discharges of oil loaded at
    terminal facilities and to establishment of Trans-Alaska Pipeline
    Liability Fund.
      Subsec. (c)(2). Pub. L. 101-380, Sec. 8102(b), substituted
    "caused solely by" for "caused by".
      Subsec. (c)(3). Pub. L. 101-380, Sec. 8102(d), inserted at end
    "The Fund shall expeditiously pay claims under this subsection,
    including such $14,000,000, if the owner or operator of a vessel
    has not paid any such claim within 90 days after such claim has
    been submitted to such owner or operator. Upon payment of any such
    claim, the Fund shall be subrogated under applicable State and
    Federal laws to all rights of any person entitled to recover under
    this subsection. In any action brought by the Fund against an owner
    or operator or an affiliate thereof to recover amounts under this
    paragraph, the Fund shall be entitled to recover prejudgment
    interest, costs, reasonable attorney's fees, and, in the discretion
    of the court, penalties."
      Subsec. (c)(4). Pub. L. 101-380, Sec. 8102(e), designated
    existing provisions as par. (A) and added pars. (B) and (C).
      Subsec. (c)(5). Pub. L. 101-380, Sec. 8102(a)(4), inserted before
    period at end of second sentence ", except that after August 18,
    1990, the amount to be accumulated shall be $100,000,000 or the
    amount determined by the trustees and certified to the Congress by
    the Comptroller General as necessary to pay claims arising from
    incidents occurring prior to August 18, 1990, and administrative
    costs, whichever is less".
      Subsec. (c)(13), (14). Pub. L. 101-380, Sec. 8102(c), added pars.
    (13) and (14).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of Title 33,
    Navigation and Navigable Waters.
      Section 8102(a)(5)(A) of Pub. L. 101-380 provided that: "The
    repeal by paragraph (1) [repealing subsec. (c) of this section]
    shall be effective 60 days after the date on which the Comptroller
    General of the United States certifies to the Congress [certified
    July 5, 2000] that - 
        "(i) all claims arising under section 204(c) of the Trans-
      Alaska Pipeline Authorization Act (43 U.S.C. 1653(c)) have been
      resolved,
        "(ii) all actions for the recovery of amounts subject to
      section 204(c) of the Trans-Alaska Pipeline Authorization Act
      have been resolved, and
        "(iii) all administrative expenses reasonably necessary for and
      incidental to the implementation of section 204(c) of the Trans-
      Alaska Pipeline Authorization Act have been paid."

                             SAVINGS PROVISION                         
      Section 8102(a)(3) of Pub. L. 101-380 provided that: "The repeal
    made by paragraph (1) [repealing subsec. (c) of this section] shall
    have no effect on any right to recover or responsibility that
    arises from incidents subject to section 204(c) of the Trans-Alaska
    Pipeline Authorization Act (43 U.S.C. 1653(c)) occurring prior to
    the date of enactment of this Act [Aug. 18, 1990]."

                          BULK FUEL STORAGE TANKS                      
      Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 329(a),
    (b)], Oct. 21, 1998, 112 Stat. 2681-439, 2681-470, provided that:
      "(a) Transfer of Funds. - Notwithstanding any other provision of
    law, the remainder of the balance in the Trans-Alaska Pipeline
    Liability Fund that is transferred and deposited into the Oil Spill
    Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil
    Pollution Act of 1990 (43 U.S.C. 1653 note) after June 16, 1998
    shall be used in accordance with this section.
      "(b) Use of Interest Only. - The interest produced from the
    investment of the Trans-Alaska Pipeline Liability Fund balance that
    is transferred and deposited into the Oil Spill Liability Trust
    Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of
    1990 [Pub. L. 101-380] (43 U.S.C. 1653 note) after June 16, 1998
    shall be transferred annually by the National Pollution Funds
    Center to the Denali Commission for a program, to be developed in
    consultation with the Coast Guard, to repair or replace bulk fuel
    storage tanks in Alaska which are not in compliance with federal
    law, including the Oil Pollution Act of 1990 [33 U.S.C. 2701 et
    seq.], or State law."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

                        DISPOSITION OF FUND BALANCE                    
      Section 8102(a)(2) of Pub. L. 101-380, as amended by Pub. L. 105-
    277, div. A, Sec. 101(g) [title III, Sec. 329(c)], Oct. 21, 1998,
    112 Stat. 2681-439, 2681-471, provided that:
      "(A) Reservation of amounts. - The trustees of the Trans-Alaska
    Pipeline Liability Fund (hereafter in this subsection referred to
    as the 'TAPS Fund') shall reserve the following amounts in the TAPS
    Fund - 
        "(i) necessary to pay claims arising under section 204(c) of
      the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1653(c));
      and
        "(ii) administrative expenses reasonably necessary for and
      incidental to the implementation of section 204(c) of that Act.
      "(B) Disposition of the balance. - After the Comptroller General
    of the United States certifies that the requirements of
    subparagraph (A) have been met, the trustees of the TAPS Fund shall
    dispose of the balance in the TAPS Fund after the reservation of
    amounts are made under subparagraph (A) by - 
        "(i) rebating the pro rata share of the balance to the State of
      Alaska for its contributions as an owner of oil, which, except as
      otherwise provided under article IX, section 15, of the Alaska
      Constitution, shall be used for the remediation of above-ground
      storage tanks; and then
        "(ii) transferring and depositing the remainder of the balance
      into the Oil Spill Liability Trust Fund established under section
      9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).
      "(C) Disposition of the reserved amounts. - After payment of all
    claims arising from an incident for which funds are reserved under
    subparagraph (A) and certification by the Comptroller General of
    the United States that the claims arising from that incident have
    been paid, the excess amounts, if any, for that incident shall be
    disposed of as set forth under subparagraphs (A) and (B).
      "(D) Authorization. - The amounts transferred and deposited in
    the Fund shall be available for the purposes of section 1012 of the
    Oil Pollution Act of 1990 [33 U.S.C. 2712] after funding sections
    5001 [33 U.S.C. 2731] and 8103 [43 U.S.C. 1651 note] to the extent
    that funds have not otherwise been provided for the purposes of
    such sections."

                   LIABILITIES OF TRUSTEES OF TAPS FUND               
      Section 8102(a)(5)(B) of Pub. L. 101-380 provided that: "Upon the
    effective date of the repeal pursuant to subparagraph (A) [see
    Effective Date of 1990 Amendment note above], the trustees of the
    TAPS Fund shall be relieved of all responsibilities under section
    204(c) of the Trans-Alaska Pipeline Authorization Act [43 U.S.C.
    1653(c)], but not any existing legal liability."

     PRESERVATION OF RIGHTS AND REMEDIES OF CONTRIBUTORS TO TAPS FUND 
      Section 8102(a)(6) provided that: "This subsection [amending this
    section and enacting provisions set out as notes above] is intended
    expressly to preserve any and all rights and remedies of
    contributors to the TAPS Fund under section 1491 of title 28,
    United States Code (commonly referred to as the 'Tucker Act')."

-End-

-CITE-
    43 USC Sec. 1654                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-
    Sec. 1654. Antitrust laws

-STATUTE-
      The grant of a right-of-way, permit, lease, or other
    authorization pursuant to this chapter shall grant no immunity from
    the operation of the Federal anti-trust laws.

-SOURCE-
    (Pub. L. 93-153, title II, Sec. 205, Nov. 16, 1973, 87 Stat. 588.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal antitrust laws, referred to in text, are classified
    generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and
    Trade.

-End-

-CITE-
    43 USC Sec. 1655                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-
    Sec. 1655. Roads and airports

-STATUTE-
      A right-of-way, permit, lease, or other authorization granted
    under section 1652(b) of this title for a road or airstrip as a
    related facility of the trans-Alaska pipeline may provide for the
    construction of a public road or airstrip.

-SOURCE-
    (Pub. L. 93-153, title II, Sec. 206, Nov. 16, 1973, 87 Stat. 588.)

-End-

-CITE-
    43 USC Sec. 1656                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 34 - TRANS-ALASKA PIPELINE

-HEAD-
    Sec. 1656. Civil penalties

-STATUTE-
    (a) Penalty
      Except as provided in subsection (c)(4) of this section, the
    Secretary of the Interior may assess and collect a civil penalty
    under this section with respect to any discharge of oil - 
        (1) in transit from fields or reservoirs supplying oil to the
      trans-Alaska pipeline; or
        (2) during transportation through the trans-Alaska pipeline or
      handling at the terminal facilities, that causes damage to, or
      threatens to damage, natural resources or public or private
      property.
    (b) Persons liable
      In addition to the person causing or permitting the discharge,
    the owner or owners of the oil at the time the discharge occurs
    shall be jointly, severally, and strictly liable for the full
    amount of penalties assessed pursuant to this section, except that
    the United States and the several States, and political
    subdivisions thereof, shall not be liable under this section.
    (c) Amount
      (1) The amount of the civil penalty shall not exceed $1,000 per
    barrel of oil discharged.
      (2) In determining the amount of civil penalty under this
    section, the Secretary shall consider the seriousness of the
    damages from the discharge, the cause of the discharge, any history
    of prior violations of applicable rules and laws, and the degree of
    success of any efforts by the violator to minimize or mitigate the
    effects of such discharge.
      (3) The Secretary may reduce or waive the penalty imposed under
    this section if the discharge was solely caused by an act of war,
    act of God, or third party action beyond the control of the persons
    liable under this section.
      (4) No civil penalty assessed by the Secretary pursuant to this
    section shall be in addition to a penalty assessed pursuant to
    section 1321(b) of title 33.
    (d) Procedures
      A civil penalty may be assessed and collected under this section
    only after notice and opportunity for a hearing on the record in
    accordance with section 554 of title 5. In any proceeding for the
    assessment of a civil penalty under this section, the Secretary may
    issue subpoenas for the attendance and testimony of witnesses and
    the production of relevant papers, books, and documents and may
    promulgate rules for discovery procedures. Any person who requested
    a hearing with respect to a civil penalty under this subsection and
    who is aggrieved by an order assessing the civil penalty may file a
    petition for judicial review of such order with the United States
    Court of Appeals for the District of Columbia circuit or for any
    other circuit in which such person resides or transacts business.
    Such a petition may only be filed within the 30-day period
    beginning on the date the order making such assessment was issued.
    (e) State law
      (1) Nothing in this section shall be construed or interpreted as
    preempting any State or political subdivision thereof from imposing
    any additional liability or requirements with respect to the
    discharge, or threat of discharge, of oil or other pollution by
    oil.
      (2) Nothing in this section shall affect or modify in any way the
    obligations or liabilities of any person under other Federal or
    State law, including common law, with respect to discharges of oil.

-SOURCE-
    (Pub. L. 93-153, title II, Sec. 207, as added Pub. L. 101-380,
    title VIII, Sec. 8202, Aug. 18, 1990, 104 Stat. 571.)

-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to incidents occurring after Aug. 18, 1990,
    see section 1020 of Pub. L. 101-380, set out as a note under
    section 2701 of Title 33, Navigation and Navigable Waters.

-End-

-HEAD-
-CITE-    43 USC CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
-MISC1-
              CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT          

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1701.       Congressional declaration of policy.                  
    1702.       Definitions.                                          

        SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                                DISPOSITION
    1711.       Continuing inventory and identification of public
                 lands; preparation and maintenance.                  
    1712.       Land use plans.                                       
                  (a)  Development, maintenance, and revision by
                        Secretary.                                    
                  (b)  Coordination of plans for National Forest
                        System lands with Indian land use planning and
                        management programs for purposes of
                        development and revision.                     
                  (c)  Criteria for development and revision.         
                  (d)  Review and inclusion of classified public
                        lands; review of existing land use plans;
                        modification and termination of
                        classifications.                              
                  (e)  Management decisions for implementation of
                        developed or revised plans.                   
                  (f)  Procedures applicable to formulation of plans
                        and programs for public land management.      
    1713.       Sales of public land tracts.                          
                  (a)  Criteria for disposal; excepted lands.         
                  (b)  Conveyance of land of agricultural value and
                        desert in character.                          
                  (c)  Congressional approval procedures applicable to
                        tracts in excess of two thousand five hundred
                        acres.                                        
                  (d)  Sale price.                                    
                  (e)  Maximum size of tracts.                        
                  (f)  Competitive bidding requirements.              
                  (g)  Acceptance or rejection of offers to purchase. 
    1714.       Withdrawals of lands.                                 
                  (a)  Authorization and limitation; delegation of
                        authority.                                    
                  (b)  Application and procedures applicable
                        subsequent to submission of application.      
                  (c)  Congressional approval procedures applicable to
                        withdrawals aggregating five thousand acres or
                        more.                                         
                  (d)  Withdrawals aggregating less than five thousand
                        acres; procedure applicable.                  
                  (e)  Emergency withdrawals; procedure applicable;
                        duration                                      
                  (f)  Review of existing withdrawals and extensions;
                        procedure applicable to extensions; duration. 
                  (g)  Processing and adjudication of existing
                        applications.                                 
                  (h)  Public hearing required for new withdrawals.   
                  (i)  Consent for withdrawal of lands under
                        administration of department or agency other
                        than Department of the Interior.              
                  (j)  Applicability of other Federal laws withdrawing
                        lands as limiting authority.                  
                  (k)  Authorization of appropriations for processing
                        applications.                                 
                  (l)  Review of existing withdrawals in certain
                        States; procedure applicable for determination
                        of future status of lands; authorization of
                        appropriations.                               
    1715.       Acquisitions of public lands and access over
                 non-Federal lands to National Forest System units.   
                  (a)  Authorization and limitations on authority of
                        Secretary of the Interior and Secretary of
                        Agriculture.                                  
                  (b)  Conformity to departmental policies and
                        land-use plan of acquisitions.                
                  (c)  Status of lands and interests in lands upon
                        acquisition by Secretary of the Interior;
                        transfers to Secretary of Agriculture of lands
                        and interests in lands acquired within
                        National Forest System boundaries.            
                  (d)  Status of lands and interests in lands upon
                        acquisition by Secretary of Agriculture.      
                  (e)  Status and administration of lands acquired in
                        exchange for lands revested in or reconveyed
                        to United States.                             
    1716.       Exchanges of public lands or interests therein within
                 the National Forest System.                          
                  (a)  Authorization and limitations on authority of
                        Secretary of the Interior and Secretary of
                        Agriculture.                                  
                  (b)  Implementation requirements; cash equalization
                        waiver.                                       
                  (c)  Status of lands acquired upon exchange by
                        Secretary of the Interior.                    
                  (d)  Appraisal of land; submission to arbitrator;
                        determination to proceed or withdraw from
                        exchange; use of other valuation process;
                        suspension of deadlines.                      
                  (e)  Simultaneous issue of patents or titles.       
                  (f)  New rules and regulations; appraisal rules and
                        regulations; "costs and other responsibilities
                        or requirements" defined.                     
                  (g)  Exchanges to proceed under existing laws and
                        regulations pending new rules and regulations.
                  (h)  Exchange of lands or interests of approximately
                        equal value; conditions; "approximately equal
                        value" defined.                               
                  (i)  Segregation from appropriation under mining and
                        public land laws.                             
    1717.       Qualifications of conveyees.                          
    1718.       Documents of conveyance; terms, covenants, etc.       
    1719.       Mineral interests; reservation and conveyance
                 requirements and procedures.                         
    1720.       Coordination by Secretary of the Interior with State
                 and local governments.                               
    1721.       Conveyances of public lands to States, local
                 governments, etc.                                    
                  (a)  Unsurveyed islands; authorization and
                        limitations on authority.                     
                  (b)  Omitted lands; authorization and limitations on
                        authority.                                    
                  (c)  Conformity with land use plans and programs and
                        coordination with State and local governments
                        of conveyances.                               
                  (d)  Applicability of other statutory requirements
                        for authorized use of conveyed lands.         
                  (e)  Limitations on uses of conveyed lands.         
                  (f)  Applicability to lands within National Forest
                        System, National Park System, National
                        Wildlife Refuge System, and National Wild and
                        Scenic Rivers System.                         
                  (g)  Applicability to other statutory provisions
                        authorizing sale of specific omitted lands.   
    1722.       Sale of public lands subject to unintentional
                 trespass.                                            
                  (a)  Preference right of contiguous landowners;
                        offering price.                               
                  (b)  Procedures applicable.                         
                  (c)  Time for processing of applications and sales. 
    1723.       Temporary revocation authority.                       
                  (a)  Exchange involved.                             
                  (b)  Requirements.                                  
                  (c)  Limitations.                                   
                  (d)  Termination.                                   

                      SUBCHAPTER III - ADMINISTRATION                  
    1731.       Bureau of Land Management.                            
                  (a)  Director; appointment, qualifications,
                        functions, and duties.                        
                  (b)  Statutory transfer of functions, powers and
                        duties relating to administration of laws.    
                  (c)  Associate Director, Assistant Directors, and
                        other employees; appointment and compensation.
                  (d)  Existing regulations relating to administration
                        of laws.                                      
    1732.       Management of use, occupancy, and development of
                 public lands.                                        
                  (a)  Multiple use and sustained yield requirements
                        applicable; exception.                        
                  (b)  Easements, permits, etc., for utilization
                        through habitation, cultivation, and
                        development of small trade or manufacturing
                        concerns; applicable statutory requirements.  
                  (c)  Revocation or suspension provision in
                        instrument authorizing use, occupancy or
                        development; violation of provision; procedure
                        applicable.                                   
                  (d)  Authorization to utilize certain public lands
                        in Alaska for military purposes.              
    1733.       Enforcement authority.                                
                  (a)  Regulations for implementation of management,
                        use, and protection requirements; violations;
                        criminal penalties.                           
                  (b)  Civil actions by Attorney General for
                        violations of regulations; nature of relief;
                        jurisdiction.                                 
                  (c)  Contracts for enforcement of Federal laws and
                        regulations by local law enforcement
                        officials; procedure applicable; contract
                        requirements and implementation.              
                  (d)  Cooperation with regulatory and law enforcement
                        officials of any State or political
                        subdivision in enforcement of laws or
                        ordinances.                                   
                  (e)  Uniformed desert ranger force in California
                        Desert Conservation Area; establishment;
                        enforcement of Federal laws and regulations.  
                  (f)  Applicability of other Federal enforcement
                        provisions.                                   
                  (g)  Unlawful activities.                           
    1734.       Fees, charges, and commissions.                       
                  (a)  Authority to establish and modify.             
                  (b)  Deposits for payments to reimburse reasonable
                        costs of United States.                       
                  (c)  Refunds.                                       
    1734a.      Availability of excess fees.                          
    1735.       Forfeitures and deposits.                             
                  (a)  Credit to separate account in Treasury;
                        appropriation and availability.               
                  (b)  Expenditure of moneys collected administering
                        Oregon and California Railroad and Coos Bay
                        Wagon Road Grant lands.                       
                  (c)  Refunds.                                       
    1736.       Working capital fund.                                 
                  (a)  Establishment; availability of fund.           
                  (b)  Initial funding; subsequent transfers.         
                  (c)  Payments credited to fund; amount; advancement
                        or reimbursement.                             
                  (d)  Authorization of appropriations.               
    1736a.      Revolving fund derived from disposal of salvage
                 timber.                                              
    1737.       Implementation provisions.                            
                  (a)  Investigations, studies, and experiments.      
                  (b)  Contracts and cooperative agreements.          
                  (c)  Contributions and donations of money, services,
                        and property.                                 
                  (d)  Recruitment of volunteers.                     
                  (e)  Restrictions on activities of volunteers.      
                  (f)  Federal employment status of volunteers.       
                  (g)  Authorization of appropriations.               
    1738.       Contracts for surveys and resource protection;
                 renewals; funding requirements.                      
    1739.       Advisory councils.                                    
                  (a)  Establishment; membership; operation.          
                  (b)  Meetings.                                      
                  (c)  Travel and per diem payments.                  
                  (d)  Functions.                                     
                  (e)  Public participation; procedures applicable.   
    1740.       Rules and regulations.                                
    1741.       Annual reports.                                       
                  (a)  Purpose; time for submission.                  
                  (b)  Format.                                        
                  (c)  Contents.                                      
    1742.       Search, rescue, and protection forces; emergency
                 situations authorizing hiring.                       
    1743.       Disclosure of financial interests by officers or
                 employees.                                           
                  (a)  Annual written statement; availability to
                        public.                                       
                  (b)  Implementation of requirements.                
                  (c)  Exempted personnel.                            
                  (d)  Violations; criminal penalties.                
    1744.       Recordation of mining claims.                         
                  (a)  Filing requirements.                           
                  (b)  Additional filing requirements.                
                  (c)  Failure to file as constituting abandonment;
                        defective or untimely filing.                 
                  (d)  Validity of claims, waiver of assessment, etc.,
                        as unaffected.                                
    1745.       Disclaimer of interest in lands.                      
                  (a)  Issuance of recordable document; criteria.     
                  (b)  Procedures applicable.                         
                  (c)  Construction as quit-claim deed from United
                        States.                                       
    1746.       Correction of conveyance documents.                   
    1747.       Loans to States and political subdivisions; purposes;
                 amounts; allocation; terms and conditions; interest
                 rate; security; limitations; forebearance for benefit
                 of borrowers; recordkeeping requirements;
                 discrimination prohibited; deposit of receipts.      
    1748.       Funding requirements.                                 
                  (a)  Authorization of appropriations.               
                  (b)  Procedure applicable for authorization of
                        appropriations.                               
                  (c)  Distribution of receipts from Bureau from
                        disposal of lands, etc.                       
                  (d)  Purchase of certain public lands from Land and
                        Water Conservation Fund.                      

                     SUBCHAPTER IV - RANGE MANAGEMENT                 
    1751.       Grazing fees; feasibility study; contents; submission
                 of report; annual distribution and use of range
                 betterment funds; nature of distributions.           
    1752.       Grazing leases and permits.                           
                  (a)  Terms and conditions.                          
                  (b)  Terms of lesser duration.                      
                  (c)  First priority for renewal of expiring permit
                        or lease.                                     
                  (d)  Allotment management plan requirements.        
                  (e)  Omission of allotment management plan
                        requirements and incorporation of appropriate
                        terms and conditions; reexamination of range
                        conditions.                                   
                  (f)  Allotment management plan applicability to
                        non-Federal lands; appeal rights.             
                  (g)  Cancellation of permit or lease; determination
                        of reasonable compensation; notice.           
                  (h)  Applicability of provisions to rights, etc., in
                        or to public lands or lands in National
                        Forests.                                      
    1753.       Grazing advisory boards.                              
                  (a)  Establishment; maintenance.                    
                  (b)  Functions.                                     
                  (c)  Appointment and terms of members.              
                  (d)  Meetings.                                      
                  (e)  Federal Advisory Committee Act applicability.  
                  (f)  Expiration date.                               

                       SUBCHAPTER V - RIGHTS-OF-WAY                   
    1761.       Grant, issue, or renewal of rights-of-way.            
                  (a)  Authorized purposes.                           
                  (b)  Procedures applicable; administration.         
                  (c)  Permanent easement for water systems; issuance,
                        preconditions, etc.                           
                  (d)  Rights-of-way on certain Federal lands.        
    1762.       Roads.                                                
                  (a)  Authority to acquire, construct, and maintain;
                        financing arrangements.                       
                  (b)  Recordation of copies of affected instruments. 
                  (c)  Maintenance or reconstruction of facilities by
                        users.                                        
                  (d)  Fund for user fees for delayed payment to
                        grantor.                                      
    1763.       Right-of-way corridors; criteria and procedures
                 applicable for designation.                          
    1764.       General requirements.                                 
                  (a)  Boundary specifications; criteria; temporary
                        use of additional lands.                      
                  (b)  Terms and conditions of right-of-way or permit.
                  (c)  Applicability of regulations or stipulations.  
                  (d)  Submission of plan of construction, operation,
                        and rehabilitation by new project applicants;
                        plan requirements.                            
                  (e)  Regulatory requirements for terms and
                        conditions; revision and applicability of
                        regulations.                                  
                  (f)  Removal or use of mineral and vegetative
                        materials.                                    
                  (g)  Rental payments; amount, waiver, etc.          
                  (h)  Liability for damage or injury incurred by
                        United States for use and occupancy of
                        rights-of-way; indemnification of United
                        States; no-fault liability; amount of damages.
                  (i)  Bond or security requirements.                 
                  (j)  Criteria for grant, issue, or renewal of
                        right-of-way.                                 
    1765.       Terms and conditions.                                 
    1766.       Suspension or termination; grounds; procedures
                 applicable.                                          
    1767.       Rights-of-way for Federal departments and agencies.   
    1768.       Conveyance of lands covered by right-of-way; terms and
                 conditions.                                          
    1769.       Existing right-of-way or right-of-use unaffected;
                 exceptions; rights-of-way for railroad and
                 appurtenant communication facilities; applicability
                 of existing terms and conditions.                    
    1770.       Applicability of provisions to other Federal laws.    
                  (a)  Right-of-way.                                  
                  (b)  Highway use.                                   
                  (c)  Application of antitrust laws.                 
    1771.       Coordination of applications.                         

                SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS            
    1781.       California Desert Conservation Area.                  
                  (a)  Congressional findings.                        
                  (b)  Statement of purpose.                          
                  (c)  Description of Area.                           
                  (d)  Preparation and implementation of comprehensive
                        long-range plan for management, use, etc.     
                  (e)  Interim program for management, use, etc.      
                  (f)  Applicability of mining laws.                  
                  (g)  Advisory Committee; establishment; functions.  
                  (h)  Management of lands under jurisdiction of
                        Secretary of Agriculture and Secretary of
                        Defense.                                      
                  (i)  Omitted.                                       
                  (j)  Authorization of appropriations.               
    1782.       Bureau of Land Management Wilderness Study.           
                  (a)  Lands subject to review and designation as
                        wilderness.                                   
                  (b)  Presidential recommendation for designation as
                        wilderness.                                   
                  (c)  Status of lands during period of review and
                        determination.                                
    1783.       Yaquina Head Outstanding Natural Area.                
                  (a)  Establishment.                                 
                  (b)  Administration by Secretary of the Interior;
                        management plan; quarrying permits.           
                  (c)  Revocation of 1866 reservation of lands for
                        lighthouse purposes; restoration to public
                        lands status.                                 
                  (d)  Acquisition of lands not already in Federal
                        ownership.                                    
                  (e)  Wind energy research.                          
                  (f)  Reclamation and restoration of lands affected
                        by quarrying operations.                      
                  (g)  Authorization of appropriations.               
    1784.       Lands in Alaska; designation as wilderness; management
                 by Bureau of Land Management pending Congressional
                 action.                                              
    1785.       Fossil Forest Research Natural Area.                  
                  (a)  Establishment.                                 
                  (b)  Map and legal description.                     
                  (c)  Management.                                    
                  (d)  Inventory.                                     
                  (e)  Management plan.                               

-End-

-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    43 USC Sec. 1701                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1701. Congressional declaration of policy

-STATUTE-
      (a) The Congress declares that it is the policy of the United
    States that - 
        (1) the public lands be retained in Federal ownership, unless
      as a result of the land use planning procedure provided for in
      this Act, it is determined that disposal of a particular parcel
      will serve the national interest;
        (2) the national interest will be best realized if the public
      lands and their resources are periodically and systematically
      inventoried and their present and future use is projected through
      a land use planning process coordinated with other Federal and
      State planning efforts;
        (3) public lands not previously designated for any specific use
      and all existing classifications of public lands that were
      effected by executive action or statute before October 21, 1976,
      be reviewed in accordance with the provisions of this Act;
        (4) the Congress exercise its constitutional authority to
      withdraw or otherwise designate or dedicate Federal lands for
      specified purposes and that Congress delineate the extent to
      which the Executive may withdraw lands without legislative
      action;
        (5) in administering public land statutes and exercising
      discretionary authority granted by them, the Secretary be
      required to establish comprehensive rules and regulations after
      considering the views of the general public; and to structure
      adjudication procedures to assure adequate third party
      participation, objective administrative review of initial
      decisions, and expeditious decisionmaking;
        (6) judicial review of public land adjudication decisions be
      provided by law;
        (7) goals and objectives be established by law as guidelines
      for public land use planning, and that management be on the basis
      of multiple use and sustained yield unless otherwise specified by
      law;
        (8) the public lands be managed in a manner that will protect
      the quality of scientific, scenic, historical, ecological,
      environmental, air and atmospheric, water resource, and
      archeological values; that, where appropriate, will preserve and
      protect certain public lands in their natural condition; that
      will provide food and habitat for fish and wildlife and domestic
      animals; and that will provide for outdoor recreation and human
      occupancy and use;
        (9) the United States receive fair market value of the use of
      the public lands and their resources unless otherwise provided
      for by statute;
        (10) uniform procedures for any disposal of public land,
      acquisition of non-Federal land for public purposes, and the
      exchange of such lands be established by statute, requiring each
      disposal, acquisition, and exchange to be consistent with the
      prescribed mission of the department or agency involved, and
      reserving to the Congress review of disposals in excess of a
      specified acreage;
        (11) regulations and plans for the protection of public land
      areas of critical environmental concern be promptly developed;
        (12) the public lands be managed in a manner which recognizes
      the Nation's need for domestic sources of minerals, food, timber,
      and fiber from the public lands including implementation of the
      Mining and Minerals Policy Act of 1970 (84 Stat. 1876, 30 U.S.C.
      21a) as it pertains to the public lands; and
        (13) the Federal Government should, on a basis equitable to
      both the Federal and local taxpayer, provide for payments to
      compensate States and local governments for burdens created as a
      result of the immunity of Federal lands from State and local
      taxation.

      (b) The policies of this Act shall become effective only as
    specific statutory authority for their implementation is enacted by
    this Act or by subsequent legislation and shall then be construed
    as supplemental to and not in derogation of the purposes for which
    public lands are administered under other provisions of law.

-SOURCE-
    (Pub. L. 94-579, title I, Sec. 102, Oct. 21, 1976, 90 Stat. 2744.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a)(1), (3) and (b), is Pub. L.
    94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
    Federal Land Policy and Management Act of 1976. For complete
    classification of this Act to the Code, see Tables.
      The Mining and Minerals Policy Act of 1970, referred to in
    subsec. (a)(12), is Pub. L. 91-631, Dec. 31, 1970, 84 Stat. 1876,
    which is classified to section 21a of Title 30, Mineral Lands and
    Mining.

-MISC1-
                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-409, Sec. 1, Aug. 20, 1988, 102 Stat. 1086, provided
    that: "This Act [enacting section 1723 of this title, amending
    section 1716 of this title and sections 505a, 505b, and 521b of
    Title 16, Conservation, and enacting provisions set out as notes
    under sections 751 and 1716 of this title] may be cited as the
    'Federal Land Exchange Facilitation Act of 1988'."

                                SHORT TITLE                            
      Section 101 of Pub. L. 94-579 provided that: "This Act [enacting
    this chapter and amending and repealing numerous other laws, which
    for complete classification, see Tables] may be cited as the
    'Federal Land Policy and Management Act of 1976'."

                             SAVINGS PROVISION                         
      Section 701 of Pub. L. 94-579 provided that:
      "(a) Nothing in this Act, or in any amendment made by this Act
    [see Short Title note above], shall be construed as terminating any
    valid lease, permit, patent, right-of-way, or other land use right
    or authorization existing on the date of approval of this Act [Oct.
    21, 1976].
      "(b) Notwithstanding any provision of this Act, in the event of
    conflict with or inconsistency between this Act and the Acts of
    August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j) and May 24,
    1939 (53 Stat. 753), insofar as they relate to management of timber
    resources, and disposition of revenues from lands and resources,
    the latter Acts shall prevail.
      "(c) All withdrawals, reservations, classifications, and
    designations in effect as of the date of approval of this Act shall
    remain in full force and effect until modified under the provisions
    of this Act or other applicable law.
      "(d) Nothing in this Act, or in any amendments made by this Act,
    shall be construed as permitting any person to place, or allow to
    be placed, spent oil shale, overburden, or byproducts from the
    recovery of other minerals found with oil shale, on any Federal
    land other than Federal land which has been leased for the recovery
    of shale oil under the Act of February 25, 1920 (41 Stat. 437, as
    amended; 30 U.S.C. 181 et seq.).
      "(e) Nothing in this Act shall be construed as modifying,
    revoking, or changing any provision of the Alaska Native Claims
    Settlement Act (85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.).
      "(f) Nothing in this Act shall be deemed to repeal any existing
    law by implication.
      "(g) Nothing in this Act shall be construed as limiting or
    restricting the power and authority of the United States or - 
        "(1) as affecting in any way any law governing appropriation or
      use of, or Federal right to, water on public lands;
        "(2) as expanding or diminishing Federal or State jurisdiction,
      responsibility, interests, or rights in water resources
      development or control;
        "(3) as displacing, superseding, limiting, or modifying any
      interstate compact or the jurisdiction or responsibility of any
      legally established joint or common agency of two or more States
      or of two or more States and the Federal Government;
        "(4) as superseding, modifying, or repealing, except as
      specifically set forth in this Act, existing laws applicable to
      the various Federal agencies which are authorized to develop or
      participate in the development of water resources or to exercise
      licensing or regulatory functions in relation thereto;
        "(5) as modifying the terms of any interstate compact;
        "(6) as a limitation upon any State criminal statute or upon
      the police power of the respective States, or as derogating the
      authority of a local police officer in the performance of his
      duties, or as depriving any State or political subdivision
      thereof of any right it may have to exercise civil and criminal
      jurisdiction on the national resource lands; or as amending,
      limiting, or infringing the existing laws providing grants of
      lands to the States.
      "(h) All actions by the Secretary concerned under this Act shall
    be subject to valid existing rights.
      "(i) The adequacy of reports required by this Act to be submitted
    to the Congress or its committees shall not be subject to judicial
    review.
      "(j) Nothing in this Act shall be construed as affecting the
    distribution of livestock grazing revenues to local governments
    under the Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the
    Act of May 23, 1908 (35 Stat. 260, as amended; 16 U.S.C. 500),
    under the Act of March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C.
    501), and under the Act of June 20, 1910 (36 Stat. 557)."

                               SEVERABILITY                           
      Section 707 of Pub. L. 94-579 provided that: "If any provision of
    this Act [see Short Title note set out above] or the application
    thereof is held invalid, the remainder of the Act and the
    application thereof shall not be affected thereby."

     COOPERATIVE ACTION AND SHARING OF RESOURCES BY SECRETARIES OF THE
                         INTERIOR AND AGRICULTURE
      Pub. L. 106-291, title III, Sec. 330, Oct. 11, 2000, 114 Stat.
    996, as amended by Pub. L. 109-54, title IV, Sec. 428, Aug. 2,
    2005, 119 Stat. 555, provided that: "In fiscal years 2001 through
    2008, the Secretaries of the Interior and Agriculture, subject to
    annual review of Congress, may establish pilot programs involving
    the land management agencies referred to in this section to conduct
    projects, planning, permitting, leasing, contracting and other
    activities, either jointly or on behalf of one another; may co-
    locate in Federal offices and facilities leased by an agency of
    either Department; and [may] promulgate special rules as needed to
    test the feasibility of issuing unified permits, applications, and
    leases. The Secretaries of the Interior and Agriculture may make
    reciprocal delegations of their respective authorities, duties and
    responsibilities in support of the 'Service First' initiative
    agency-wide to promote customer service and efficiency. Nothing
    herein shall alter, expand or limit the applicability of any public
    law or regulation to lands administered by the Bureau of Land
    Management, National Park Service, Fish and Wildlife Service, or
    the Forest Service. To facilitate the sharing of resources under
    the Service First initiative, the Secretaries of the Interior and
    Agriculture may make transfers of funds and reimbursement of funds
    on an annual basis, including transfers and reimbursements for
    multi-year projects, except that this authority may not be used to
    circumvent requirements and limitations imposed on the use of
    funds."

                          EXISTING RIGHTS-OF-WAY                      
      Section 706(b) of Pub. L. 94-579 provided that: "Nothing in
    section 706(a) [see Tables for classification], except as it
    pertains to rights-of-way, may be construed as affecting the
    authority of the Secretary of Agriculture under the Act of June 4,
    1897 (30 Stat. 35, as amended, 16 U.S.C. 551); the Act of July 22,
    1937 (50 Stat. 525, as amended, 7 U.S.C. 1010-1212); or the Act of
    September 3, 1954 (68 Stat. 1146, 43 U.S.C. 931c)."

-End-

-CITE-
    43 USC Sec. 1702                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1702. Definitions

-STATUTE-
      Without altering in any way the meaning of the following terms as
    used in any other statute, whether or not such statute is referred
    to in, or amended by, this Act, as used in this Act - 
      (a) The term "areas of critical environmental concern" means
    areas within the public lands where special management attention is
    required (when such areas are developed or used or where no
    development is required) to protect and prevent irreparable damage
    to important historic, cultural, or scenic values, fish and
    wildlife resources or other natural systems or processes, or to
    protect life and safety from natural hazards.
      (b) The term "holder" means any State or local governmental
    entity, individual, partnership, corporation, association, or other
    business entity receiving or using a right-of-way under subchapter
    V of this chapter.
      (c) The term "multiple use" means the management of the public
    lands and their various resource values so that they are utilized
    in the combination that will best meet the present and future needs
    of the American people; making the most judicious use of the land
    for some or all of these resources or related services over areas
    large enough to provide sufficient latitude for periodic
    adjustments in use to conform to changing needs and conditions; the
    use of some land for less than all of the resources; a combination
    of balanced and diverse resource uses that takes into account the
    long-term needs of future generations for renewable and
    nonrenewable resources, including, but not limited to, recreation,
    range, timber, minerals, watershed, wildlife and fish, and natural
    scenic, scientific and historical values; and harmonious and
    coordinated management of the various resources without permanent
    impairment of the productivity of the land and the quality of the
    environment with consideration being given to the relative values
    of the resources and not necessarily to the combination of uses
    that will give the greatest economic return or the greatest unit
    output.
      (d) The term "public involvement" means the opportunity for
    participation by affected citizens in rulemaking, decisionmaking,
    and planning with respect to the public lands, including public
    meetings or hearings held at locations near the affected lands, or
    advisory mechanisms, or such other procedures as may be necessary
    to provide public comment in a particular instance.
      (e) The term "public lands" means any land and interest in land
    owned by the United States within the several States and
    administered by the Secretary of the Interior through the Bureau of
    Land Management, without regard to how the United States acquired
    ownership, except - 
        (1) lands located on the Outer Continental Shelf; and
        (2) lands held for the benefit of Indians, Aleuts, and Eskimos.

      (f) The term "right-of-way" includes an easement, lease, permit,
    or license to occupy, use, or traverse public lands granted for the
    purpose listed in subchapter V of this chapter.
      (g) The term "Secretary", unless specifically designated
    otherwise, means the Secretary of the Interior.
      (h) The term "sustained yield" means the achievement and
    maintenance in perpetuity of a high-level annual or regular
    periodic output of the various renewable resources of the public
    lands consistent with multiple use.
      (i) The term "wilderness" as used in section 1782 of this title
    shall have the same meaning as it does in section 1131(c) of title
    16.
      (j) The term "withdrawal" means withholding an area of Federal
    land from settlement, sale, location, or entry, under some or all
    of the general land laws, for the purpose of limiting activities
    under those laws in order to maintain other public values in the
    area or reserving the area for a particular public purpose or
    program; or transferring jurisdiction over an area of Federal land,
    other than "property" governed by the Federal Property and
    Administrative Services Act, as amended (40 U.S.C. 472) (!1) from
    one department, bureau or agency to another department, bureau or
    agency.

      (k) An "allotment management plan" means a document prepared in
    consultation with the lessees or permittees involved, which applies
    to livestock operations on the public lands or on lands within
    National Forests in the eleven contiguous Western States and which:
        (1) prescribes the manner in, and extent to, which livestock
      operations will be conducted in order to meet the multiple-use,
      sustained-yield, economic and other needs and objectives as
      determined for the lands by the Secretary concerned; and
        (2) describes the type, location, ownership, and general
      specifications for the range improvements to be installed and
      maintained on the lands to meet the livestock grazing and other
      objectives of land management; and
        (3) contains such other provisions relating to livestock
      grazing and other objectives found by the Secretary concerned to
      be consistent with the provisions of this Act and other
      applicable law.

      (l) The term "principal or major uses" includes, and is limited
    to, domestic livestock grazing, fish and wildlife development and
    utilization, mineral exploration and production, rights-of-way,
    outdoor recreation, and timber production.
      (m) The term "department" means a unit of the executive branch of
    the Federal Government which is headed by a member of the
    President's Cabinet and the term "agency" means a unit of the
    executive branch of the Federal Government which is not under the
    jurisdiction of a head of a department.
      (n) The term "Bureau means the Bureau of Land Management.
      (o) The term "eleven contiguous Western States" means the States
    of Arizona, California, Colorado, Idaho, Montana, Nevada, New
    Mexico, Oregon, Utah, Washington, and Wyoming.
      (p) The term "grazing permit and lease" means any document
    authorizing use of public lands or lands in National Forests in the
    eleven contiguous western States for the purpose of grazing
    domestic livestock.

-SOURCE-
    (Pub. L. 94-579, title I, Sec. 103, Oct. 21, 1976, 90 Stat. 2745.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in the opening par. and in subsec. (k), is
    Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
    the Federal Land Policy and Management Act of 1976. For complete
    classification of this Act to the Code, see Tables.
      The general land laws, referred to in subsec. (j), are classified
    generally to this title.
      The Federal Property and Administrative Services Act, referred to
    in subsec. (j), is act June 30, 1949, ch. 288, 63 Stat. 377, as
    amended, known as the Federal Property and Administrative Services
    Act of 1949, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works. Section 3(d) of the Act (former 40 U.S.C. 472(d)), which
    provided the definition of "property", was repealed and reenacted
    as section 102(9) of Title 40.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC SUBCHAPTER II - LAND USE PLANNING AND LAND
           ACQUISITION AND DISPOSITION                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
        SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                                DISPOSITION

-End-

-CITE-
    43 USC Sec. 1711                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1711. Continuing inventory and identification of public lands;
      preparation and maintenance

-STATUTE-
      (a) The Secretary shall prepare and maintain on a continuing
    basis an inventory of all public lands and their resource and other
    values (including, but not limited to, outdoor recreation and
    scenic values), giving priority to areas of critical environmental
    concern. This inventory shall be kept current so as to reflect
    changes in conditions and to identify new and emerging resource and
    other values. The preparation and maintenance of such inventory or
    the identification of such areas shall not, of itself, change or
    prevent change of the management or use of public lands.
      (b) As funds and manpower are made available, the Secretary shall
    ascertain the boundaries of the public lands; provide means of
    public identification thereof including, where appropriate, signs
    and maps; and provide State and local governments with data from
    the inventory for the purpose of planning and regulating the uses
    of non-Federal lands in proximity of such public lands.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 201, Oct. 21, 1976, 90 Stat. 2747.)

-End-

-CITE-
    43 USC Sec. 1712                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1712. Land use plans

-STATUTE-
    (a) Development, maintenance, and revision by Secretary
      The Secretary shall, with public involvement and consistent with
    the terms and conditions of this Act, develop, maintain, and, when
    appropriate, revise land use plans which provide by tracts or areas
    for the use of the public lands. Land use plans shall be developed
    for the public lands regardless of whether such lands previously
    have been classified, withdrawn, set aside, or otherwise designated
    for one or more uses.
    (b) Coordination of plans for National Forest System lands with
      Indian land use planning and management programs for purposes of
      development and revision
      In the development and revision of land use plans, the Secretary
    of Agriculture shall coordinate land use plans for lands in the
    National Forest System with the land use planning and management
    programs of and for Indian tribes by, among other things,
    considering the policies of approved tribal land resource
    management programs.
    (c) Criteria for development and revision
      In the development and revision of land use plans, the Secretary
    shall - 
        (1) use and observe the principles of multiple use and
      sustained yield set forth in this and other applicable law;
        (2) use a systematic interdisciplinary approach to achieve
      integrated consideration of physical, biological, economic, and
      other sciences;
        (3) give priority to the designation and protection of areas of
      critical environmental concern;
        (4) rely, to the extent it is available, on the inventory of
      the public lands, their resources, and other values;
        (5) consider present and potential uses of the public lands;
        (6) consider the relative scarcity of the values involved and
      the availability of alternative means (including recycling) and
      sites for realization of those values;
        (7) weigh long-term benefits to the public against short-term
      benefits;
        (8) provide for compliance with applicable pollution control
      laws, including State and Federal air, water, noise, or other
      pollution standards or implementation plans; and
        (9) to the extent consistent with the laws governing the
      administration of the public lands, coordinate the land use
      inventory, planning, and management activities of or for such
      lands with the land use planning and management programs of other
      Federal departments and agencies and of the States and local
      governments within which the lands are located, including, but
      not limited to, the statewide outdoor recreation plans developed
      under the Act of September 3, 1964 (78 Stat. 897), as amended [16
      U.S.C. 460l-4 et seq.], and of or for Indian tribes by, among
      other things, considering the policies of approved State and
      tribal land resource management programs. In implementing this
      directive, the Secretary shall, to the extent he finds practical,
      keep apprised of State, local, and tribal land use plans; assure
      that consideration is given to those State, local, and tribal
      plans that are germane in the development of land use plans for
      public lands; assist in resolving, to the extent practical,
      inconsistencies between Federal and non-Federal Government plans,
      and shall provide for meaningful public involvement of State and
      local government officials, both elected and appointed, in the
      development of land use programs, land use regulations, and land
      use decisions for public lands, including early public notice of
      proposed decisions which may have a significant impact on non-
      Federal lands. Such officials in each State are authorized to
      furnish advice to the Secretary with respect to the development
      and revision of land use plans, land use guidelines, land use
      rules, and land use regulations for the public lands within such
      State and with respect to such other land use matters as may be
      referred to them by him. Land use plans of the Secretary under
      this section shall be consistent with State and local plans to
      the maximum extent he finds consistent with Federal law and the
      purposes of this Act.
    (d) Review and inclusion of classified public lands; review of
      existing land use plans; modification and termination of
      classifications
      Any classification of public lands or any land use plan in effect
    on October 21, 1976, is subject to review in the land use planning
    process conducted under this section, and all public lands,
    regardless of classification, are subject to inclusion in any land
    use plan developed pursuant to this section. The Secretary may
    modify or terminate any such classification consistent with such
    land use plans.
    (e) Management decisions for implementation of developed or revised
      plans
      The Secretary may issue management decisions to implement land
    use plans developed or revised under this section in accordance
    with the following:
        (1) Such decisions, including but not limited to exclusions
      (that is, total elimination) of one or more of the principal or
      major uses made by a management decision shall remain subject to
      reconsideration, modification, and termination through revision
      by the Secretary or his delegate, under the provisions of this
      section, of the land use plan involved.
        (2) Any management decision or action pursuant to a management
      decision that excludes (that is, totally eliminates) one or more
      of the principal or major uses for two or more years with respect
      to a tract of land of one hundred thousand acres or more shall be
      reported by the Secretary to the House of Representatives and the
      Senate. If within ninety days from the giving of such notice
      (exclusive of days on which either House has adjourned for more
      than three consecutive days), the Congress adopts a concurrent
      resolution of nonapproval of the management decision or action,
      then the management decision or action shall be promptly
      terminated by the Secretary. If the committee to which a
      resolution has been referred during the said ninety day period,
      has not reported it at the end of thirty calendar days after its
      referral, it shall be in order to either discharge the committee
      from further consideration of such resolution or to discharge the
      committee from consideration of any other resolution with respect
      to the management decision or action. A motion to discharge may
      be made only by an individual favoring the resolution, shall be
      highly privileged (except that it may not be made after the
      committee has reported such a resolution), and debate thereon
      shall be limited to not more than one hour, to be divided equally
      between those favoring and those opposing the resolution. An
      amendment to the motion shall not be in order, and it shall not
      be in order to move to reconsider the vote by which the motion
      was agreed to or disagreed to. If the motion to discharge is
      agreed to or disagreed to, the motion may not be made with
      respect to any other resolution with respect to the same
      management decision or action. When the committee has reprinted,
      or has been discharged from further consideration of a
      resolution, it shall at any time thereafter be in order (even
      though a previous motion to the same effect has been disagreed
      to) to move to proceed to the consideration of the resolution.
      The motion shall be highly privileged and shall not be debatable.
      An amendment to the motion shall not be in order, and it shall
      not be in order to move to reconsider the vote by which the
      motion was agreed to or disagreed to.
        (3) Withdrawals made pursuant to section 1714 of this title may
      be used in carrying out management decisions, but public lands
      shall be removed from or restored to the operation of the Mining
      Law of 1872, as amended (R.S. 2318-2352; 30 U.S.C. 21 et seq.) or
      transferred to another department, bureau, or agency only by
      withdrawal action pursuant to section 1714 of this title or other
      action pursuant to applicable law: Provided, That nothing in this
      section shall prevent a wholly owned Government corporation from
      acquiring and holding rights as a citizen under the Mining Law of
      1872.
    (f) Procedures applicable to formulation of plans and programs for
      public land management
      The Secretary shall allow an opportunity for public involvement
    and by regulation shall establish procedures, including public
    hearings where appropriate, to give Federal, State, and local
    governments and the public, adequate notice and opportunity to
    comment upon and participate in the formulation of plans and
    programs relating to the management of the public lands.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 202, Oct. 21, 1976, 90 Stat. 2747.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a) and (c)(9), is Pub. L. 94-
    579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
    Federal Land Policy and Management Act of 1976. For complete
    classification of this Act to the Code, see Tables.
      Act of September 3, 1964, as amended, referred to in subsec.
    (c)(9), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,
    known as the Land and Water Conservation Fund Act of 1965, which is
    classified generally to part B (Sec. 460l-4 et seq.) of subchapter
    LXIX of chapter 1 of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 460l-4 of Title 16 and Tables.
      The Mining Law of 1872, as amended, referred to in subsec.
    (e)(3), is act May 10, 1872, ch. 152, 17 Stat. 91, as amended,
    which was incorporated into the Revised Statutes of 1878 as R.S.
    Secs. 2319 to 2328, 2331, 2333 to 2337, and 2344, which are
    classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39
    to 42, and 47 of Title 30, Mineral Lands and Mining. For complete
    classification of R.S. Secs. 2318-2352, see Tables.

-End-

-CITE-
    43 USC Sec. 1713                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1713. Sales of public land tracts

-STATUTE-
    (a) Criteria for disposal; excepted lands
      A tract of the public lands (except land in units of the National
    Wilderness Preservation System, National Wild and Scenic Rivers
    Systems, and National System of Trails) may be sold under this Act
    where, as a result of land use planning required under section 1712
    of this title, the Secretary determines that the sale of such tract
    meets the following disposal criteria:
        (1) such tract because of its location or other characteristics
      is difficult and uneconomic to manage as part of the public
      lands, and is not suitable for management by another Federal
      department or agency; or
        (2) such tract was acquired for a specific purpose and the
      tract is no longer required for that or any other Federal
      purpose; or
        (3) disposal of such tract will serve important public
      objectives, including but not limited to, expansion of
      communities and economic development, which cannot be achieved
      prudently or feasibly on land other than public land and which
      outweigh other public objectives and values, including, but not
      limited to, recreation and scenic values, which would be served
      by maintaining such tract in Federal ownership.
    (b) Conveyance of land of agricultural value and desert in
      character
      Where the Secretary determines that land to be conveyed under
    clause (3) of subsection (a) of this section is of agricultural
    value and is desert in character, such land shall be conveyed
    either under the sale authority of this section or in accordance
    with other existing law.
    (c) Congressional approval procedures applicable to tracts in
      excess of two thousand five hundred acres
      Where a tract of the public lands in excess of two thousand five
    hundred acres has been designated for sale, such sale may be made
    only after the end of the ninety days (not counting days on which
    the House of Representatives or the Senate has adjourned for more
    than three consecutive days) beginning on the day the Secretary has
    submitted notice of such designation to the Senate and the House of
    Representatives, and then only if the Congress has not adopted a
    concurrent resolution stating that such House does not approve of
    such designation. If the committee to which a resolution has been
    referred during the said ninety day period, has not reported it at
    the end of thirty calendar days after its referral, it shall be in
    order to either discharge the committee from further consideration
    of such resolution or to discharge the committee from consideration
    of any other resolution with respect to the designation. A motion
    to discharge may be made only by an individual favoring the
    resolution, shall be highly privileged (except that it may not be
    made after the committee has reported such a resolution), and
    debate thereon shall be limited to not more than one hour, to be
    divided equally between those favoring and those opposing the
    resolution. An amendment to the motion shall not be in order, and
    it shall not be in order to move to reconsider the vote by which
    the motion was agreed to or disagreed to. If the motion to
    discharge is agreed to or disagreed to, the motion may not be made
    with respect to any other resolution with respect to the same
    designation. When the committee has reprinted, or has been
    discharged from further consideration of a resolution, it shall at
    any time thereafter be in order (even though a previous motion to
    the same effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly
    privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed
    to.
    (d) Sale price
      Sales of public lands shall be made at a price not less than
    their fair market value as determined by the Secretary.
    (e) Maximum size of tracts
      The Secretary shall determine and establish the size of tracts of
    public lands to be sold on the basis of the land use capabilities
    and development requirements of the lands; and, where any such
    tract which is judged by the Secretary to be chiefly valuable for
    agriculture is sold, its size shall be no larger than necessary to
    support a family-sized farm.
    (f) Competitive bidding requirements
      Sales of public lands under this section shall be conducted under
    competitive bidding procedures to be established by the Secretary.
    However, where the Secretary determines it necessary and proper in
    order (1) to assure equitable distribution among purchasers of
    lands, or (2) to recognize equitable considerations or public
    policies, including but not limited to, a preference to users, he
    may sell those lands with modified competitive bidding or without
    competitive bidding. In recognizing public policies, the Secretary
    shall give consideration to the following potential purchasers:
        (1) the State in which the land is located;
        (2) the local government entities in such State which are in
      the vicinity of the land;
        (3) adjoining landowners;
        (4) individuals; and
        (5) any other person.
    (g) Acceptance or rejection of offers to purchase
      The Secretary shall accept or reject, in writing, any offer to
    purchase made through competitive bidding at his invitation no
    later than thirty days after the receipt of such offer or, in the
    case of a tract in excess of two thousand five hundred acres, at
    the end of thirty days after the end of the ninety-day period
    provided in subsection (c) of this section, whichever is later,
    unless the offeror waives his right to a decision within such
    thirty-day period. Prior to the expiration of such periods the
    Secretary may refuse to accept any offer or may withdraw any land
    or interest in land from sale under this section when he determines
    that consummation of the sale would not be consistent with this Act
    or other applicable law.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 203, Oct. 21, 1976, 90 Stat. 2750.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a) and (g), is Pub. L. 94-579,
    Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
    Policy and Management Act of 1976. For complete classification of
    this Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1714                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1714. Withdrawals of lands

-STATUTE-
    (a) Authorization and limitation; delegation of authority
      On and after the effective date of this Act the Secretary is
    authorized to make, modify, extend, or revoke withdrawals but only
    in accordance with the provisions and limitations of this section.
    The Secretary may delegate this withdrawal authority only to
    individuals in the Office of the Secretary who have been appointed
    by the President, by and with the advice and consent of the Senate.
    (b) Application and procedures applicable subsequent to submission
      of application
      (1) Within thirty days of receipt of an application for
    withdrawal, and whenever he proposes a withdrawal on his own
    motion, the Secretary shall publish a notice in the Federal
    Register stating that the application has been submitted for filing
    or the proposal has been made and the extent to which the land is
    to be segregated while the application is being considered by the
    Secretary. Upon publication of such notice the land shall be
    segregated from the operation of the public land laws to the extent
    specified in the notice. The segregative effect of the application
    shall terminate upon (a) rejection of the application by the
    Secretary, (b) withdrawal of lands by the Secretary, or (c) the
    expiration of two years from the date of the notice.
      (2) The publication provisions of this subsection are not
    applicable to withdrawals under subsection (e) hereof.
    (c) Congressional approval procedures applicable to withdrawals
      aggregating five thousand acres or more
      (1) On and after October 21, 1976, a withdrawal aggregating five
    thousand acres or more may be made (or such a withdrawal or any
    other withdrawal involving in the aggregate five thousand acres or
    more which terminates after such date of approval may be extended)
    only for a period of not more than twenty years by the Secretary on
    his own motion or upon request by a department or agency head. The
    Secretary shall notify both Houses of Congress of such a withdrawal
    no later than its effective date and the withdrawal shall terminate
    and become ineffective at the end of ninety days (not counting days
    on which the Senate or the House of Representatives has adjourned
    for more than three consecutive days) beginning on the day notice
    of such withdrawal has been submitted to the Senate and the House
    of Representatives, if the Congress has adopted a concurrent
    resolution stating that such House does not approve the withdrawal.
    If the committee to which a resolution has been referred during the
    said ninety day period, has not reported it at the end of thirty
    calendar days after its referral, it shall be in order to either
    discharge the committee from further consideration of such
    resolution or to discharge the committee from consideration of any
    other resolution with respect to the Presidential recommendation. A
    motion to discharge may be made only by an individual favoring the
    resolution, shall be highly privileged (except that it may not be
    made after the committee has reported such a resolution), and
    debate thereon shall be limited to not more than one hour, to be
    divided equally between those favoring and those opposing the
    resolution. An amendment to the motion shall not be in order, and
    it shall not be in order to move to reconsider the vote by which
    the motion was agreed to or disagreed to. If the motion to
    discharge is agreed to or disagreed to, the motion may not be made
    with respect to any other resolution with respect to the same
    Presidential recommendation. When the committee has reprinted, or
    has been discharged from further consideration of a resolution, it
    shall at any time thereafter be in order (even though a previous
    motion to the same effect has been disagreed to) to move to proceed
    to the consideration of the resolution. The motion shall be highly
    privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed
    to.
      (2) With the notices required by subsection (c)(1) of this
    section and within three months after filing the notice under
    subsection (e) of this section, the Secretary shall furnish to the
    committees - 
        (1) a clear explanation of the proposed use of the land
      involved which led to the withdrawal;
        (2) an inventory and evaluation of the current natural resource
      uses and values of the site and adjacent public and nonpublic
      land and how it appears they will be affected by the proposed
      use, including particularly aspects of use that might cause
      degradation of the environment, and also the economic impact of
      the change in use on individuals, local communities, and the
      Nation;
        (3) an identification of present users of the land involved,
      and how they will be affected by the proposed use;
        (4) an analysis of the manner in which existing and potential
      resource uses are incompatible with or in conflict with the
      proposed use, together with a statement of the provisions to be
      made for continuation or termination of existing uses, including
      an economic analysis of such continuation or termination;
        (5) an analysis of the manner in which such lands will be used
      in relation to the specific requirements for the proposed use;
        (6) a statement as to whether any suitable alternative sites
      are available (including cost estimates) for the proposed use or
      for uses such a withdrawal would displace;
        (7) a statement of the consultation which has been or will be
      had with other Federal departments and agencies, with regional,
      State, and local government bodies, and with other appropriate
      individuals and groups;
        (8) a statement indicating the effect of the proposed uses, if
      any, on State and local government interests and the regional
      economy;
        (9) a statement of the expected length of time needed for the
      withdrawal;
        (10) the time and place of hearings and of other public
      involvement concerning such withdrawal;
        (11) the place where the records on the withdrawal can be
      examined by interested parties; and
        (12) a report prepared by a qualified mining engineer,
      engineering geologist, or geologist which shall include but not
      be limited to information on: general geology, known mineral
      deposits, past and present mineral production, mining claims,
      mineral leases, evaluation of future mineral potential, present
      and potential market demands.
    (d) Withdrawals aggregating less than five thousand acres;
      procedure applicable
      A withdrawal aggregating less than five thousand acres may be
    made under this subsection by the Secretary on his own motion or
    upon request by a department or an agency head - 
        (1) for such period of time as he deems desirable for a
      resource use; or
        (2) for a period of not more than twenty years for any other
      use, including but not limited to use for administrative sites,
      location of facilities, and other proprietary purposes; or
        (3) for a period of not more than five years to preserve such
      tract for a specific use then under consideration by the
      Congress.
    (e) Emergency withdrawals; procedure applicable; duration
      When the Secretary determines, or when the Committee on Natural
    Resources of the House of Representatives or the Committee on
    Energy and Natural Resources of the Senate notifies the Secretary,
    that an emergency situation exists and that extraordinary measures
    must be taken to preserve values that would otherwise be lost, the
    Secretary notwithstanding the provisions of subsections (c)(1) and
    (d) of this section, shall immediately make a withdrawal and file
    notice of such emergency withdrawal with both of those Committees.
    Such emergency withdrawal shall be effective when made but shall
    last only for a period not to exceed three years and may not be
    extended except under the provisions of subsection (c)(1) or (d),
    whichever is applicable, and (b)(1) of this section. The
    information required in subsection (c)(2) of this subsection shall
    be furnished the committees within three months after filing such
    notice.
    (f) Review of existing withdrawals and extensions; procedure
      applicable to extensions; duration
      All withdrawals and extensions thereof, whether made prior to or
    after October 21, 1976, having a specific period shall be reviewed
    by the Secretary toward the end of the withdrawal period and may be
    extended or further extended only upon compliance with the
    provisions of subsection (c)(1) or (d) of this section, whichever
    is applicable, and only if the Secretary determines that the
    purpose for which the withdrawal was first made requires the
    extension, and then only for a period no longer than the length of
    the original withdrawal period. The Secretary shall report on such
    review and extensions to the Committee on Natural Resources of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate.
    (g) Processing and adjudication of existing applications
      All applications for withdrawal pending on October 21, 1976 shall
    be processed and adjudicated to conclusion within fifteen years of
    October 21, 1976, in accordance with the provisions of this
    section. The segregative effect of any application not so processed
    shall terminate on that date.
    (h) Public hearing required for new withdrawals
      All new withdrawals made by the Secretary under this section
    (except an emergency withdrawal made under subsection (e) of this
    section) shall be promulgated after an opportunity for a public
    hearing.
    (i) Consent for withdrawal of lands under administration of
      department or agency other than Department of the Interior
      In the case of lands under the administration of any department
    or agency other than the Department of the Interior, the Secretary
    shall make, modify, and revoke withdrawals only with the consent of
    the head of the department or agency concerned, except when the
    provisions of subsection (e) of this section apply.
    (j) Applicability of other Federal laws withdrawing lands as
      limiting authority
      The Secretary shall not make, modify, or revoke any withdrawal
    created by Act of Congress; make a withdrawal which can be made
    only by Act of Congress; modify or revoke any withdrawal creating
    national monuments under the Act of June 8, 1906 (34 Stat. 225; 16
    U.S.C. 431-433); or modify, or revoke any withdrawal which added
    lands to the National Wildlife Refuge System prior to October 21,
    1976, or which thereafter adds lands to that System under the terms
    of this Act. Nothing in this Act is intended to modify or change
    any provision of the Act of February 27, 1976 (90 Stat. 199; 16
    U.S.C. 668dd(a)).
    (k) Authorization of appropriations for processing applications
      There is hereby authorized to be appropriated the sum of
    $10,000,000 for the purpose of processing withdrawal applications
    pending on the effective date of this Act, to be available until
    expended.
    (l) Review of existing withdrawals in certain States; procedure
      applicable for determination of future status of lands;
      authorization of appropriations
      (1) The Secretary shall, within fifteen years of October 21,
    1976, review withdrawals existing on October 21, 1976, in the
    States of Arizona, California, Colorado, Idaho, Montana, Nevada,
    New Mexico, Oregon, Utah, Washington, and Wyoming of (1) all
    Federal lands other than withdrawals of the public lands
    administered by the Bureau of Land Management and of lands which,
    on October 21, 1976, were part of Indian reservations and other
    Indian holdings, the National Forest System, the National Park
    System, the National Wildlife Refuge System, other lands
    administered by the Fish and Wildlife Service or the Secretary
    through the Fish and Wildlife Service, the National Wild and Scenic
    Rivers System, and the National System of Trails; and (2) all
    public lands administered by the Bureau of Land Management and of
    lands in the National Forest System (except those in wilderness
    areas, and those areas formally identified as primitive or natural
    areas or designated as national recreation areas) which closed the
    lands to appropriation under the Mining Law of 1872 (17 Stat. 91,
    as amended; 30 U.S.C. 22 et seq.) or to leasing under the Mineral
    Leasing Act of 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et
    seq.).
      (2) In the review required by paragraph (1) of this subsection,
    the Secretary shall determine whether, and for how long, the
    continuation of the existing withdrawal of the lands would be, in
    his judgment, consistent with the statutory objectives of the
    programs for which the lands were dedicated and of the other
    relevant programs. The Secretary shall report his recommendations
    to the President, together with statements of concurrence or
    nonconcurrence submitted by the heads of the departments or
    agencies which administer the lands. The President shall transmit
    this report to the President of the Senate and the Speaker of the
    House of Representatives, together with his recommendations for
    action by the Secretary, or for legislation. The Secretary may act
    to terminate withdrawals other than those made by Act of the
    Congress in accordance with the recommendations of the President
    unless before the end of ninety days (not counting days on which
    the Senate and the House of Representatives has adjourned for more
    than three consecutive days) beginning on the day the report of the
    President has been submitted to the Senate and the House of
    Representatives the Congress has adopted a concurrent resolution
    indicating otherwise. If the committee to which a resolution has
    been referred during the said ninety day period, has not reported
    it at the end of thirty calendar days after its referral, it shall
    be in order to either discharge the committee from further
    consideration of such resolution or to discharge the committee from
    consideration of any other resolution with respect to the
    Presidential recommendation. A motion to discharge may be made only
    by an individual favoring the resolution, shall be highly
    privileged (except that it may not be made after the committee has
    reported such a resolution), and debate thereon shall be limited to
    not more than one hour, to be divided equally between those
    favoring and those opposing the resolution. An amendment to the
    motion shall not be in order, and it shall not be in order to move
    to reconsider the vote by which the motion was agreed to or
    disagreed to. If the motion to discharge is agreed to or disagreed
    to, the motion may not be made with respect to any other resolution
    with respect to the same Presidential recommendation. When the
    committee has reprinted, or has been discharged from further
    consideration of a resolution, it shall at any time thereafter be
    in order (even though a previous motion to the same effect has been
    disagreed to) to move to proceed to the consideration of the
    resolution. The motion shall be highly privileged and shall not be
    debatable. An amendment to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which the
    motion was agreed to or disagreed to.
      (3) There are hereby authorized to be appropriated not more than
    $10,000,000 for the purpose of paragraph (1) of this subsection to
    be available until expended to the Secretary and to the heads of
    other departments and agencies which will be involved.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 204, Oct. 21, 1976, 90 Stat. 2751;
    Pub. L. 103-437, Sec. 16(d)(1), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      On and after the effective date of this Act, referred to in
    subsecs. (a) and (k), probably means on and after the date of
    enactment of Pub. L. 94-579, which was approved Oct. 21, 1976.
      Act of June 8, 1906, referred to in subsec. (j), is act June 8,
    1906, ch. 3060, 34 Stat. 225, popularly known as the Antiquities
    Act of 1906, which is classified generally to sections 431, 432,
    and 433 of Title 16, Conservation. For complete classification of
    this Act to the Code, see Short Title note set out under section
    431 of Title 16 and Tables.
      Act of February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)),
    referred to in subsec. (j), is Pub. L. 94-223, Feb. 27, 1976, 90
    Stat. 199, which amended section 668dd of Title 16. For complete
    classification of this Act to the Code, see Tables.
      This Act, referred to in subsec. (j), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.
      The Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22 et
    seq.), referred to in subsec. (l)(1), is act May 10, 1972, ch. 152,
    17 Stat. 91, as amended. That act was incorporated into the Revised
    Statutes as R.S. Secs. 2319 to 2328, 2331, 2333 to 2337, and 2344,
    which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to
    35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For
    complete classification of R.S. Secs. 2319 to 2328, 2331, 2333 to
    2337, and 2344 to the Code, see Tables.
      The Mineral Leasing Act of 1920 (41 Stat. 437, as amended; 30
    U.S.C. 181 et seq.), referred to in subsec. (l)(1), is act Feb. 25,
    1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
    Leasing Act, which is classified generally to chapter 3A (Sec. 181
    et seq.) of Title 30. For complete classification of this Act to
    the Code, see Short Title note set out under section 181 of Title
    30 and Tables.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (e). Pub. L. 103-437, Sec. 16(d)(1)(A),
    substituted "Committee on Natural Resources of the House of
    Representatives or the Committee on Energy and Natural Resources of
    the Senate" for "Committee on Interior and Insular Affairs of
    either the House of Representatives or the Senate" and "both of
    those Committees" for "the Committees on Interior and Insular
    Affairs of the Senate and the House of Representatives".
      Subsec. (f). Pub. L. 103-437, Sec. 16(d)(1)(B), substituted
    "Committee on Natural Resources of the House of Representatives and
    the Committee on Energy and Natural Resources of the Senate" for
    "Committees on Interior and Insular Affairs of the House of
    Representatives and the Senate".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    43 USC Sec. 1715                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1715. Acquisitions of public lands and access over non-Federal
      lands to National Forest System units

-STATUTE-
    (a) Authorization and limitations on authority of Secretary of the
      Interior and Secretary of Agriculture
      Notwithstanding any other provisions of law, the Secretary, with
    respect to the public lands and the Secretary of Agriculture, with
    respect to the acquisition of access over non-Federal lands to
    units of the National Forest System, are authorized to acquire
    pursuant to this Act by purchase, exchange, donation, or eminent
    domain, lands or interests therein: Provided, That with respect to
    the public lands, the Secretary may exercise the power of eminent
    domain only if necessary to secure access to public lands, and then
    only if the lands so acquired are confined to as narrow a corridor
    as is necessary to serve such purpose. Nothing in this subsection
    shall be construed as expanding or limiting the authority of the
    Secretary of Agriculture to acquire land by eminent domain within
    the boundaries of units of the National Forest System.
    (b) Conformity to departmental policies and land-use plan of
      acquisitions
      Acquisitions pursuant to this section shall be consistent with
    the mission of the department involved and with applicable
    departmental land-use plans.
    (c) Status of lands and interests in lands upon acquisition by
      Secretary of the Interior; transfers to Secretary of Agriculture
      of lands and interests in lands acquired within National Forest
      System boundaries
      Except as provided in subsection (e) of this section, lands and
    interests in lands acquired by the Secretary pursuant to this
    section or section 1716 of this title shall, upon acceptance of
    title, become public lands, and, for the administration of public
    land laws not repealed by this Act, shall remain public lands. If
    such acquired lands or interests in lands are located within the
    exterior boundaries of a grazing district established pursuant to
    section 315 of this title, they shall become a part of that
    district. Lands and interests in lands acquired pursuant to this
    section which are within boundaries of the National Forest System
    may be transferred to the Secretary of Agriculture and shall then
    become National Forest System lands and subject to all the laws,
    rules, and regulations applicable thereto.
    (d) Status of lands and interests in lands upon acquisition by
      Secretary of Agriculture
      Lands and interests in lands acquired by the Secretary of
    Agriculture pursuant to this section shall, upon acceptance of
    title, become National Forest System lands subject to all the laws,
    rules, and regulations applicable thereto.
    (e) Status and administration of lands acquired in exchange for
      lands revested in or reconveyed to United States
      Lands acquired by the Secretary pursuant to this section or
    section 1716 of this title in exchange for lands which were
    revested in the United States pursuant to the provisions of the Act
    of June 9, 1916 (39 Stat. 218) or reconveyed to the United States
    pursuant to the provisions of the Act of February 26, 1919 (40
    Stat. 1179), shall be considered for all purposes to have the same
    status as, and shall be administered in accordance with the same
    provisions of law applicable to, the revested or reconveyed lands
    exchanged for the lands acquired by the Secretary.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 205, Oct. 21, 1976, 90 Stat. 2755;
    Pub. L. 99-632, Sec. 5, Nov. 7, 1986, 100 Stat. 3521.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a) and (c), is Pub. L. 94-579,
    Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
    Policy and Management Act of 1976. For complete classification of
    this Act to the Code, see Tables.
      The public land laws, referred to in subsec. (c), are classified
    generally to this title.
      Act of June 9, 1916, referred to in subsec. (e), is not
    classified to the Code.
      Act of February 26, 1919, referred to in subsec. (e), is act Feb.
    26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the
    Code.

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (c). Pub. L. 99-632, Sec. 5(1), inserted exception
    relating to subsec. (e).
      Subsec. (e). Pub. L. 99-632, Sec. 5(2), added subsec. (e).

-End-

-CITE-
    43 USC Sec. 1716                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1716. Exchanges of public lands or interests therein within
      the National Forest System

-STATUTE-
    (a) Authorization and limitations on authority of Secretary of the
      Interior and Secretary of Agriculture
      A tract of public land or interests therein may be disposed of by
    exchange by the Secretary under this Act and a tract of land or
    interests therein within the National Forest System may be disposed
    of by exchange by the Secretary of Agriculture under applicable law
    where the Secretary concerned determines that the public interest
    will be well served by making that exchange: Provided, That when
    considering public interest the Secretary concerned shall give full
    consideration to better Federal land management and the needs of
    State and local people, including needs for lands for the economy,
    community expansion, recreation areas, food, fiber, minerals, and
    fish and wildlife and the Secretary concerned finds that the values
    and the objectives which Federal lands or interests to be conveyed
    may serve if retained in Federal ownership are not more than the
    values of the non-Federal lands or interests and the public
    objectives they could serve if acquired.
    (b) Implementation requirements; cash equalization waiver
      In exercising the exchange authority granted by subsection (a) of
    this section or by section 1715(a) of this title, the Secretary
    concerned may accept title to any non-Federal land or interests
    therein in exchange for such land, or interests therein which he
    finds proper for transfer out of Federal ownership and which are
    located in the same State as the non-Federal land or interest to be
    acquired. For the purposes of this subsection, unsurveyed school
    sections which, upon survey by the Secretary, would become State
    lands, shall be considered as "non-Federal lands". The values of
    the lands exchanged by the Secretary under this Act and by the
    Secretary of Agriculture under applicable law relating to lands
    within the National Forest System either shall be equal, or if they
    are not equal, the values shall be equalized by the payment of
    money to the grantor or to the Secretary concerned as the
    circumstances require so long as payment does not exceed 25 per
    centum of the total value of the lands or interests transferred out
    of Federal ownership. The Secretary concerned and the other party
    or parties involved in the exchange may mutually agree to waive the
    requirement for the payment of money to equalize values where the
    Secretary concerned determines that the exchange will be expedited
    thereby and that the public interest will be better served by such
    a waiver of cash equalization payments and where the amount to be
    waived is no more than 3 per centum of the value of the lands being
    transferred out of Federal ownership or $15,000, whichever is less,
    except that the Secretary of Agriculture shall not agree to waive
    any such requirement for payment of money to the United States. The
    Secretary concerned shall try to reduce the amount of the payment
    of money to as small an amount as possible.
    (c) Status of lands acquired upon exchange by Secretary of the
      Interior
      Lands acquired by the Secretary by exchange under this section
    which are within the boundaries of any unit of the National Forest
    System, National Park System, National Wildlife Refuge System,
    National Wild and Scenic Rivers System, National Trails System,
    National Wilderness Preservation System, or any other system
    established by Act of Congress, or the boundaries of the California
    Desert Conservation Area, or the boundaries of any national
    conservation area or national recreation area established by Act of
    Congress, upon acceptance of title by the United States shall
    immediately be reserved for and become a part of the unit or area
    within which they are located, without further action by the
    Secretary, and shall thereafter be managed in accordance with all
    laws, rules, and regulations applicable to such unit or area.
    (d) Appraisal of land; submission to arbitrator; determination to
      proceed or withdraw from exchange; use of other valuation
      process; suspension of deadlines
      (1) No later than ninety days after entering into an agreement to
    initiate an exchange of land or interests therein pursuant to this
    Act or other applicable law, the Secretary concerned and other
    party or parties involved in the exchange shall arrange for
    appraisal (to be completed within a time frame and under such terms
    as are negotiated by the parties) of the lands or interests therein
    involved in the exchange in accordance with subsection (f) of this
    section.
      (2) If within one hundred and eighty days after the submission of
    an appraisal or appraisals for review and approval by the Secretary
    concerned, the Secretary concerned and the other party or parties
    involved cannot agree to accept the findings of an appraisal or
    appraisals, the appraisal or appraisals shall be submitted to an
    arbitrator appointed by the Secretary from a list of arbitrators
    submitted to him by the American Arbitration Association for
    arbitration to be conducted in accordance with the real estate
    valuation arbitration rules of the American Arbitration
    Association. Such arbitration shall be binding for a period of not
    to exceed two years on the Secretary concerned and the other party
    or parties involved in the exchange insofar as concerns the value
    of the lands which were the subject of the appraisal or appraisals.
      (3) Within thirty days after the completion of the arbitration,
    the Secretary concerned and the other party or parties involved in
    the exchange shall determine whether to proceed with the exchange,
    modify the exchange to reflect the findings of the arbitration or
    any other factors, or to withdraw from the exchange. A decision to
    withdraw from the exchange may be made by either the Secretary
    concerned or the other party or parties involved.
      (4) Instead of submitting the appraisal to an arbitrator, as
    provided in paragraph (2) of this section, the Secretary concerned
    and the other party or parties involved in an exchange may mutually
    agree to employ a process of bargaining or some other process to
    determine the values of the properties involved in the exchange.
      (5) The Secretary concerned and the other party or parties
    involved in an exchange may mutually agree to suspend or modify any
    of the deadlines contained in this subsection.
    (e) Simultaneous issue of patents or titles
      Unless mutually agreed otherwise by the Secretary concerned and
    the other party or parties involved in an exchange pursuant to this
    Act or other applicable law, all patents or titles to be issued for
    land or interests therein to be acquired by the Federal Government
    and lands or interest therein to be transferred out of Federal
    ownership shall be issued simultaneously after the Secretary
    concerned has taken any necessary steps to assure that the United
    States will receive acceptable title.
    (f) New rules and regulations; appraisal rules and regulations;
      "costs and other responsibilities or requirements" defined
      (1) Within one year after August 20, 1988, the Secretaries of the
    Interior and Agriculture shall promulgate new and comprehensive
    rules and regulations governing exchanges of land and interests
    therein pursuant to this Act and other applicable law. Such rules
    and regulations shall fully reflect the changes in law made by
    subsections (d) through (i) of this section and shall include
    provisions pertaining to appraisals of lands and interests therein
    involved in such exchanges.
      (2) The provisions of the rules and regulations issued pursuant
    to paragraph (1) of this subsection governing appraisals shall
    reflect nationally recognized appraisal standards, including, to
    the extent appropriate, the Uniform Appraisal Standards for Federal
    Land Acquisitions: Provided, however, That the provisions of such
    rules and regulations shall - 
        (A) ensure that the same nationally approved appraisal
      standards are used in appraising lands or interest therein being
      acquired by the Federal Government and appraising lands or
      interests therein being transferred out of Federal ownership; and
        (B) with respect to costs or other responsibilities or
      requirements associated with land exchanges - 
          (i) recognize that the parties involved in an exchange may
        mutually agree that one party (or parties) will assume, without
        compensation, all or part of certain costs or other
        responsibilities or requirements ordinarily borne by the other
        party or parties; and
          (ii) also permit the Secretary concerned, where such
        Secretary determines it is in the public interest and it is in
        the best interest of consummating an exchange pursuant to this
        Act or other applicable law, and upon mutual agreement of the
        parties, to make adjustments to the relative values involved in
        an exchange transaction in order to compensate a party or
        parties to the exchange for assuming costs or other
        responsibilities or requirements which would ordinarily be
        borne by the other party or parties.

      As used in this subparagraph, the term "costs or other
    responsibilities or requirements" shall include, but not be limited
    to, costs or other requirements associated with land surveys and
    appraisals, mineral examinations, title searches, archeological
    surveys and salvage, removal of encumbrances, arbitration pursuant
    to subsection (d) of this section, curing deficiencies preventing
    highest and best use, and other costs to comply with laws,
    regulations and policies applicable to exchange transactions, or
    which are necessary to bring the Federal or non-Federal lands or
    interests involved in the exchange to their highest and best use
    for the appraisal and exchange purposes. Prior to making any
    adjustments pursuant to this subparagraph, the Secretary concerned
    shall be satisfied that the amount of such adjustment is reasonable
    and accurately reflects the approximate value of any costs or
    services provided or any responsibilities or requirements assumed.
    (g) Exchanges to proceed under existing laws and regulations
      pending new rules and regulations
      Until such time as new and comprehensive rules and regulations
    governing exchange of land and interests therein are promulgated
    pursuant to subsection (f) of this section, land exchanges may
    proceed in accordance with existing laws and regulations, and
    nothing in the Act shall be construed to require any delay in, or
    otherwise hinder, the processing and consummation of land exchanges
    pending the promulgation of such new and comprehensive rules and
    regulations. Where the Secretary concerned and the party or parties
    involved in an exchange have agreed to initiate an exchange of land
    or interests therein prior to the day of enactment of such
    subsections, subsections (d) through (i) of this section shall not
    apply to such exchanges unless the Secretary concerned and the
    party or parties involved in the exchange mutually agree otherwise.
    (h) Exchange of lands or interests of approximately equal value;
      conditions; "approximately equal value" defined
      (1) Notwithstanding the provisions of this Act and other
    applicable laws which require that exchanges of land or interests
    therein be for equal value, where the Secretary concerned
    determines it is in the public interest and that the consummation
    of a particular exchange will be expedited thereby, the Secretary
    concerned may exchange lands or interests therein which are of
    approximately equal value in cases where - 
        (A) the combined value of the lands or interests therein to be
      transferred from Federal ownership by the Secretary concerned in
      such exchange is not more than $150,000; and
        (B) the Secretary concerned finds in accordance with the
      regulations to be promulgated pursuant to subsection (f) of this
      section that a determination of approximately equal value can be
      made without formal appraisals, as based on a statement of value
      made by a qualified appraiser and approved by an authorized
      officer; and
        (C) the definition of and procedure for determining
      "approximately equal value" has been set forth in regulations by
      the Secretary concerned and the Secretary concerned documents how
      such determination was made in the case of the particular
      exchange involved.

      (2) As used in this subsection, the term "approximately equal
    value" shall have the same meaning with respect to lands managed by
    the Secretary of Agriculture as it does in the Act of January 22,
    1983 (commonly known as the "Small Tracts Act").
    (i) Segregation from appropriation under mining and public land
      laws
      (1) Upon receipt of an offer to exchange lands or interests in
    lands pursuant to this Act or other applicable laws, at the request
    of the head of the department or agency having jurisdiction over
    the lands involved, the Secretary of the Interior may temporarily
    segregate the Federal lands under consideration for exchange from
    appropriation under the mining laws. Such temporary segregation may
    only be made for a period of not to exceed five years. Upon a
    decision not to proceed with the exchange or upon deletion of any
    particular parcel from the exchange offer, the Federal lands
    involved or deleted shall be promptly restored to their former
    status under the mining laws. Any segregation pursuant to this
    paragraph shall be subject to valid existing rights as of the date
    of such segregation.
      (2) All non-Federal lands which are acquired by the United States
    through exchange pursuant to this Act or pursuant to other law
    applicable to lands managed by the Secretary of Agriculture shall
    be automatically segregated from appropriation under the public
    land law, including the mining laws, for ninety days after
    acceptance of title by the United States. Such segregation shall be
    subject to valid existing rights as of the date of such acceptance
    of title. At the end of such ninety day period, such segregation
    shall end and such lands shall be open to operation of the public
    land laws and to entry, location, and patent under the mining laws
    except to the extent otherwise provided by this Act or other
    applicable law, or appropriate actions pursuant thereto.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 206, Oct. 21, 1976, 90 Stat. 2756;
    Pub. L. 100-409, Secs. 3, 9, Aug. 20, 1988, 102 Stat. 1087, 1092.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a), (b), (d)(1), (e), (f)(1),
    (2)(B)(ii), (g), (h)(1), and (i), is Pub. L. 94-579, Oct. 21, 1976,
    90 Stat. 2743, as amended, known as the Federal Land Policy and
    Management Act of 1976. For complete classification of this Act to
    the Code, see Tables.
      Act of January 22, 1983 (commonly known as the "Small Tracts
    Act"), referred to in subsec. (h)(2), is Pub. L. 97-465, Jan. 12,
    1983, 96 Stat. 2535, which enacted sections 521c to 521i of Title
    16, Conservation, and amended section 484a of Title 16. For
    complete classification of this Act to the Code, see Tables.
      The mining laws, referred to in subsec. (i), are classified
    generally to Title 30, Mineral Lands and Mining.
      The public land law, referred to in subsec. (i)(2), is classified
    generally to this title.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-409, Sec. 3(b), inserted
    "concerned" after "Secretary" in first sentence.
      Pub. L. 100-409, Sec. 9, inserted provision relating to waiver of
    cash equalization payments.
      Subsec. (c). Pub. L. 100-409, Sec. 3(c), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "Lands
    acquired by exchange under this section by the Secretary which are
    within the boundaries of the National Forest System may be
    transferred to the Secretary of Agriculture and shall then become
    National Forest System lands and subject to all the laws, rules,
    and regulations applicable to the National Forest System. Lands
    acquired by exchange by the Secretary under this section which are
    within the boundaries of National Park, Wildlife Refuge, Wild and
    Scenic Rivers, Trails, or any other System established by Act of
    Congress may be transferred to the appropriate agency head for
    administration as part of such System and in accordance with the
    laws, rules, and regulations applicable to such System."
      Subsecs. (d) to (i). Pub. L. 100-409, Sec. 3(a), added subsecs.
    (d) to (i).

             CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES         
      Section 2 of Pub. L. 100-409 provided that:
      "(a) Findings. - The Congress finds and declares that - 
        "(1) land exchanges are a very important tool for Federal and
      State land managers and private landowners to consolidate
      Federal, State, and private holdings of land or interests in land
      for purposes of more efficient management and to secure important
      objectives including the protection of fish and wildlife habitat
      and aesthetic values; the enhancement of recreation
      opportunities; the consolidation of mineral and timber holdings
      for more logical and efficient development; the expansion of
      communities; the promotion of multiple-use values; and
      fulfillment of public needs;
        "(2) needs for land ownership adjustments and consolidation
      consistently outpace available funding for land purchases by the
      Federal Government and thereby make land exchanges an
      increasingly important method of land acquisition and
      consolidation for both Federal and State land managers and
      private landowners;
        "(3) the Federal Land Policy and Management Act of 1976 [Pub.
      L. 94-579, see Short Title note set out under section 1701 of
      this title] and other laws provide a basic framework and
      authority for land exchanges involving lands under the
      jurisdiction of the Secretary of the Interior and the Secretary
      of Agriculture; and
        "(4) such existing laws are in need of certain revisions to
      streamline and facilitate land exchange procedures and expedite
      exchanges.
      "(b) Purposes. - The purposes of this Act [see Short Title of
    1988 Amendment note set out under section 1701 of this title] are:
        "(1) to facilitate and expedite land exchanges pursuant to the
      Federal Land Policy and Management Act of 1976 and other laws
      applicable to exchanges involving lands managed by the
      Departments of the Interior and Agriculture by - 
          "(A) providing more uniform rules and regulations pertaining
        to land appraisals which reflect nationally recognized
        appraisal standards; and
          "(B) establishing procedures and guidelines for the
        resolution of appraisal disputes.[;]
        "(2) to provide sufficient resources to the Secretaries of the
      Interior and Agriculture to ensure that land exchange activities
      can proceed consistent with the public interest; and
        "(3) to require a study and report concerning improvements in
      the handling of certain information related to Federal and other
      lands."

                    LAND EXCHANGE FUNDING AUTHORIZATION                
      Section 4 of Pub. L. 100-409 provided that: "In order to ensure
    that there are increased funds and personnel available to the
    Secretaries of the Interior and Agriculture to consider, process,
    and consummate land exchanges pursuant to the Federal Land Policy
    and Management Act of 1976 [Pub. L. 94-579, see Short Title note
    set out under section 1701 of this title] and other applicable law,
    there are hereby authorized to be appropriated for fiscal years
    1989 through 1998 an annual amount not to exceed $4,000,000 which
    shall be used jointly or divided among the Secretaries as they
    determine appropriate for the consideration, processing, and
    consummation of land exchanges pursuant to the Federal Land Policy
    and Management Act of 1976, as amended, and other applicable law.
    Such moneys are expressly intended by Congress to be in addition
    to, and not offset against, moneys otherwise annually requested by
    the Secretaries, and appropriated by Congress for land exchange
    purposes."

                             SAVINGS PROVISION                         
      Section 5 of Pub. L. 100-409 provided that: "Nothing in this Act
    [see Short Title of 1988 Amendment note set out under section 1701
    of this title] shall be construed as amending the Alaska Native
    Claims Settlement Act (Public Law 92-203, as amended) [43 U.S.C.
    1601 et seq.] or the Alaska National Interest Lands Conservation
    Act (Public Law 96-487, as amended) [see Tables for classification]
    or as enlarging or diminishing the authority with regard to
    exchanges conferred upon either the Secretary of the Interior or
    the Secretary of Agriculture by either such Acts. If any provision
    of this Act or the application thereof is held invalid, the
    remainder of the Act and the application thereof shall not be
    affected thereby. Nothing in this Act shall be construed to change
    the discretionary nature of land exchanges or to prohibit the
    Secretary concerned or any other party or parties involved in a
    land exchange from withdrawing from the exchange at any time,
    unless the Secretary concerned and the other party or parties
    specifically commit otherwise by written agreement."

-End-

-CITE-
    43 USC Sec. 1717                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1717. Qualifications of conveyees

-STATUTE-
      No tract of land may be disposed of under this Act, whether by
    sale, exchange, or donation, to any person who is not a citizen of
    the United States, or in the case of a corporation, is not subject
    to the laws of any State or of the United States.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 207, Oct. 21, 1976, 90 Stat. 2757.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 94-579, Oct. 21, 1976,
    90 Stat. 2743, as amended, known as the Federal Land Policy and
    Management Act of 1976. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1718                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1718. Documents of conveyance; terms, covenants, etc.

-STATUTE-
      The Secretary shall issue all patents or other documents of
    conveyance after any disposal authorized by this Act. The Secretary
    shall insert in any such patent or other document of conveyance he
    issues, except in the case of land exchanges, for which the
    provisions of subsection 1716(b) of this title shall apply, such
    terms, covenants, conditions, and reservations as he deems
    necessary to insure proper land use and protection of the public
    interest: Provided, That a conveyance of lands by the Secretary,
    subject to such terms, covenants, conditions, and reservations,
    shall not exempt the grantee from compliance with applicable
    Federal or State law or State land use plans: Provided further,
    That the Secretary shall not make conveyances of public lands
    containing terms and conditions which would, at the time of the
    conveyance, constitute a violation of any law or regulation
    pursuant to State and local land use plans, or programs.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 208, Oct. 21, 1976, 90 Stat. 2757.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 94-579, Oct. 21, 1976,
    90 Stat. 2743, as amended, known as the Federal Land Policy and
    Management Act of 1976. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1719                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1719. Mineral interests; reservation and conveyance
      requirements and procedures

-STATUTE-
      (a) All conveyances of title issued by the Secretary, except
    those involving land exchanges provided for in section 1716 of this
    title, shall reserve to the United States all minerals in the
    lands, together with the right to prospect for, mine, and remove
    the minerals under applicable law and such regulations as the
    Secretary may prescribe, except that if the Secretary makes the
    findings specified in subsection (b) of this section, the minerals
    may then be conveyed together with the surface to the prospective
    surface owner as provided in subsection (b) of this section.
      (b)(1) The Secretary, after consultation with the appropriate
    department or agency head, may convey mineral interests owned by
    the United States where the surface is or will be in non-Federal
    ownership, regardless of which Federal entity may have administered
    the surface, if he finds (1) that there are no known mineral values
    in the land, or (2) that the reservation of the mineral rights in
    the United States is interfering with or precluding appropriate
    nonmineral development of the land and that such development is a
    more beneficial use of the land than mineral development.
      (2) Conveyance of mineral interests pursuant to this section
    shall be made only to the existing or proposed record owner of the
    surface, upon payment of administrative costs and the fair market
    value of the interests being conveyed.
      (3) Before considering an application for conveyance of mineral
    interests pursuant to this section - 
        (i) the Secretary shall require the deposit by the applicant of
      a sum of money which he deems sufficient to cover administrative
      costs including, but not limited to, costs of conducting an
      exploratory program to determine the character of the mineral
      deposits in the land, evaluating the data obtained under the
      exploratory program to determine the fair market value of the
      mineral interests to be conveyed, and preparing and issuing the
      documents of conveyance: Provided, That, if the administrative
      costs exceed the deposit, the applicant shall pay the outstanding
      amount; and, if the deposit exceeds the administrative costs, the
      applicant shall be given a credit for or refund of the excess; or
        (ii) the applicant, with the consent of the Secretary, shall
      have conducted, and submitted to the Secretary the results of,
      such an exploratory program, in accordance with standards
      promulgated by the Secretary.

      (4) Moneys paid to the Secretary for administrative costs
    pursuant to this subsection shall be paid to the agency which
    rendered the service and deposited to the appropriation then
    current.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 209, Oct. 21, 1976, 90 Stat. 2757.)

-End-

-CITE-
    43 USC Sec. 1720                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1720. Coordination by Secretary of the Interior with State and
      local governments

-STATUTE-
      At least sixty days prior to offering for sale or otherwise
    conveying public lands under this Act, the Secretary shall notify
    the Governor of the State within which such lands are located and
    the head of the governing body of any political subdivision of the
    State having zoning or other land use regulatory jurisdiction in
    the geographical area within which such lands are located, in order
    to afford the appropriate body the opportunity to zone or otherwise
    regulate, or change or amend existing zoning or other regulations
    concerning the use of such lands prior to such conveyance. The
    Secretary shall also promptly notify such public officials of the
    issuance of the patent or other document of conveyance for such
    lands.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 210, Oct. 21, 1976, 90 Stat. 2758.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 94-579, Oct. 21, 1976,
    90 Stat. 2743, as amended, known as the Federal Land Policy and
    Management Act of 1976. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1721                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1721. Conveyances of public lands to States, local
      governments, etc.

-STATUTE-
    (a) Unsurveyed islands; authorization and limitations on authority
      The Secretary is authorized to convey to States or their
    political subdivisions under the Recreation and Public Purposes Act
    (44 Stat. 741 as amended; 43 U.S.C. 869 et seq.), as amended, but
    without regard to the acreage limitations contained therein,
    unsurveyed islands determined by the Secretary to be public lands
    of the United States. The conveyance of any such island may be made
    without survey: Provided, however, That such island may be surveyed
    at the request of the applicant State or its political subdivision
    if such State or subdivision donates money or services to the
    Secretary for such survey, the Secretary accepts such money or
    services, and such services are conducted pursuant to criteria
    established by the Director of the Bureau of Land Management. Any
    such island so surveyed shall not be conveyed without approval of
    such survey by the Secretary prior to the conveyance.
    (b) Omitted lands; authorization and limitations on authority
      (1) The Secretary is authorized to convey to States and their
    political subdivisions under the Recreation and Public Purposes Act
    [43 U.S.C. 869 to 869-4], but without regard to the acreage
    limitations contained therein, lands other than islands determined
    by him after survey to be public lands of the United States
    erroneously or fraudulently omitted from the original surveys
    (hereinafter referred to as "omitted lands"). Any such conveyance
    shall not be made without a survey: Provided, That the prospective
    recipient may donate money or services to the Secretary for the
    surveying necessary prior to conveyance if the Secretary accepts
    such money or services, such services are conducted pursuant to
    criteria established by the Director of the Bureau of Land
    Management, and such survey is approved by the Secretary prior to
    the conveyance.
      (2) The Secretary is authorized to convey to the occupant of any
    omitted lands which, after survey, are found to have been occupied
    and developed for a five-year period prior to January 1, 1975, if
    the Secretary determines that such conveyance is in the public
    interest and will serve objectives which outweigh all public
    objectives and values which would be served by retaining such lands
    in Federal ownership. Conveyance under this subparagraph shall be
    made at not less than the fair market value of the land, as
    determined by the Secretary, and upon payment in addition of
    administrative costs, including the cost of making the survey, the
    cost of appraisal, and the cost of making the conveyance.
    (c) Conformity with land use plans and programs and coordination
      with State and local governments of conveyances
      (1) No conveyance shall be made pursuant to this section until
    the relevant State government, local government, and areawide
    planning agency designated pursuant to section 204 of the
    Demonstration Cities and Metropolitan Development Act of 1966 (80
    Stat. 1255, 1262) [42 U.S.C. 3334] and/or section 6506 of title 31
    have notified the Secretary as to the consistency of such
    conveyance with applicable State and local government land use
    plans and programs.
      (2) The provisions of section 1720 of this title shall be
    applicable to all conveyances under this section.
    (d) Applicability of other statutory requirements for authorized
      use of conveyed lands
      The final sentence of section 1(c) of the Recreation and Public
    Purposes Act [43 U.S.C. 869(c)] shall not be applicable to
    conveyances under this section.
    (e) Limitations on uses of conveyed lands
      No conveyance pursuant to this section shall be used as the basis
    for determining the baseline between Federal and State ownership,
    the boundary of any State for purposes of determining the extent of
    a State's submerged lands or the line of demarcation of Federal
    jurisdiction, or any similar or related purpose.
    (f) Applicability to lands within National Forest System, National
      Park System, National Wildlife Refuge System, and National Wild
      and Scenic Rivers System
      The provisions of this section shall not apply to any lands
    within the National Forest System, defined in the Act of August 17,
    1974 (88 Stat. 476; 16 U.S.C. 1601), the National Park System, the
    National Wildlife Refuge System, and the National Wild and Scenic
    Rivers System.
    (g) Applicability to other statutory provisions authorizing sale of
      specific omitted lands
      Nothing in this section shall supersede the provisions of the Act
    of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068), as amended,
    and the Act of May 31, 1962 (76 Stat. 89), or any other Act
    authorizing the sale of specific omitted lands.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 211, Oct. 21, 1976, 90 Stat. 2758.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Recreation and Public Purposes Act, referred to in subsecs.
    (a) and (b)(1), is act June 14, 1926, ch. 578, 44 Stat. 741, as
    amended, which is classified to sections 869 to 869-4 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 869 of this title and
    Tables.
      Act of August 17, 1974 (88 Stat. 476; 16 U.S.C. 1601), referred
    to in subsec. (f), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476,
    as amended, known as the Forest and Rangelands Renewable Resources
    Planning Act of 1974, which is classified generally to subchapter I
    (Sec. 1600 et seq.) chapter 36 of Title 16, Conservation. The
    provisions of such Act defining the lands within the National
    Forest System are set out in section 1609 of Title 16. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1600 of Title 16 and Tables.
      Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068), as
    amended, referred to in subsec. (g), is act Dec. 22, 1928, ch. 47,
    45 Stat. 1069, as amended, which is classified generally to chapter
    25A (Sec. 1068 et seq.) of this title. For complete classification
    of this Act to the Code, see Tables.
      Act of May 31, 1962, referred to in subsec. (g), is Pub. L. 87-
    469, May 31, 1962, 76 Stat. 89, which is not classified to the
    Code.

-COD-
                               CODIFICATION                           
      In subsec. (c)(1), "section 6506 of title 31" substituted for
    "title IV of the Intergovernmental Cooperation Act of 1968 (82
    Stat. 1098, 1103-4) [42 U.S.C. 4231 et seq.]" on authority of Pub.
    L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
    section of which enacted Title 31, Money and Finance.

-End-

-CITE-
    43 USC Sec. 1722                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1722. Sale of public lands subject to unintentional trespass

-STATUTE-
    (a) Preference right of contiguous landowners; offering price
      Notwithstanding the provisions of the Act of September 26, 1968
    (82 Stat. 870; 43 U.S.C. 1431-1435), hereinafter called the "1968
    Act", with respect to applications under the 1968 Act which were
    pending before the Secretary as of the effective date of this
    subsection and which he approves for sale under the criteria
    prescribed by the 1968 Act, he shall give the right of first
    refusal to those having a preference right under section 2 of the
    1968 Act [43 U.S.C. 1432]. The Secretary shall offer such lands to
    such preference right holders at their fair market value (exclusive
    of any values added to the land by such holders and their
    predecessors in interest) as determined by the Secretary as of
    September 26, 1973.
    (b) Procedures applicable
      Within three years after October 21, 1976, the Secretary shall
    notify the filers of applications subject to paragraph (a) of this
    section whether he will offer them the lands applied for and at
    what price; that is, their fair market value as of September 26,
    1973, excluding any value added to the lands by the applicants or
    their predecessors in interest. He will also notify the President
    of the Senate and the Speaker of the House of Representatives of
    the lands which he has determined not to sell pursuant to paragraph
    (a) of this section and the reasons therefor. With respect to such
    lands which the Secretary determined not to sell, he shall take no
    other action to convey those lands or interests in them before the
    end of ninety days (not counting days on which the House of
    Representatives or the Senate has adjourned for more than three
    consecutive days) beginning on the date the Secretary has submitted
    such notice to the Senate and House of Representatives. If, during
    that ninety-day period, the Congress adopts a concurrent resolution
    stating the length of time such suspension of action should
    continue, he shall continue such suspension for the specified time
    period. If the committee to which a resolution has been referred
    during the said ninety-day period, has not reported it at the end
    of thirty calendar days after its referral, it shall be in order to
    either discharge the committee from further consideration of such
    resolution or to discharge the committee from consideration of any
    other resolution with respect to the suspension of action. A motion
    to discharge may be made only by an individual favoring the
    resolution, shall be highly privileged (except that it may not be
    made after the committee has reported such a resolution), and
    debate thereon shall be limited to not more than one hour, to be
    divided equally between those favoring and those opposing the
    resolution. An amendment to the motion shall not be in order, and
    it shall not be in order to move to reconsider the vote by which
    the motion was agreed to or disagreed to. If the motion to
    discharge is agreed to or disagreed to, the motion may not be made
    with respect to any other resolution with respect to the same
    suspension of action. When the committee has reprinted, or has been
    discharged from further consideration of a resolution, it shall at
    any time thereafter be in order (even though a previous motion to
    the same effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly
    privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed
    to.
    (c) Time for processing of applications and sales
      Within five years after October 21, 1976, the Secretary shall
    complete the processing of all applications filed under the 1968
    Act and hold sales covering all lands which he has determined to
    sell thereunder.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 214, Oct. 21, 1976, 90 Stat. 2760.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of September 26, 1968, referred to in subsec. (a), is Pub. L.
    90-516, Sept. 26, 1968, 82 Stat. 870, which was classified
    generally to subchapter VII [Sec. 1431 et seq.] of chapter 30 of
    this title, and was omitted from the Code pursuant to section 1435
    of this title, which provided that the authority granted by that
    subchapter was to expire three years from September 26, 1968, with
    certain exceptions. For complete classification of this Act to the
    Code prior to omission, see Tables.
      The effective date of this subsection, referred to in subsec.
    (a), probably means the date of the enactment of such subsection
    (a) by Pub. L. 94-579, which was approved Oct. 21, 1976.

-End-

-CITE-
    43 USC Sec. 1723                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND
                     DISPOSITION               

-HEAD-
    Sec. 1723. Temporary revocation authority

-STATUTE-
    (a) Exchange involved
      When the sole impediment to consummation of an exchange of lands
    or interests therein (hereinafter referred to as an exchange)
    determined to be in the public interest, is the inability of the
    Secretary of the Interior to revoke, modify, or terminate part or
    all of a withdrawal or classification because of the order (or
    subsequent modification or continuance thereof) of the United
    States District Court for the District of Columbia dated February
    10, 1986, in Civil Action No. 85-2238 (National Wildlife Federation
    v. Robert E. Burford, et al.), the Secretary of the Interior is
    hereby authorized, notwithstanding such order (or subsequent
    modification or continuance thereof), to use the authority
    contained herein, in lieu of other authority provided in this Act
    including section 1714 of this title, to revoke, modify, or
    terminate in whole or in part, withdrawals or classifications to
    the extent deemed necessary by the Secretary to enable the United
    States to transfer land or interests therein out of Federal
    ownership pursuant to an exchange.
    (b) Requirements
      The authority specified in subsection (a) of this section may be
    exercised only in cases where - 
        (1) a particular exchange is proposed to be carried out
      pursuant to this Act, as amended, or other applicable law
      authorizing such an exchange;
        (2) the proposed exchange has been prepared in compliance with
      all laws applicable to such exchange;
        (3) the head of each Federal agency managing the lands proposed
      for such transfer has submitted to the Secretary of the Interior
      a statement of concurrence with the proposed revocation,
      modification, or termination;
        (4) at least sixty days have elapsed since the Secretary of the
      Interior has published in the Federal Register a notice of the
      proposed revocation, modification, or termination; and
        (5) at least sixty days have elapsed since the Secretary of the
      Interior has transmitted to the Committee on Natural Resources of
      the House of Representatives and the Committee on Energy and
      Natural Resources of the United States Senate a report which
      includes - 
          (A) a justification for the necessity of exercising such
        authority in order to complete an exchange;
          (B) an explanation of the reasons why the continuation of the
        withdrawal or a classification or portion thereof proposed for
        revocation, modification, or termination is no longer necessary
        for the purposes of the statutory or other program or programs
        for which the withdrawal or classification was made or other
        relevant programs;
          (C) assurances that all relevant documents concerning the
        proposed exchange or purchase for which such authority is
        proposed to be exercised (including documents related to
        compliance with the National Environmental Policy Act of 1969
        [42 U.S.C. 4321 et seq.] and all other applicable provisions of
        law) are available for public inspection in the office of the
        Secretary concerned located nearest to the lands proposed for
        transfer out of Federal ownership in furtherance of such
        exchange and that the relevant portions of such documents are
        also available in the offices of the Secretary concerned in
        Washington, District of Columbia; and
          (D) an explanation of the effect of the revocation,
        modification, or termination of a withdrawal or classification
        or portion thereof and the transfer of lands out of Federal
        ownership pursuant to the particular proposed exchange, on the
        objectives of the land management plan which is applicable at
        the time of such transfer to the land to be transferred out of
        Federal ownership.
    (c) Limitations
      (1) Nothing in this section shall be construed as affirming or
    denying any of the allegations made by any party in the civil
    action specified in subsection (a) of this section, or as
    constituting an expression of congressional opinion with respect to
    the merits of any allegation, contention, or argument made or issue
    raised by any party in such action, or as expanding or diminishing
    the jurisdiction of the United States District Court for the
    District of Columbia.
      (2) Except as specifically provided in this section, nothing in
    this section shall be construed as modifying, terminating,
    revoking, or otherwise affecting any provision of law applicable to
    land exchanges, withdrawals, or classifications.
      (3) The availability or exercise of the authority granted in
    subsection (a) of this section may not be considered by the
    Secretary of the Interior in making a determination pursuant to
    this Act or other applicable law as to whether or not any proposed
    exchange is in the public interest.
    (d) Termination
      The authority specified in subsection (a) of this section shall
    expire either (1) on December 31, 1990, or (2) when the Court order
    (or subsequent modification or continuation thereof) specified in
    subsection (a) of this section is no longer in effect, whichever
    occurs first.

-SOURCE-
    (Pub. L. 94-579, title II, Sec. 215, as added Pub. L. 100-409, Sec.
    10, Aug. 20, 1988, 102 Stat. 1092; amended Pub. L. 103-437, Sec.
    16(d)(2), Nov. 2, 1994, 108 Stat. 4595.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a), (b)(1), and (c)(3), is
    Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
    the Federal Land Policy and Management Act of 1976. For complete
    classification of this Act to the Code, see Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (b)(5)(C), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,
    as amended, which is classified generally to chapter 55 (Sec. 4321
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(5). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                             SAVINGS PROVISION                         
      See note set out under section 1716 of this title.

-End-

-CITE-
    43 USC SUBCHAPTER III - ADMINISTRATION                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
                      SUBCHAPTER III - ADMINISTRATION                  

-End-

-CITE-
    43 USC Sec. 1731                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1731. Bureau of Land Management

-STATUTE-
    (a) Director; appointment, qualifications, functions, and duties
      The Bureau of Land Management established by Reorganization Plan
    Numbered 3, of 1946 shall have as its head a Director. Appointments
    to the position of Director shall hereafter be made by the
    President, by and with the advice and consent of the Senate. The
    Director of the Bureau shall have a broad background and
    substantial experience in public land and natural resource
    management. He shall carry out such functions and shall perform
    such duties as the Secretary may prescribe with respect to the
    management of lands and resources under his jurisdiction according
    to the applicable provisions of this Act and any other applicable
    law.
    (b) Statutory transfer of functions, powers and duties relating to
      administration of laws
      Subject to the discretion granted to him by Reorganization Plan
    Numbered 3 of 1950, the Secretary shall carry out through the
    Bureau all functions, powers, and duties vested in him and relating
    to the administration of laws which, on October 21, 1976, were
    carried out by him through the Bureau of Land Management
    established by section 403 of Reorganization Plan Numbered 3 of
    1946. The Bureau shall administer such laws according to the
    provisions thereof existing as of October 21, 1976, as modified by
    the provisions of this Act or by subsequent law.
    (c) Associate Director, Assistant Directors, and other employees;
      appointment and compensation
      In addition to the Director, there shall be an Associate Director
    of the Bureau and so many Assistant Directors, and other employees,
    as may be necessary, who shall be appointed by the Secretary
    subject to the provisions of title 5 governing appointments in the
    competitive service, and shall be paid in accordance with the
    provisions of chapter 51 and subchapter 3 (!1) of chapter 53 of
    such title relating to classification and General Schedule pay
    rates.

    (d) Existing regulations relating to administration of laws
      Nothing in this section shall affect any regulation of the
    Secretary with respect to the administration of laws administered
    by him through the Bureau on October 21, 1976.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 301, Oct. 21, 1976, 90 Stat.
    2762.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provision of Reorg. Plan No. 3 of 1946 establishing the
    Bureau of Land Management, referred to in subsec. (a), is section
    403 of such Reorg. Plan. Section 403 of Reorg. Plan No. 3 of 1946,
    also referred to in subsec. (b), is set out as a note under section
    1 of this title.
      This Act, referred to in subsecs. (a) and (b), is Pub. L. 94-579,
    Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
    Policy and Management Act of 1976. For complete classification of
    this Act to the Code, see Tables.
      Reorganization Plan Numbered 3 of 1950, referred to in subsec.
    (b), is set out under section 1451 of this title.
      The provisions of title 5, governing appointments in the
    competitive service, referred to in subsec. (c), are classified to
    section 3301 et seq. of Title 5, Government Organization and
    Employees.
      The General Schedule, referred to in subsec. (c), is set out
    under section 5332 of Title 5.

-MISC1-
     USE OF APPROPRIATED FUNDS FOR PROTECTION OF LANDS AND SURVEYS OF
                          FEDERAL LANDS IN ALASKA
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1378, provided
    in part: "That appropriations herein [Department of the Interior
    and Related Agencies Appropriations Act, 1993] made, in fiscal year
    1993 and thereafter, may be expended for surveys of Federal lands
    and on a reimbursable basis for surveys of Federal lands and for
    protection of lands for the State of Alaska".

-FOOTNOTE-
    (!1) So in original. Probably should be subchapter "III".

-End-

-CITE-
    43 USC Sec. 1732                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1732. Management of use, occupancy, and development of public
      lands

-STATUTE-
    (a) Multiple use and sustained yield requirements applicable;
      exception
      The Secretary shall manage the public lands under principles of
    multiple use and sustained yield, in accordance with the land use
    plans developed by him under section 1712 of this title when they
    are available, except that where a tract of such public land has
    been dedicated to specific uses according to any other provisions
    of law it shall be managed in accordance with such law.
    (b) Easements, permits, etc., for utilization through habitation,
      cultivation, and development of small trade or manufacturing
      concerns; applicable statutory requirements
      In managing the public lands, the Secretary shall, subject to
    this Act and other applicable law and under such terms and
    conditions as are consistent with such law, regulate, through
    easements, permits, leases, licenses, published rules, or other
    instruments as the Secretary deems appropriate, the use, occupancy,
    and development of the public lands, including, but not limited to,
    long-term leases to permit individuals to utilize public lands for
    habitation, cultivation, and the development of small trade or
    manufacturing concerns: Provided, That unless otherwise provided
    for by law, the Secretary may permit Federal departments and
    agencies to use, occupy, and develop public lands only through
    rights-of-way under section 1767 of this title, withdrawals under
    section 1714 of this title, and, where the proposed use and
    development are similar or closely related to the programs of the
    Secretary for the public lands involved, cooperative agreements
    under section 1737(b) of this title: Provided further, That nothing
    in this Act shall be construed as authorizing the Secretary
    concerned to require Federal permits to hunt and fish on public
    lands or on lands in the National Forest System and adjacent waters
    or as enlarging or diminishing the responsibility and authority of
    the States for management of fish and resident wildlife. However,
    the Secretary concerned may designate areas of public land and of
    lands in the National Forest System where, and establish periods
    when, no hunting or fishing will be permitted for reasons of public
    safety, administration, or compliance with provisions of applicable
    law. Except in emergencies, any regulations of the Secretary
    concerned relating to hunting and fishing pursuant to this section
    shall be put into effect only after consultation with the
    appropriate State fish and game department. Nothing in this Act
    shall modify or change any provision of Federal law relating to
    migratory birds or to endangered or threatened species. Except as
    provided in section 1744, section 1782, and subsection (f) of
    section 1781 of this title and in the last sentence of this
    paragraph, no provision of this section or any other section of
    this Act shall in any way amend the Mining Law of 1872 or impair
    the rights of any locators or claims under that Act, including, but
    not limited to, rights of ingress and egress. In managing the
    public lands the Secretary shall, by regulation or otherwise, take
    any action necessary to prevent unnecessary or undue degradation of
    the lands.
    (c) Revocation or suspension provision in instrument authorizing
      use, occupancy or development; violation of provision; procedure
      applicable
      The Secretary shall insert in any instrument providing for the
    use, occupancy, or development of the public lands a provision
    authorizing revocation or suspension, after notice and hearing, of
    such instrument upon a final administrative finding of a violation
    of any term or condition of the instrument, including, but not
    limited to, terms and conditions requiring compliance with
    regulations under Acts applicable to the public lands and
    compliance with applicable State or Federal air or water quality
    standard or implementation plan: Provided, That such violation
    occurred on public lands covered by such instrument and occurred in
    connection with the exercise of rights and privileges granted by
    it: Provided further, That the Secretary shall terminate any such
    suspension no later than the date upon which he determines the
    cause of said violation has been rectified: Provided further, That
    the Secretary may order an immediate temporary suspension prior to
    a hearing or final administrative finding if he determines that
    such a suspension is necessary to protect health or safety or the
    environment: Provided further, That, where other applicable law
    contains specific provisions for suspension, revocation, or
    cancellation of a permit, license, or other authorization to use,
    occupy, or develop the public lands, the specific provisions of
    such law shall prevail.
    (d) Authorization to utilize certain public lands in Alaska for
      military purposes
      (1) The Secretary of the Interior, after consultation with the
    Governor of Alaska, may issue to the Secretary of Defense or to the
    Secretary of a military department within the Department of Defense
    or to the Commandant of the Coast Guard a nonrenewable general
    authorization to utilize public lands in Alaska (other than within
    a conservation system unit or the Steese National Conservation Area
    or the White Mountains National Recreation Area) for purposes of
    military maneuvering, military training, or equipment testing not
    involving artillery firing, aerial or other gunnery, or other use
    of live ammunition or ordnance.
      (2) Use of public lands pursuant to a general authorization under
    this subsection shall be limited to areas where such use would not
    be inconsistent with the plans prepared pursuant to section 1712 of
    this title. Each such use shall be subject to a requirement that
    the using department shall be responsible for any necessary cleanup
    and decontamination of the lands used, and to such other terms and
    conditions (including but not limited to restrictions on use of off-
    road or all-terrain vehicles) as the Secretary of the Interior may
    require to - 
        (A) minimize adverse impacts on the natural, environmental,
      scientific, cultural, and other resources and values (including
      fish and wildlife habitat) of the public lands involved; and
        (B) minimize the period and method of such use and the
      interference with or restrictions on other uses of the public
      lands involved.

      (3)(A) A general authorization issued pursuant to this subsection
    shall not be for a term of more than three years and shall be
    revoked in whole or in part, as the Secretary of the Interior finds
    necessary, prior to the end of such term upon a determination by
    the Secretary of the Interior that there has been a failure to
    comply with its terms and conditions or that activities pursuant to
    such an authorization have had or might have a significant adverse
    impact on the resources or values of the affected lands.
      (B) Each specific use of a particular area of public lands
    pursuant to a general authorization under this subsection shall be
    subject to specific authorization by the Secretary and to
    appropriate terms and conditions, including such as are described
    in paragraph (2) of this subsection.
      (4) Issuance of a general authorization pursuant to this
    subsection shall be subject to the provisions of section 1712(f) of
    this title, section 3120 of title 16, and all other applicable
    provisions of law. The Secretary of a military department (or the
    Commandant of the Coast Guard) requesting such authorization shall
    reimburse the Secretary of the Interior for the costs of
    implementing this paragraph. An authorization pursuant to this
    subsection shall not authorize the construction of permanent
    structures or facilities on the public lands.
      (5) To the extent that public safety may require closure to
    public use of any portion of the public lands covered by an
    authorization issued pursuant to this subsection, the Secretary of
    the military Department concerned or the Commandant of the Coast
    Guard shall take appropriate steps to notify the public concerning
    such closure and to provide appropriate warnings of risks to public
    safety.
      (6) For purposes of this subsection, the term "conservation
    system unit" has the same meaning as specified in section 3102 of
    title 16.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 302, Oct. 21, 1976, 90 Stat. 2762;
    Pub. L. 100-586, Nov. 3, 1988, 102 Stat. 2980.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.
      The Mining Law of 1872, referred to in subsec. (b), is act May
    10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the
    Revised Statutes of 1878 as R.S. Secs. 2319 to 2328, 2331, 2333 to
    2337, and 2344, which are classified to sections 22 to 24, 26 to
    28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral
    Lands and Mining. For complete classification of such Revised
    Statutes sections to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (d). Pub. L. 100-586 added subsec. (d).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with land use
    permits for temporary use of public lands and other associated land
    uses, issued under sections 1732, 1761, and 1763 to 1771 of this
    title, with respect to pre-construction, construction, and initial
    operation of transportation systems for Canadian and Alaskan
    natural gas transferred to Federal Inspector, Office of Federal
    Inspector for the Alaska Natural Gas Transportation System, until
    first anniversary of date of initial operation of Alaska Natural
    Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs.
    102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
    effective July 1, 1979, set out in the Appendix to Title 5,
    Government Organization and Employees. Office of Federal Inspector
    for the Alaska Natural Gas Transportation System abolished and
    functions and authority vested in Inspector transferred to
    Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out
    as an Abolition of Office of Federal Inspector note under section
    719e of Title 15, Commerce and Trade. Functions and authority
    vested in Secretary of Energy subsequently transferred to Federal
    Coordinator for Alaska Natural Gas Transportation Projects by
    section 720d(f) of Title 15.

-MISC2-
          MANAGEMENT GUIDELINES TO PREVENT WASTING OF PACIFIC YEW      
      For Congressional findings relating to management guidelines to
    prevent wasting of Pacific yew in current and future timber sales
    on Federal lands, see section 4801(a)(8) of Title 16, Conservation.

-End-

-CITE-
    43 USC Sec. 1733                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1733. Enforcement authority

-STATUTE-
    (a) Regulations for implementation of management, use, and
      protection requirements; violations; criminal penalties
      The Secretary shall issue regulations necessary to implement the
    provisions of this Act with respect to the management, use, and
    protection of the public lands, including the property located
    thereon. Any person who knowingly and willfully violates any such
    regulation which is lawfully issued pursuant to this Act shall be
    fined no more than $1,000 or imprisoned no more than twelve months,
    or both. Any person charged with a violation of such regulation may
    be tried and sentenced by any United States magistrate judge
    designated for that purpose by the court by which he was appointed,
    in the same manner and subject to the same conditions and
    limitations as provided for in section 3401 of title 18.
    (b) Civil actions by Attorney General for violations of
      regulations; nature of relief; jurisdiction
      At the request of the Secretary, the Attorney General may
    institute a civil action in any United States district court for an
    injunction or other appropriate order to prevent any person from
    utilizing public lands in violation of regulations issued by the
    Secretary under this Act.
    (c) Contracts for enforcement of Federal laws and regulations by
      local law enforcement officials; procedure applicable; contract
      requirements and implementation
      (1) When the Secretary determines that assistance is necessary in
    enforcing Federal laws and regulations relating to the public lands
    or their resources he shall offer a contract to appropriate local
    officials having law enforcement authority within their respective
    jurisdictions with the view of achieving maximum feasible reliance
    upon local law enforcement officials in enforcing such laws and
    regulations. The Secretary shall negotiate on reasonable terms with
    such officials who have authority to enter into such contracts to
    enforce such Federal laws and regulations. In the performance of
    their duties under such contracts such officials and their agents
    are authorized to carry firearms; execute and serve any warrant or
    other process issued by a court or officer of competent
    jurisdiction; make arrests without warrant or process for a
    misdemeanor he has reasonable grounds to believe is being committed
    in his presence or view, or for a felony if he has reasonable
    grounds to believe that the person to be arrested has committed or
    is committing such felony; search without warrant or process any
    person, place, or conveyance according to any Federal law or rule
    of law; and seize without warrant or process any evidentiary item
    as provided by Federal law. The Secretary shall provide such law
    enforcement training as he deems necessary in order to carry out
    the contracted for responsibilities. While exercising the powers
    and authorities provided by such contract pursuant to this section,
    such law enforcement officials and their agents shall have all the
    immunities of Federal law enforcement officials.
      (2) The Secretary may authorize Federal personnel or appropriate
    local officials to carry out his law enforcement responsibilities
    with respect to the public lands and their resources. Such
    designated personnel shall receive the training and have the
    responsibilities and authority provided for in paragraph (1) of
    this subsection.
    (d) Cooperation with regulatory and law enforcement officials of
      any State or political subdivision in enforcement of laws or
      ordinances
      In connection with the administration and regulation of the use
    and occupancy of the public lands, the Secretary is authorized to
    cooperate with the regulatory and law enforcement officials of any
    State or political subdivision thereof in the enforcement of the
    laws or ordinances of such State or subdivision. Such cooperation
    may include reimbursement to a State or its subdivision for
    expenditures incurred by it in connection with activities which
    assist in the administration and regulation of use and occupancy of
    the public lands.
    (e) Uniformed desert ranger force in California Desert Conservation
      Area; establishment; enforcement of Federal laws and regulations
      Nothing in this section shall prevent the Secretary from promptly
    establishing a uniformed desert ranger force in the California
    Desert Conservation Area established pursuant to section 1781 of
    this title for the purpose of enforcing Federal laws and
    regulations relating to the public lands and resources managed by
    him in such area. The officers and members of such ranger force
    shall have the same responsibilities and authority as provided for
    in paragraph (1) of subsection (c) of this section.
    (f) Applicability of other Federal enforcement provisions
      Nothing in this Act shall be construed as reducing or limiting
    the enforcement authority vested in the Secretary by any other
    statute.
    (g) Unlawful activities
      The use, occupancy, or development of any portion of the public
    lands contrary to any regulation of the Secretary or other
    responsible authority, or contrary to any order issued pursuant to
    any such regulation, is unlawful and prohibited.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 303, Oct. 21, 1976, 90 Stat. 2763;
    Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
    5117.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a), (b), and (f), is Pub. L.
    94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
    Federal Land Policy and Management Act of 1976. For complete
    classification of this Act to the Code, see Tables.

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judge" substituted for "United States
    magistrate" in subsec. (a) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.

-MISC1-
    MODIFICATION OF REGULATIONS RELATING TO MINING OPERATIONS ON PUBLIC
      LANDS; POSTING OF RECLAMATION BOND FOR ALL OPERATIONS INVOLVING
                      SIGNIFICANT SURFACE DISTURBANCE
      Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat.
    1783-242, 1783-243, and Pub. L. 99-591, Sec. 101(h) [title I], Oct.
    30, 1986, 100 Stat. 3341-242, 3341-243, provided: "That regulations
    pertaining to mining operations on public lands conducted under the
    Mining Law of 1872 (30 U.S.C. 22, et seq.) and sections 302, 303,
    and 603 of the Federal Land Policy and Management Act of 1976 (43
    U.S.C. 1732, 1733, and 1782) shall be modified to include a
    requirement for the posting of reclamation bonds by operators for
    all operations which involve significant surface disturbance, (a)
    at the discretion of the authorized officer for operators who have
    a record of compliance with pertinent regulations concerning mining
    on public lands, and (b) on a mandatory basis only for operators
    with a history of noncompliance with the aforesaid regulations:
    Provided further, That surety bonds, third party surety bonds, or
    irrevocable letters of credit shall qualify as bond instruments:
    Provided further, That evidence of an equivalent bond posted with a
    State agency shall be accepted in lieu of a separate bond: Provided
    further, That the amount of such bonds shall be sufficient to cover
    the costs of reclamation as estimated by the Bureau of Land
    Management."

-End-

-CITE-
    43 USC Sec. 1734                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1734. Fees, charges, and commissions

-STATUTE-
    (a) Authority to establish and modify
      Notwithstanding any other provision of law, the Secretary may
    establish reasonable filing and service fees and reasonable
    charges, and commissions with respect to applications and other
    documents relating to the public lands and may change and abolish
    such fees, charges, and commissions.
    (b) Deposits for payments to reimburse reasonable costs of United
      States
      The Secretary is authorized to require a deposit of any payments
    intended to reimburse the United States for reasonable costs with
    respect to applications and other documents relating to such lands.
    The moneys received for reasonable costs under this subsection
    shall be deposited with the Treasury in a special account and are
    hereby authorized to be appropriated and made available until
    expended. As used in this section "reasonable costs" include, but
    are not limited to, the costs of special studies; environmental
    impact statements; monitoring construction, operation, maintenance,
    and termination of any authorized facility; or other special
    activities. In determining whether costs are reasonable under this
    section, the Secretary may take into consideration actual costs
    (exclusive of management overhead), the monetary value of the
    rights or privileges sought by the applicant, the efficiency to the
    government processing involved, that portion of the cost incurred
    for the benefit of the general public interest rather than for the
    exclusive benefit of the applicant, the public service provided,
    and other factors relevant to determining the reasonableness of the
    costs.
    (c) Refunds
      In any case where it shall appear to the satisfaction of the
    Secretary that any person has made a payment under any statute
    relating to the sale, lease, use, or other disposition of public
    lands which is not required or is in excess of the amount required
    by applicable law and the regulations issued by the Secretary, the
    Secretary, upon application or otherwise, may cause a refund to be
    made from applicable funds.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 304, Oct. 21, 1976, 90 Stat.
    2765.)

-MISC1-
    FILING FEES FOR APPLICATIONS FOR NONCOMPETITIVE OIL AND GAS LEASES;
         STUDY AND REPORT OF RENTAL CHARGES ON OIL AND GAS LEASES
      Pub. L. 97-35, title XIV, Sec. 1401(d), Aug. 13, 1981, 95 Stat.
    748, provided that:
      "(1) Notwithstanding any other provision of law, effective
    October 1, 1981, all applications for noncompetitive oil and gas
    leases shall be accompanied by a filing fee of not less than $25
    for each such application: Provided, That any increase in the
    filing fee above $25 shall be established by regulation and subject
    to the provisions of the Act of August 31, 1951 (65 Stat. 290)
    [probably means title V of that Act which was classified to section
    483a of former Title 31, Money and Finance and was repealed and
    reenacted as section 9701 of Title 31 by Pub. L. 97-258] the Act of
    October 20, 1976 (90 Stat. 2765) [probably should be Oct. 21, 1976,
    meaning this chapter] but not limited to actual costs. Such fees
    shall be retained as a service charge even though the application
    or offer may be rejected or withdrawn in whole or in part.
      "(2) The Secretary of the Interior is hereby directed to conduct
    a study and report to Congress within one year of the date of
    enactment of this Act [Aug. 13, 1981], regarding the current annual
    rental charges on all noncompetitive oil and gas leases to
    investigate the feasibility and effect of raising such rentals."

-End-

-CITE-
    43 USC Sec. 1734a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1734a. Availability of excess fees

-STATUTE-
      In fiscal year 1997 and thereafter, all fees, excluding mining
    claim fees, in excess of the fiscal year 1996 collections
    established by the Secretary of the Interior under the authority of
    section 1734 of this title for processing, recording, or
    documenting authorizations to use public lands or public land
    natural resources (including cultural, historical, and mineral) and
    for providing specific services to public land users, and which are
    not presently being covered into any Bureau of Land Management
    appropriation accounts, and not otherwise dedicated by law for a
    specific distribution, shall be made immediately available for
    program operations in this account and remain available until
    expended.

-SOURCE-
    (Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30,
    1996, 110 Stat. 3009-181, 3009-182.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 1997, and not as part of the
    Federal Land Policy and Management Act of 1976 which comprises this
    chapter.

-End-

-CITE-
    43 USC Sec. 1735                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1735. Forfeitures and deposits

-STATUTE-
    (a) Credit to separate account in Treasury; appropriation and
      availability
      Any moneys received by the United States as a result of the
    forfeiture of a bond or other security by a resource developer or
    purchaser or permittee who does not fulfill the requirements of his
    contract or permit or does not comply with the regulations of the
    Secretary; or as a result of a compromise or settlement of any
    claim whether sounding in tort or in contract involving present or
    potential damage to the public lands shall be credited to a
    separate account in the Treasury and are hereby authorized to be
    appropriated and made available, until expended as the Secretary
    may direct, to cover the cost to the United States of any
    improvement, protection, or rehabilitation work on those public
    lands which has been rendered necessary by the action which has led
    to the forfeiture, compromise, or settlement.
    (b) Expenditure of moneys collected administering Oregon and
      California Railroad and Coos Bay Wagon Road Grant lands
      Any moneys collected under this Act in connection with lands
    administered under the Act of August 28, 1937 (50 Stat. 874; 43
    U.S.C. 1181a-1181j), shall be expended for the benefit of such land
    only.
    (c) Refunds
      If any portion of a deposit or amount forfeited under this Act is
    found by the Secretary to be in excess of the cost of doing the
    work authorized under this Act, the Secretary, upon application or
    otherwise, may cause a refund of the amount in excess to be made
    from applicable funds.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 305, Oct. 21, 1976, 90 Stat.
    2765.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (b) and (c), is Pub. L. 94-579,
    Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
    Policy and Management Act of 1976. For complete classification of
    this Act to the Code, see Tables.
      Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j),
    referred to in subsec. (b), is act Aug. 28, 1937, ch. 876, 50 Stat.
    874, as amended, which enacted sections 1181a to 1181f of this
    title. Sections 1181f-1 to 1181f-4, included within the
    parenthetical reference to sections 1181a to 1181j, were enacted by
    Act May 24, 1939, ch. 144, 53 Stat. 753. Sections 1181g to 1181j,
    also included within the parenthetical reference to sections 1181a
    to 1181j, were enacted by act June 24, 1954, ch. 357, 68 Stat. 270.
    Section 1181c, also included within the parenthetical reference to
    sections 1181a to 1181j, was repealed by Pub. L. 94-579, title VII,
    Sec. 702, Oct. 21, 1976, 90 Stat. 2787. For complete classification
    of these Acts to the Code, see Tables.

-MISC1-
           AVAILABILITY OF FUNDS FOR IMPROVEMENT, PROTECTION, OR
                  REHABILITATION OF DAMAGED PUBLIC LANDS
      Pub. L. 109-54, title I, Aug. 2, 2005, 119 Stat. 502, provided in
    part: "That, notwithstanding any provision to the contrary of
    section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
    that have been or will be received pursuant to that section,
    whether as a result of forfeiture, compromise, or settlement, if
    not appropriate for refund pursuant to section 305(c) of that Act
    (43 U.S.C. 1735(c)), shall be available and may be expended under
    the authority of this Act [see Tables for classification] by the
    Secretary to improve, protect, or rehabilitate any public lands
    administered through the Bureau of Land Management which have been
    damaged by the action of a resource developer, purchaser,
    permittee, or any unauthorized person, without regard to whether
    all moneys collected from each such action are used on the exact
    lands damaged which led to the action: Provided further, That any
    such moneys that are in excess of amounts needed to repair damage
    to the exact land for which funds were collected may be used to
    repair other damaged public lands."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3042.
      Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1244.
      Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 219.
      Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 418.
      Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 925.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-138.
      Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-234.
      Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1545.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-184.
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-158; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title I, Sept. 30, 1994, 108 Stat. 2501.
      Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1381.
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1377.
      Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 992.
      Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1917.
      Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 703.
      Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1776.
      Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
    1329-213, 1329-215.

-End-

-CITE-
    43 USC Sec. 1736                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1736. Working capital fund

-STATUTE-
    (a) Establishment; availability of fund
      There is hereby established a working capital fund for the
    management of the public lands. This fund shall be available
    without fiscal year limitation for expenses necessary for
    furnishing, in accordance with the Federal Property and
    Administrative Services Act of 1949 (!1) (63 Stat. 377, as
    amended), and regulations promulgated thereunder, supplies and
    equipment services in support of Bureau programs, including but not
    limited to, the purchase or construction of storage facilities,
    equipment yards, and related improvements and the purchase, lease,
    or rent of motor vehicles, aircraft, heavy equipment, and fire
    control and other resource management equipment within the
    limitations set forth in appropriations made to the Secretary for
    the Bureau.

    (b) Initial funding; subsequent transfers
      The initial capital of the fund shall consist of appropriations
    made for that purpose together with the fair and reasonable value
    at the fund's inception of the inventories, equipment, receivables,
    and other assets, less the liabilities, transferred to the fund.
    The Secretary is authorized to make such subsequent transfers to
    the fund as he deems appropriate in connection with the functions
    to be carried on through the fund.
    (c) Payments credited to fund; amount; advancement or reimbursement
      The fund shall be credited with payments from appropriations, and
    funds of the Bureau, other agencies of the Department of the
    Interior, other Federal agencies, and other sources, as authorized
    by law, at rates approximately equal to the cost of furnishing the
    facilities, supplies, equipment, and services (including
    depreciation and accrued annual leave). Such payments may be made
    in advance in connection with firm orders, or by way of
    reimbursement.
    (d) Authorization of appropriations
      There is hereby authorized to be appropriated a sum not to exceed
    $3,000,000 as initial capital of the working capital fund.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 306, Oct. 21, 1976, 90 Stat.
    2766.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.
    377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1736a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1736a. Revolving fund derived from disposal of salvage timber

-STATUTE-
      There is hereby established in the Treasury of the United States
    a special fund to be derived on and after October 5, 1992, from the
    Federal share of moneys received from the disposal of salvage
    timber prepared for sale from the lands under the jurisdiction of
    the Bureau of Land Management, Department of the Interior. The
    money in this fund shall be immediately available to the Bureau of
    Land Management without further appropriation, for the purposes of
    planning and preparing salvage timber for disposal, the
    administration of salvage timber sales, and subsequent site
    preparation and reforestation.

-SOURCE-
    (Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1376.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 1993, and not as part of the
    Federal Land Policy and Management Act of 1976 which comprises this
    chapter.

-MISC1-
                         DISTRIBUTION OF RECEIPTS                     
      Title I of Pub. L. 102-381, 106 Stat. 1376, provided in part
    that: "Nothing in this provision [enacting this section] shall
    alter the formulas currently in existence by law for the
    distribution of receipts for the applicable lands and timber
    resources."

-End-

-CITE-
    43 USC Sec. 1737                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1737. Implementation provisions

-STATUTE-
    (a) Investigations, studies, and experiments
      The Secretary may conduct investigations, studies, and
    experiments, on his own initiative or in cooperation with others,
    involving the management, protection, development, acquisition, and
    conveying of the public lands.
    (b) Contracts and cooperative agreements
      Subject to the provisions of applicable law, the Secretary may
    enter into contracts and cooperative agreements involving the
    management, protection, development, and sale of public lands.
    (c) Contributions and donations of money, services, and property
      The Secretary may accept contributions or donations of money,
    services, and property, real, personal, or mixed, for the
    management, protection, development, acquisition, and conveying of
    the public lands, including the acquisition of rights-of-way for
    such purposes. He may accept contributions for cadastral surveying
    performed on federally controlled or intermingled lands. Moneys
    received hereunder shall be credited to a separate account in the
    Treasury and are hereby authorized to be appropriated and made
    available until expended, as the Secretary may direct, for payment
    of expenses incident to the function toward the administration of
    which the contributions were made and for refunds to depositors of
    amounts contributed by them in specific instances where
    contributions are in excess of their share of the cost.
    (d) Recruitment of volunteers
      The Secretary may recruit, without regard to the civil service
    classification laws, rules, or regulations, the services of
    individuals contributed without compensation as volunteers for
    aiding in or facilitating the activities administered by the
    Secretary through the Bureau of Land Management.
    (e) Restrictions on activities of volunteers
      In accepting such services of individuals as volunteers, the
    Secretary - 
        (1) shall not permit the use of volunteers in hazardous duty or
      law enforcement work, or in policymaking processes or to displace
      any employee; and
        (2) may provide for services or costs incidental to the
      utilization of volunteers, including transportation, supplies,
      lodging, subsistence, recruiting, training, and supervision.
    (f) Federal employment status of volunteers
      Volunteers shall not be deemed employees of the United States
    except for the purposes of - 
        (1) the tort claims provisions of title 28;
        (2) subchapter 1 (!1) of chapter 81 of title 5; and

        (3) claims relating to damage to, or loss of, personal property
      of a volunteer incident to volunteer service, in which case the
      provisions of section 3721 of title 31 shall apply.
    (g) Authorization of appropriations
      Effective with fiscal years beginning after September 30, 1984,
    there are authorized to be appropriated such sums as may be
    necessary to carry out the provisions of subsection (d) of this
    section, but not more than $250,000 may be appropriated for any one
    fiscal year.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 307, Oct. 21, 1976, 90 Stat. 2766;
    Pub. L. 98-540, Sec. 2, Oct. 24, 1984, 98 Stat. 2718; Pub. L. 101-
    286, title II, Sec. 204(c), May 9, 1990, 104 Stat. 175.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (f). Pub. L. 101-286 amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows:
    "Volunteers shall not be deemed employees of the United States
    except for the purposes of the tort claims provisions of title 28
    and subchapter 1 of chapter 81 of title 5, relating to compensation
    for work injuries."
      1984 - Subsecs. (d) to (g). Pub. L. 98-540 added subsecs. (d) to
    (g).

-FOOTNOTE-
    (!1) So in original. Probably should be subchapter "I".

-End-

-CITE-
    43 USC Sec. 1738                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1738. Contracts for surveys and resource protection; renewals;
      funding requirements

-STATUTE-
      (a) The Secretary is authorized to enter into contracts for the
    use of aircraft, and for supplies and services, prior to the
    passage of an appropriation therefor, for airborne cadastral survey
    and resource protection operations of the Bureau. He may renew such
    contracts annually, not more than twice, without additional
    competition. Such contracts shall obligate funds for the fiscal
    years in which the costs are incurred.
      (b) Each such contract shall provide that the obligation of the
    United States for the ensuing fiscal years is contingent upon the
    passage of an applicable appropriation, and that no payment shall
    be made under the contract for the ensuing fiscal years until such
    appropriation becomes available for expenditure.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 308, Oct. 21, 1976, 90 Stat.
    2767.)

-End-

-CITE-
    43 USC Sec. 1739                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1739. Advisory councils

-STATUTE-
    (a) Establishment; membership; operation
      The Secretary shall establish advisory councils of not less than
    ten and not more than fifteen members appointed by him from among
    persons who are representative of the various major citizens'
    interests concerning the problems relating to land use planning or
    the management of the public lands located within the area for
    which an advisory council is established. At least one member of
    each council shall be an elected official of general purpose
    government serving the people of such area. To the extent
    practicable there shall be no overlap or duplication of such
    councils. Appointments shall be made in accordance with rules
    prescribed by the Secretary. The establishment and operation of an
    advisory council established under this section shall conform to
    the requirements of the Federal Advisory Committee Act (86 Stat.
    770).
    (b) Meetings
      Notwithstanding the provisions of subsection (a) of this section,
    each advisory council established by the Secretary under this
    section shall meet at least once a year with such meetings being
    called by the Secretary.
    (c) Travel and per diem payments
      Members of advisory councils shall serve without pay, except
    travel and per diem will be paid each member for meetings called by
    the Secretary.
    (d) Functions
      An advisory council may furnish advice to the Secretary with
    respect to the land use planning, classification, retention,
    management, and disposal of the public lands within the area for
    which the advisory council is established and such other matters as
    may be referred to it by the Secretary.
    (e) Public participation; procedures applicable
      In exercising his authorities under this Act, the Secretary, by
    regulation, shall establish procedures, including public hearings
    where appropriate, to give the Federal, State, and local
    governments and the public adequate notice and an opportunity to
    comment upon the formulation of standards and criteria for, and to
    participate in, the preparation and execution of plans and programs
    for, and the management of, the public lands.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 309, Oct. 21, 1976, 90 Stat. 2767;
    Pub. L. 95-514, Sec. 13, Oct. 25, 1978, 92 Stat. 1808.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (a),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      This Act, referred to in subsec. (e), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-514 substituted in first sentence
    "shall establish" for "is authorized to establish".

                     TERMINATION OF ADVISORY COUNCILS                 
      Advisory councils established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a council
    established by the President or an officer of the Federal
    Government, such council is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a council
    established by the Congress, its duration is otherwise provided for
    by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    43 USC Sec. 1740                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1740. Rules and regulations

-STATUTE-
      The Secretary, with respect to the public lands, shall promulgate
    rules and regulations to carry out the purposes of this Act and of
    other laws applicable to the public lands, and the Secretary of
    Agriculture, with respect to lands within the National Forest
    System, shall promulgate rules and regulations to carry out the
    purposes of this Act. The promulgation of such rules and
    regulations shall be governed by the provisions of chapter 5 of
    title 5, without regard to section 553(a)(2). Prior to the
    promulgation of such rules and regulations, such lands shall be
    administered under existing rules and regulations concerning such
    lands to the extent practical.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 310, Oct. 21, 1976, 90 Stat.
    2767.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 94-579, Oct. 21, 1976,
    90 Stat. 2743, as amended, known as the Federal Land Policy and
    Management Act of 1976. For complete classification of this Act to
    the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1741                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1741. Annual reports

-STATUTE-
    (a) Purpose; time for submission
      For the purpose of providing information that will aid Congress
    in carrying out its oversight responsibilities for public lands
    programs and for other purposes, the Secretary shall prepare a
    report in accordance with subsections (b) and (c) of this section
    and submit it to the Congress no later than one hundred and twenty
    days after the end of each fiscal year beginning with the report
    for fiscal year 1979.
    (b) Format
      A list of programs and specific information to be included in the
    report as well as the format of the report shall be developed by
    the Secretary after consulting with the Committee on Natural
    Resources of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate and shall be provided to
    the committees prior to the end of the second quarter of each
    fiscal year.
    (c) Contents
      The report shall include, but not be limited to, program
    identification information, program evaluation information, and
    program budgetary information for the preceding current and
    succeeding fiscal years.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 311, Oct. 21, 1976, 90 Stat. 2768;
    Pub. L. 103-437, Sec. 16(d)(3), Nov. 2, 1994, 108 Stat. 4595.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-437 substituted "Committee on
    Natural Resources of the House of Representatives and the Committee
    on Energy and Natural Resources of the Senate" for "Committees on
    Interior and Insular Affairs of the House and Senate".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 9th item on page 112 identifies a reporting provision
    which, as subsequently amended, is contained in this section), see
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance.

-End-

-CITE-
    43 USC Sec. 1742                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1742. Search, rescue, and protection forces; emergency
      situations authorizing hiring

-STATUTE-
      Where in his judgment sufficient search, rescue, and protection
    forces are not otherwise available, the Secretary is authorized in
    cases of emergency to incur such expenses as may be necessary (a)
    in searching for and rescuing, or in cooperating in the search for
    and rescue of, persons lost on the public lands, (b) in protecting
    or rescuing, or in cooperating in the protection and rescue of,
    persons or animals endangered by an act of God, and (c) in
    transporting deceased persons or persons seriously ill or injured
    to the nearest place where interested parties or local authorities
    are located.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 312, Oct. 21, 1976, 90 Stat.
    2768.)

-End-

-CITE-
    43 USC Sec. 1743                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1743. Disclosure of financial interests by officers or
      employees

-STATUTE-
    (a) Annual written statement; availability to public
      Each officer or employee of the Secretary and the Bureau who - 
        (1) performs any function or duty under this Act; and
        (2) has any known financial interest in any person who (A)
      applies for or receives any permit, lease, or right-of-way under,
      or (B) applies for or acquires any land or interests therein
      under, or (C) is otherwise subject to the provisions of, this
      Act,

    shall, beginning on February 1, 1977, annually file with the
    Secretary a written statement concerning all such interests held by
    such officer or employee during the preceding calendar year. Such
    statement shall be available to the public.
    (b) Implementation of requirements
      The Secretary shall - 
        (1) act within ninety days after October 21, 1976 - 
          (A) to define the term "known financial interests" for the
        purposes of subsection (a) of this section; and
          (B) to establish the methods by which the requirement to file
        written statements specified in subsection (a) of this section
        will be monitored and enforced, including appropriate
        provisions for the filing by such officers and employees of
        such statements and the review by the Secretary of such
        statements; and

        (2) report to the Congress on June 1 of each calendar year with
      respect to such disclosures and the actions taken in regard
      thereto during the preceding calendar year.
    (c) Exempted personnel
      In the rules prescribed in subsection (b) of this section, the
    Secretary may identify specific positions within the Department of
    the Interior which are of a nonregulatory or nonpolicymaking nature
    and provide that officers or employees occupying such positions
    shall be exempt from the requirements of this section.
    (d) Violations; criminal penalties
      Any officer or employee who is subject to, and knowingly
    violates, this section, shall be fined not more than $2,500 or
    imprisoned not more than one year, or both.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 313, Oct. 21, 1976, 90 Stat.
    2768.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a)(1), (2), is Pub. L. 94-579,
    Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
    Policy and Management Act of 1976. For complete classification of
    this Act to the Code, see Tables.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (b) of this section relating to the requirement that the Secretary
    report to Congress on June 1 of each calendar year, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and the 2nd item on page 108
    of House Document No. 103-7.

-End-

-CITE-
    43 USC Sec. 1744                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1744. Recordation of mining claims

-STATUTE-
    (a) Filing requirements
      The owner of an unpatented lode or placer mining claim located
    prior to October 21, 1976, shall, within the three-year period
    following October 21, 1976 and prior to December 31 of each year
    thereafter, file the instruments required by paragraphs (1) and (2)
    of this subsection. The owner of an unpatented lode or placer
    mining claim located after October 21, 1976 shall, prior to
    December 31 of each year following the calendar year in which the
    said claim was located, file the instruments required by paragraphs
    (1) and (2) of this subsection:
      (1) File for record in the office where the location notice or
    certificate is recorded either a notice of intention to hold the
    mining claim (including but not limited to such notices as are
    provided by law to be filed when there has been a suspension or
    deferment of annual assessment work), an affidavit of assessment
    work performed thereon, on (!1) a detailed report provided by
    section 28-1 of title 30, relating thereto.

      (2) File in the office of the Bureau designated by the Secretary
    a copy of the official record of the instrument filed or recorded
    pursuant to paragraph (1) of this subsection, including a
    description of the location of the mining claim sufficient to
    locate the claimed lands on the ground.
    (b) Additional filing requirements
      The owner of an unpatented lode or placer mining claim or mill or
    tunnel site located prior to October 21, 1976 shall, within the
    three-year period following October 21, 1976, file in the office of
    the Bureau designated by the Secretary a copy of the official
    record of the notice of location or certificate of location,
    including a description of the location of the mining claim or mill
    or tunnel site sufficient to locate the claimed lands on the
    ground. The owner of an unpatented lode or placer mining claim or
    mill or tunnel site located after October 21, 1976 shall, within
    ninety days after the date of location of such claim, file in the
    office of the Bureau designated by the Secretary a copy of the
    official record of the notice of location or certificate of
    location, including a description of the location of the mining
    claim or mill or tunnel site sufficient to locate the claimed lands
    on the ground.
    (c) Failure to file as constituting abandonment; defective or
      untimely filing
      The failure to file such instruments as required by subsections
    (a) and (b) of this section shall be deemed conclusively to
    constitute an abandonment of the mining claim or mill or tunnel
    site by the owner; but it shall not be considered a failure to file
    if the instrument is defective or not timely filed for record under
    other Federal laws permitting filing or recording thereof, or if
    the instrument is filed for record by or on behalf of some but not
    all of the owners of the mining claim or mill or tunnel site.
    (d) Validity of claims, waiver of assessment, etc., as unaffected
      Such recordation or application by itself shall not render valid
    any claim which would not be otherwise valid under applicable law.
    Nothing in this section shall be construed as a waiver of the
    assessment and other requirements of such law.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 314, Oct. 21, 1976, 90 Stat.
    2769.)

-FOOTNOTE-
    (!1) So in original. Probably should be "or".

-End-

-CITE-
    43 USC Sec. 1745                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1745. Disclaimer of interest in lands

-STATUTE-
    (a) Issuance of recordable document; criteria
      After consulting with any affected Federal agency, the Secretary
    is authorized to issue a document of disclaimer of interest or
    interests in any lands in any form suitable for recordation, where
    the disclaimer will help remove a cloud on the title of such lands
    and where he determines (1) a record interest of the United States
    in lands has terminated by operation of law or is otherwise
    invalid; or (2) the lands lying between the meander line shown on a
    plat of survey approved by the Bureau or its predecessors and the
    actual shoreline of a body of water are not lands of the United
    States; or (3) accreted, relicted, or avulsed lands are not lands
    of the United States.
    (b) Procedures applicable
      No document or disclaimer shall be issued pursuant to this
    section unless the applicant therefor has filed with the Secretary
    an application in writing and notice of such application setting
    forth the grounds supporting such application has been published in
    the Federal Register at least ninety days preceding the issuance of
    such disclaimer and until the applicant therefor has paid to the
    Secretary the administrative costs of issuing the disclaimer as
    determined by the Secretary. All receipts shall be deposited to the
    then-current appropriation from which expended.
    (c) Construction as quit-claim deed from United States
      Issuance of a document of disclaimer by the Secretary pursuant to
    the provisions of this section and regulations promulgated
    hereunder shall have the same effect as a quit-claim deed from the
    United States.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 315, Oct. 21, 1976, 90 Stat.
    2770.)

-End-

-CITE-
    43 USC Sec. 1746                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1746. Correction of conveyance documents

-STATUTE-
      The Secretary may correct patents or documents of conveyance
    issued pursuant to section 1718 of this title or to other Acts
    relating to the disposal of public lands where necessary in order
    to eliminate errors. In addition, the Secretary may make
    corrections of errors in any documents of conveyance which have
    heretofore been issued by the Federal Government to dispose of
    public lands. Any corrections authorized by this section which
    affect the boundaries of, or jurisdiction over, land administered
    by another Federal agency shall be made only after consultation
    with, and the approval of, the head of such other agency.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 316, Oct. 21, 1976, 90 Stat. 2770;
    Pub. L. 108-7, div. F, title IV, Sec. 411(e), Feb. 20, 2003, 117
    Stat. 291.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-7 inserted at end "Any corrections authorized
    by this section which affect the boundaries of, or jurisdiction
    over, land administered by another Federal agency shall be made
    only after consultation with, and the approval of, the head of such
    other agency."

-End-

-CITE-
    43 USC Sec. 1747                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1747. Loans to States and political subdivisions; purposes;
      amounts; allocation; terms and conditions; interest rate;
      security; limitations; forebearance for benefit of borrowers;
      recordkeeping requirements; discrimination prohibited; deposit of
      receipts

-STATUTE-
      (1) The Secretary is authorized to make loans to States and their
    political subdivisions in order to relieve social or economic
    impacts occasioned by the development of minerals leased in such
    States pursuant to the Act of February 25, 1920, as amended [30
    U.S.C. 181 et seq.]. Such loans shall be confined to the uses
    specified for the 50 per centum of mineral leasing revenues to be
    received by such States and subdivisions pursuant to section 35 of
    such Act [30 U.S.C. 191].
      (2) The total amount of loans outstanding pursuant to this
    section for any State and political subdivisions thereof in any
    year shall be not more than the anticipated mineral leasing
    revenues to be received by that State pursuant to section 35 of the
    Act of February 25, 1920, as amended [30 U.S.C. 191], for the ten
    years following.
      (3) The Secretary, after consultation with the Governors of the
    affected States, shall allocate such loans among the States and
    their political subdivisions in a fair and equitable manner, giving
    priority to those States and subdivisions suffering the most severe
    impacts.
      (4) Loans made pursuant to this section shall be subject to such
    terms and conditions as the Secretary determines necessary to
    assure the achievement of the purpose of this section. The
    Secretary shall promulgate such regulations as may be necessary to
    carry out the provisions of this section no later than three months
    after August 20, 1978.
      (5) Loans made pursuant to this section shall bear interest
    equivalent to the lowest interest rate paid on an issue of at least
    $1,000,000 of tax exempt bonds of such State or any agency thereof
    within the preceding calendar year.
      (6) Any loan made pursuant to this section shall be secured only
    by a pledge of the revenues received by the State or the political
    subdivision thereof pursuant to section 35 of the Act of February
    25, 1920, as amended [30 U.S.C. 191], and shall not constitute an
    obligation upon the general property or taxing authority of such
    unit of government.
      (7) Notwithstanding any other provision of law, loans made
    pursuant to this section may be used for the non-Federal share of
    the aggregate cost of any project or program otherwise funded by
    the Federal Government which requires a non-Federal share for such
    project or program and which provides planning or public facilities
    otherwise eligible for assistance under this section.
      (8) Nothing in this section shall be construed to preclude any
    forebearance (!1) for the benefit of the borrower including loan
    restructuring, which may be determined by the Secretary as
    justified by the failure of anticipated mineral development or
    related revenues to materialize as expected when the loan was made
    pursuant to this section.

      (9) Recipients of loans made pursuant to this section shall keep
    such records as the Secretary shall prescribe by regulation,
    including records which fully disclose the disposition of the
    proceeds of such assistance and such other records as the Secretary
    may require to facilitate an effective audit. The Secretary and the
    Comptroller General of the United States or their duly authorized
    representatives shall have access, for the purpose of audit, to
    such records.
      (10) No person in the United States shall, on the grounds of
    race, color, religion, national origin, or sex be excluded from
    participation in, be denied the benefits of, or be subjected to
    discrimination under, any program or activity funded in whole or
    part with funds made available under this section.
      (11) All amounts collected in connection with loans made pursuant
    to this section, including interest payments or repayments of
    principal on loans, fees, and other moneys, derived in connection
    with this section, shall be deposited in the Treasury as
    miscellaneous receipts.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 317(c), Oct. 21, 1976, 90 Stat.
    2771; Pub. L. 95-352, Sec. 1(f), Aug. 20, 1978, 92 Stat. 515.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 25, 1920, as amended, referred to in par. (1), is
    act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsec. (c) of section 317 of Pub. L. 94-
    579. Subsecs. (a) and (b) of section 317 of Pub. L. 94-579 are
    classified to section 191 of Title 30, Mineral Lands and Mining,
    and a note set out under that section; respectively.

-MISC1-
                                AMENDMENTS                            
      1978 - Pars. (1) and (2). Pub. L. 95-352 redesignated par. (1) as
    pars. (1) and (2), in par. (1) struck out provisions establishing
    interest rate requirements, and in par. (2) struck out exception
    for Alaska and requirements for repayment. Former par. (2)
    redesignated (3).
      Pars. (3) to (11). Pub. L. 95-352 redesignated former pars. (2)
    and (3) as (3) and (4), respectively, and added pars. (5) to (11).

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 1748                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1748. Funding requirements

-STATUTE-
    (a) Authorization of appropriations
      There are authorized to be appropriated such sums as are
    necessary to carry out the purposes and provisions of this Act, but
    no amounts shall be appropriated to carry out after October 1,
    2002, any program, function, or activity of the Bureau under this
    or any other Act unless such sums are specifically authorized to be
    appropriated as of October 21, 1976 or are authorized to be
    appropriated in accordance with the provisions of subsection (b) of
    this section.
    (b) Procedure applicable for authorization of appropriations
      Consistent with section 1110 of title 31, beginning May 15, 1977,
    and not later than May 15 of each second even numbered year
    thereafter, the Secretary shall submit to the Speaker of the House
    of Representatives and the President of the Senate a request for
    the authorization of appropriations for all programs, functions,
    and activities of the Bureau to be carried out during the four-
    fiscal-year period beginning on October 1 of the calendar year
    following the calendar year in which such request is submitted. The
    Secretary shall include in his request, in addition to the
    information contained in his budget request and justification
    statement to the Office of Management and Budget, the funding
    levels which he determines can be efficiently and effectively
    utilized in the execution of his responsibilities for each such
    program, function, or activity, notwithstanding any budget
    guidelines or limitations imposed by any official or agency of the
    executive branch.
    (c) Distribution of receipts from Bureau from disposal of lands,
      etc.
      Nothing in this section shall apply to the distribution of
    receipts of the Bureau from the disposal of lands, natural
    resources, and interests in lands in accordance with applicable
    law, nor to the use of contributed funds, private deposits for
    public survey work, and townsite trusteeships, nor to fund
    allocations from other Federal agencies, reimbursements from both
    Federal and non-Federal sources, and funds expended for emergency
    firefighting and rehabilitation.
    (d) Purchase of certain public lands from Land and Water
      Conservation Fund
      In exercising the authority to acquire by purchase granted by
    section 1715(a) of this title, the Secretary may use the Land and
    Water Conservation Fund to purchase lands which are necessary for
    proper management of public lands which are primarily of value for
    outdoor recreation purposes.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 318, Oct. 21, 1976, 90 Stat. 2771;
    Pub. L. 104-333, div. I, title III, Sec. 310, Nov. 12, 1996, 110
    Stat. 4139.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      In subsec. (b), "section 1110 of title 31" substituted for
    "section 607 of the Congressional Budget Act of 1974 [31 U.S.C.
    11c]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96
    Stat. 1067, the first section of which enacted Title 31, Money and
    Finance.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-333 substituted "October 1, 2002"
    for "October 1, 1978".

-End-

-CITE-
    43 USC SUBCHAPTER IV - RANGE MANAGEMENT                     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-
                     SUBCHAPTER IV - RANGE MANAGEMENT                 

-End-

-CITE-
    43 USC Sec. 1751                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-
    Sec. 1751. Grazing fees; feasibility study; contents; submission of
      report; annual distribution and use of range betterment funds;
      nature of distributions

-STATUTE-
      (a) The Secretary of Agriculture and the Secretary of the
    Interior shall jointly cause to be conducted a study to determine
    the value of grazing on the lands under their jurisdiction in the
    eleven Western States with a view to establishing a fee to be
    charged for domestic livestock grazing on such lands which is
    equitable to the United States and to the holders of grazing
    permits and leases on such lands. In making such study, the
    Secretaries shall take into consideration the costs of production
    normally associated with domestic livestock grazing in the eleven
    Western States, differences in forage values, and such other
    factors as may relate to the reasonableness of such fees. The
    Secretaries shall report the result of such study to the Congress
    not later than one year from and after October 21, 1976, together
    with recommendations to implement a reasonable grazing fee schedule
    based upon such study. If the report required herein has not been
    submitted to the Congress within one year after October 21, 1976,
    the grazing fee charge then in effect shall not be altered and
    shall remain the same until such report has been submitted to the
    Congress. Neither Secretary shall increase the grazing fee in the
    1977 grazing year.
      (b)(1) Congress finds that a substantial amount of the Federal
    range lands is deteriorating in quality, and that installation of
    additional range improvements could arrest much of the continuing
    deterioration and could lead to substantial betterment of forage
    conditions with resulting benefits to wildlife, watershed
    protection, and livestock production. Congress therefore directs
    that 50 per centum or $10,000,000 per annum, whichever is greater
    of all moneys received by the United States as fees for grazing
    domestic livestock on public lands (other than from ceded Indian
    lands) under the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315
    et seq.) and the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C.
    1181d), and on lands in National Forests in the sixteen contiguous
    Western States under the provisions of this section shall be
    credited to a separate account in the Treasury, one-half of which
    is authorized to be appropriated and made available for use in the
    district, region, or national forest from which such moneys were
    derived, as the respective Secretary may direct after consultation
    with district, regional, or national forest user representatives,
    for the purpose of on-the-ground range rehabilitation, protection,
    and improvements on such lands, and the remaining one-half shall be
    used for on-the-ground range rehabilitation, protection, and
    improvements as the Secretary concerned directs. Any funds so
    appropriated shall be in addition to any other appropriations made
    to the respective Secretary for planning and administration of the
    range betterment program and for other range management. Such
    rehabilitation, protection, and improvements shall include all
    forms of range land betterment including, but not limited to,
    seeding and reseeding, fence construction, weed control, water
    development, and fish and wildlife habitat enhancement as the
    respective Secretary may direct after consultation with user
    representatives. The annual distribution and use of range
    betterment funds authorized by this paragraph shall not be
    considered a major Federal action requiring a detailed statement
    pursuant to section 4332(c) of title 42.
      (2) All distributions of moneys made under subsection (b)(1) of
    this section shall be in addition to distributions made under
    section 10 of the Taylor Grazing Act [43 U.S.C. 315i] and shall not
    apply to distribution of moneys made under section 11 of that Act
    [43 U.S.C. 315j]. The remaining moneys received by the United
    States as fees for grazing domestic livestock on the public lands
    shall be deposited in the Treasury as miscellaneous receipts.

-SOURCE-
    (Pub. L. 94-579, title IV, Sec. 401(a), (b)(1), (2), Oct. 21, 1976,
    90 Stat. 2772; Pub. L. 95-514, Sec. 6(b), Oct. 25, 1978, 92 Stat.
    1806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.),
    referred to in subsec. (b), is act June 28, 1934, ch. 865, 48 Stat.
    1269, as amended, which is classified principally to subchapter I
    (Sec. 315 et seq.) of chapter 8A of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 315 of this title and Tables.
      Act of August 28, 1937, referred to in subsec. (b)(2), is act
    Aug. 28, 1937, ch. 876, 50 Stat. 874, as amended, which is
    classified to sections 1181a to 1181f of this title. For complete
    classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Subsec. (b)(2) of this section is comprised of second and third
    sentences of section 401(b)(2) of Pub. L. 94-579. The first
    sentence of such section 401(b)(2) amended section 315i(b) of this
    title.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (b)(1). Pub. L. 95-514 inserted "or $10,000,000
    per annum, whichever is greater" after "50 per centum" and
    substituted "sixteen contiguous Western States" for "eleven
    contiguous Western States".

        MORATORIUM ON INCREASE OF GRAZING FEE FOR 1978 GRAZING YEAR    
      Pub. L. 95-321, July 21, 1978, 92 Stat. 394, in order to allow
    the Congress sufficient time to analyze the report and
    recommendations of the Secretaries of Interior and Agriculture
    under subsec. (a) of this section and to take appropriate action,
    provided that the 1978 grazing year fee was not to be raised by the
    Secretary of the Interior for the grazing of livestock on public
    lands nor by the Secretary of Agriculture for such grazing on lands
    under the jurisdiction of the Forest Service.

-End-

-CITE-
    43 USC Sec. 1752                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-
    Sec. 1752. Grazing leases and permits

-STATUTE-
    (a) Terms and conditions
      Except as provided in subsection (b) of this section, permits and
    leases for domestic livestock grazing on public lands issued by the
    Secretary under the Act of June 28, 1934 (48 Stat. 1269, as
    amended; 43 U.S.C. 315 et seq.) or the Act of August 28, 1937 (50
    Stat. 874, as amended; 43 U.S.C. 1181a-1181j), or by the Secretary
    of Agriculture, with respect to lands within National Forests in
    the sixteen contiguous Western States, shall be for a term of ten
    years subject to such terms and conditions the Secretary concerned
    deems appropriate and consistent with the governing law, including,
    but not limited to, the authority of the Secretary concerned to
    cancel, suspend, or modify a grazing permit or lease, in whole or
    in part, pursuant to the terms and conditions thereof, or to cancel
    or suspend a grazing permit or lease for any violation of a grazing
    regulation or of any term or condition of such grazing permit or
    lease.
    (b) Terms of lesser duration
      Permits or leases may be issued by the Secretary concerned for a
    period shorter than ten years where the Secretary concerned
    determines that - 
        (1) the land is pending disposal; or
        (2) the land will be devoted to a public purpose prior to the
      end of ten years; or
        (3) it will be in the best interest of sound land management to
      specify a shorter term: Provided, That the absence from an
      allotment management plan of details the Secretary concerned
      would like to include but which are undeveloped shall not be the
      basis for establishing a term shorter than ten years: Provided
      further, That the absence of completed land use plans or court
      ordered environmental statements shall not be the sole basis for
      establishing a term shorter than ten years unless the Secretary
      determines on a case-by-case basis that the information to be
      contained in such land use plan or court ordered environmental
      impact statement is necessary to determine whether a shorter term
      should be established for any of the reasons set forth in items
      (1) through (3) of this subsection.
    (c) First priority for renewal of expiring permit or lease
      So long as (1) the lands for which the permit or lease is issued
    remain available for domestic livestock grazing in accordance with
    land use plans prepared pursuant to section 1712 of this title or
    section 1604 of title 16, (2) the permittee or lessee is in
    compliance with the rules and regulations issued and the terms and
    conditions in the permit or lease specified by the Secretary
    concerned, and (3) the permittee or lessee accepts the terms and
    conditions to be included by the Secretary concerned in the new
    permit or lease, the holder of the expiring permit or lease shall
    be given first priority for receipt of the new permit or lease.
    (d) Allotment management plan requirements
      All permits and leases for domestic livestock grazing issued
    pursuant to this section may incorporate an allotment management
    plan developed by the Secretary concerned. However, nothing in this
    subsection shall be construed to supersede any requirement for
    completion of court ordered environmental impact statements prior
    to development and incorporation of allotment management plans. If
    the Secretary concerned elects to develop an allotment management
    plan for a given area, he shall do so in careful and considered
    consultation, cooperation and coordination with the lessees,
    permittees, and landowners involved, the district grazing advisory
    boards established pursuant to section 1753 of this title, and any
    State or States having lands within the area to be covered by such
    allotment management plan. Allotment management plans shall be
    tailored to the specific range condition of the area to be covered
    by such plan, and shall be reviewed on a periodic basis to
    determine whether they have been effective in improving the range
    condition of the lands involved or whether such lands can be better
    managed under the provisions of subsection (e) of this section. The
    Secretary concerned may revise or terminate such plans or develop
    new plans from time to time after such review and careful and
    considered consultation, cooperation and coordination with the
    parties involved. As used in this subsection, the terms "court
    ordered environmental impact statement" and "range condition" shall
    be defined as in the "Public Rangelands Improvement Act of 1978 [43
    U.S.C. 1901 et seq.]".
    (e) Omission of allotment management plan requirements and
      incorporation of appropriate terms and conditions; reexamination
      of range conditions
      In all cases where the Secretary concerned has not completed an
    allotment management plan or determines that an allotment
    management plan is not necessary for management of livestock
    operations and will not be prepared, the Secretary concerned shall
    incorporate in grazing permits and leases such terms and conditions
    as he deems appropriate for management of the permitted or leased
    lands pursuant to applicable law. The Secretary concerned shall
    also specify therein the numbers of animals to be grazed and the
    seasons of use and that he may reexamine the condition of the range
    at any time and, if he finds on reexamination that the condition of
    the range requires adjustment in the amount or other aspect of
    grazing use, that the permittee or lessee shall adjust his use to
    the extent the Secretary concerned deems necessary. Such
    readjustment shall be put into full force and effect on the date
    specified by the Secretary concerned.
    (f) Allotment management plan applicability to non-Federal lands;
      appeal rights
      Allotment management plans shall not refer to livestock
    operations or range improvements on non-Federal lands except where
    the non-Federal lands are intermingled with, or, with the consent
    of the permittee or lessee involved, associated with, the Federal
    lands subject to the plan. The Secretary concerned under
    appropriate regulations shall grant to lessees and permittees the
    right of appeal from decisions which specify the terms and
    conditions of allotment management plans. The preceding sentence of
    this subsection shall not be construed as limiting any other right
    of appeal from decisions of such officials.
    (g) Cancellation of permit or lease; determination of reasonable
      compensation; notice
      Whenever a permit or lease for grazing domestic livestock is
    canceled in whole or in part, in order to devote the lands covered
    by the permit or lease to another public purpose, including
    disposal, the permittee or lessee shall receive from the United
    States a reasonable compensation for the adjusted value, to be
    determined by the Secretary concerned, of his interest in
    authorized permanent improvements placed or constructed by the
    permittee or lessee on lands covered by such permit or lease, but
    not to exceed the fair market value of the terminated portion of
    the permittee's or lessee's interest therein. Except in cases of
    emergency, no permit or lease shall be canceled under this
    subsection without two years' prior notification.
    (h) Applicability of provisions to rights, etc., in or to public
      lands or lands in National Forests
      Nothing in this Act shall be construed as modifying in any way
    law existing on October 21, 1976, with respect to the creation of
    right, title, interest or estate in or to public lands or lands in
    National Forests by issuance of grazing permits and leases.

-SOURCE-
    (Pub. L. 94-579, title IV, Sec. 402, Oct. 21, 1976, 90 Stat. 2772,
    2773; Pub. L. 95-514, Secs. 7, 8, Oct. 25, 1978, 92 Stat. 1807.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 28, 1934, referred to in subsec. (a), is act June 28,
    1934, ch. 865, 48 Stat. 1269, as amended, known as the Taylor
    Grazing Act, which is classified principally to subchapter I (Sec.
    315 et seq.) of chapter 8A of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 315 of this title and Tables.
      Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j),
    referred to in subsec. (a), is act Aug. 28, 1937, ch. 876, 50 Stat.
    874, as amended, which enacted sections 1181a to 1181f of this
    title. Sections 1181f-1 to 1181f-4, included within the
    parenthetical reference to sections 1181a to 1181j, were enacted by
    Act May 24, 1939, ch. 144, 53 Stat. 753. Sections 1181g to 1181j,
    also included within the parenthetical reference to sections 1181a
    to 1181j, were enacted by act June 24, 1954, ch. 357, 68 Stat. 270.
    Section 1181c, also included within the parenthetical reference to
    sections 1181a to 1181j, was repealed by Pub. L. 94-579, title VII,
    Sec. 702, Oct. 21, 1976, 90 Stat. 2787. For complete classification
    of these Acts to the Code, see Tables.
      The Public Rangelands Improvement Act of 1978, referred to in
    subsec. (d), is Pub. L. 95-514, Oct. 25, 1978, 92 Stat. 1803, which
    is classified principally to chapter 37 (Sec. 1901 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1901 of this title and
    Tables.
      This Act, referred to in subsec. (h), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-514, Sec. 7(b), substituted
    "sixteen contiguous Western States" for "eleven contiguous Western
    States".
      Subsec. (b)(3). Pub. L. 95-514, Sec. 7(a), inserted provision
    that absence of completed land use plans or court ordered
    environmental statements shall not be the sole basis for
    establishing a term shorter than ten years unless information
    therein would be necessary to determine whether a shorter term
    should be established for any of the specified reasons.
      Subsec. (d). Pub. L. 95-514, Sec. 8(a), struck out ", with the
    exceptions authorized in subsection (e) of this section, on and
    after October 1, 1988," after "pursuant to this section" and
    inserted provisions prohibiting any requirements for completion of
    court ordered environmental impact statements prior to development
    and incorporation of allotment plans from being superseded by
    subsec. (d), providing for careful and considered consultation,
    cooperation, and coordination with certain persons, including
    landowners involved, district grazing advisory boards and States
    having lands within the covered area and for tailoring allotment
    management plans to the specific range condition of the covered
    area and periodic review thereof, authorizing the Secretary to
    terminate or develop the plans after review and careful and
    considered consultation, cooperation, and coordination with the
    parties involved, and defining "court ordered environmental impact
    statement" and "range condition".
      Subsec. (e). Pub. L. 95-514, Sec. 8(b), substituted introductory
    word "In" for "Prior to October 1, 1988, or thereafter, in".

                          GRAZING PERMIT RENEWALS                      
      Pub. L. 108-108, title III, Sec. 325, Nov. 10, 2003, 117 Stat.
    1308, provided in part: "That beginning in November 2004, and every
    year thereafter, the Secretaries of the Interior and Agriculture
    shall report to Congress the extent to which they are completing
    analysis required under applicable laws prior to the expiration of
    grazing permits, and beginning in May 2004, and every two years
    thereafter, the Secretaries shall provide Congress recommendations
    for legislative provisions necessary to ensure all permit renewals
    are completed in a timely manner. The legislative recommendations
    provided shall be consistent with the funding levels requested in
    the Secretaries' budget proposals".

     APPEALS OF REDUCTIONS IN GRAZING ALLOTMENTS ON PUBLIC RANGELAND;
    TIME; EFFECTIVE DATE OF REDUCTIONS; SUSPENSION PENDING FINAL ACTION
                                 ON APPEAL
      Provisions requiring appeals of reductions in grazing allotments
    on public rangelands to be taken within a certain time period;
    providing that reductions of up to 10 per centum in grazing
    allotments are effective when so designated by the Secretary;
    suspending proposed reductions in excess of 10 per centum pending
    final action on appeals; and requiring final action on appeals to
    be completed within 2 years of filing of the appeal were contained
    in the following appropriation acts:
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1378.
      Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 993.
      Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1917.
      Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 704.
      Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1776.
      Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
    1329-213, 1329-216.
      Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat.
    1783-242, 1783-245, and Pub. L. 99-591, Sec. 101(h) [title I], Oct.
    30, 1986, 100 Stat. 3341-242, 3341-245.
      Pub. L. 99-190, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat.
    1224, 1226.
      Pub. L. 98-473, title I, Sec. 101(c) [title I], Oct. 12, 1984, 98
    Stat. 1837, 1840.
      Pub. L. 98-146, title I, Nov. 4, 1983, 97 Stat. 921.
      Pub. L. 97-394, title I, Dec. 30, 1982, 96 Stat. 1968.
      Pub. L. 97-100, title I, Dec. 23, 1981, 95 Stat. 1393.
      Pub. L. 96-514, title I, Dec. 12, 1980, 94 Stat. 2959.
      Pub. L. 96-126, title I, Nov. 27, 1979, 93 Stat. 956.

-End-

-CITE-
    43 USC Sec. 1753                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-
    Sec. 1753. Grazing advisory boards

-STATUTE-
    (a) Establishment; maintenance
      For each Bureau district office and National Forest headquarters
    office in the sixteen contiguous Western States having jurisdiction
    over more than five hundred thousand acres of lands subject to
    commercial livestock grazing (hereinafter in this section referred
    to as "office"), the Secretary and the Secretary of Agriculture,
    upon the petition of a simple majority of the livestock lessees and
    permittees under the jurisdiction of such office, shall establish
    and maintain at least one grazing advisory board of not more than
    fifteen advisers.
    (b) Functions
      The function of grazing advisory boards established pursuant to
    this section shall be to offer advice and make recommendations to
    the head of the office involved concerning the development of
    allotment management plans and the utilization of range-betterment
    funds.
    (c) Appointment and terms of members
      The number of advisers on each board and the number of years an
    adviser may serve shall be determined by the Secretary concerned in
    his discretion. Each board shall consist of livestock
    representatives who shall be lessees or permittees in the area
    administered by the office concerned and shall be chosen by the
    lessees and permittees in the area through an election prescribed
    by the Secretary concerned.
    (d) Meetings
      Each grazing advisory board shall meet at least once annually.
    (e) Federal Advisory Committee Act applicability
      Except as may be otherwise provided by this section, the
    provisions of the Federal Advisory Committee Act (86 Stat. 770)
    shall apply to grazing advisory boards.
    (f) Expiration date
      The provisions of this section shall expire December 31, 1985.

-SOURCE-
    (Pub. L. 94-579, title IV, Sec. 403, Oct. 21, 1976, 90 Stat. 2775;
    Pub. L. 95-514, Sec. 10, Oct. 25, 1978, 92 Stat. 1808.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (e),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-514 substituted "sixteen
    contiguous Western States" for "eleven contiguous Western States".

-End-

-CITE-
    43 USC SUBCHAPTER V - RIGHTS-OF-WAY                         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
                       SUBCHAPTER V - RIGHTS-OF-WAY                   

-End-

-CITE-
    43 USC Sec. 1761                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1761. Grant, issue, or renewal of rights-of-way

-STATUTE-
    (a) Authorized purposes
      The Secretary, with respect to the public lands (including public
    lands, as defined in section 1702(e) of this title, which are
    reserved from entry pursuant to section 24 of the Federal Power Act
    (16 U.S.C. 818)) and, the Secretary of Agriculture, with respect to
    lands within the National Forest System (except in each case land
    designated as wilderness), are authorized to grant, issue, or renew
    rights-of-way over, upon, under, or through such lands for - 
        (1) reservoirs, canals, ditches, flumes, laterals, pipes,
      pipelines, tunnels, and other facilities and systems for the
      impoundment, storage, transportation, or distribution of water;
        (2) pipelines and other systems for the transportation or
      distribution of liquids and gases, other than water and other
      than oil, natural gas, synthetic liquid or gaseous fuels, or any
      refined product produced therefrom, and for storage and terminal
      facilities in connection therewith;
        (3) pipelines, slurry and emulsion systems, and conveyor belts
      for transportation and distribution of solid materials, and
      facilities for the storage of such materials in connection
      therewith;
        (4) systems for generation, transmission, and distribution of
      electric energy, except that the applicant shall also comply with
      all applicable requirements of the Federal Energy Regulatory
      Commission under the Federal Power Act, including part 1 (!1)
      thereof (41 Stat. 1063, 16 U.S.C. 791a-825r).; (!2)

        (5) systems for transmission or reception of radio, television,
      telephone, telegraph, and other electronic signals, and other
      means of communication;
        (6) roads, trails, highways, railroads, canals, tunnels,
      tramways, airways, livestock driveways, or other means of
      transportation except where such facilities are constructed and
      maintained in connection with commercial recreation facilities on
      lands in the National Forest System; or
        (7) such other necessary transportation or other systems or
      facilities which are in the public interest and which require
      rights-of-way over, upon, under, or through such lands.
    (b) Procedures applicable; administration
      (1) The Secretary concerned shall require, prior to granting,
    issuing, or renewing a right-of-way, that the applicant submit and
    disclose those plans, contracts, agreements, or other information
    reasonably related to the use, or intended use, of the right-of-
    way, including its effect on competition, which he deems necessary
    to a determination, in accordance with the provisions of this Act,
    as to whether a right-of-way shall be granted, issued, or renewed
    and the terms and conditions which should be included in the right-
    of-way.
      (2) If the applicant is a partnership, corporation, association,
    or other business entity, the Secretary concerned, prior to
    granting a right-to-way (!3) pursuant to this subchapter, shall
    require the applicant to disclose the identity of the participants
    in the entity, when he deems it necessary to a determination, in
    accordance with the provisions of this subchapter, as to whether a
    right-of-way shall be granted, issued, or renewed and the terms and
    conditions which should be included in the right-of-way. Such
    disclosures shall include, where applicable: (A) the name and
    address of each partner; (B) the name and address of each
    shareholder owning 3 per centum or more of the shares, together
    with the number and percentage of any class of voting shares of the
    entity which such shareholder is authorized to vote; and (C) the
    name and address of each affiliate of the entity together with, in
    the case of an affiliate controlled by the entity, the number of
    shares and the percentage of any class of voting stock of that
    affiliate owned, directly or indirectly, by that entity, and, in
    the case of an affiliate which controls that entity, the number of
    shares and the percentage of any class of voting stock of that
    entity owned, directly or indirectly, by the affiliate.

      (3) The Secretary of Agriculture shall have the authority to
    administer all rights-of-way granted or issued under authority of
    previous Acts with respect to lands under the jurisdiction of the
    Secretary of Agriculture, including rights-of-way granted or issued
    pursuant to authority given to the Secretary of the Interior by
    such previous Acts.
    (c) Permanent easement for water systems; issuance, preconditions,
      etc.
      (1) Upon receipt of a written application pursuant to paragraph
    (2) of this subsection from an applicant meeting the requirements
    of this subsection, the Secretary of Agriculture shall issue a
    permanent easement, without a requirement for reimbursement, for a
    water system as described in subsection (a)(1) of this section,
    traversing Federal lands within the National Forest System
    ("National Forest Lands"), constructed and in operation or placed
    into operation prior to October 21, 1976, if - 
        (A) the traversed National Forest lands are in a State where
      the appropriation doctrine governs the ownership of water rights;
        (B) at the time of submission of the application the water
      system is used solely for agricultural irrigation or livestock
      watering purposes;
        (C) the use served by the water system is not located solely on
      Federal lands;
        (D) the originally constructed facilities comprising such
      system have been in substantially continuous operation without
      abandonment;
        (E) the applicant has a valid existing right, established under
      applicable State law, for water to be conveyed by the water
      system;
        (F) a recordable survey and other information concerning the
      location and characteristics of the system as necessary for
      proper management of National Forest lands is provided to the
      Secretary of Agriculture by the applicant for the easement; and
        (G) the applicant submits such application on or before
      December 31, 1996.

      (2)(A) Nothing in this subsection shall be construed as affecting
    any grants made by any previous Act. To the extent any such
    previous grant of right-of-way is a valid existing right, it shall
    remain in full force and effect unless an owner thereof notifies
    the Secretary of Agriculture that such owner elects to have a water
    system on such right-of-way governed by the provisions of this
    subsection and submits a written application for issuance of an
    easement pursuant to this subsection, in which case upon the
    issuance of an easement pursuant to this subsection such previous
    grant shall be deemed to have been relinquished and shall
    terminate.
      (B) Easements issued under the authority of this subsection shall
    be fully transferable with all existing conditions and without the
    imposition of fees or new conditions or stipulations at the time of
    transfer. The holder shall notify the Secretary of Agriculture
    within sixty days of any address change of the holder or change in
    ownership of the facilities.
      (C) Easements issued under the authority of this subsection shall
    include all changes or modifications to the original facilities in
    existence as of October 21, 1976, the date of enactment of this
    Act.
      (D) Any future extension or enlargement of facilities after
    October 21, 1976, shall require the issuance of a separate
    authorization, not authorized under this subsection.
      (3)(A) Except as otherwise provided in this subsection, the
    Secretary of Agriculture may terminate or suspend an easement
    issued pursuant to this subsection in accordance with the
    procedural and other provisions of section 1766 of this title. An
    easement issued pursuant to this subsection shall terminate if the
    water system for which such easement was issued is used for any
    purpose other than agricultural irrigation or livestock watering
    use. For purposes of subparagraph (D) of paragraph (1) of this
    subsection, non-use of a water system for agricultural irrigation
    or livestock watering purposes for any continuous five-year period
    shall constitute a rebuttable presumption of abandonment of the
    facilities comprising such system.
      (B) Nothing in this subsection shall be deemed to be an assertion
    by the United States of any right or claim with regard to the
    reservation, acquisition, or use of water. Nothing in this
    subsection shall be deemed to confer on the Secretary of
    Agriculture any power or authority to regulate or control in any
    manner the appropriation, diversion, or use of water for any
    purpose (nor to diminish any such power or authority of such
    Secretary under applicable law) or to require the conveyance or
    transfer to the United States of any right or claim to the
    appropriation, diversion, or use of water.
      (C) Except as otherwise provided in this subsection, all rights-
    of-way issued pursuant to this subsection are subject to all
    conditions and requirements of this Act.
      (D) In the event a right-of-way issued pursuant to this
    subsection is allowed to deteriorate to the point of threatening
    persons or property and the holder of the right-of-way, after
    consultation with the Secretary of Agriculture, refuses to perform
    the repair and maintenance necessary to remove the threat to
    persons or property, the Secretary shall have the right to
    undertake such repair and maintenance on the right-of-way and to
    assess the holder for the costs of such repair and maintenance,
    regardless of whether the Secretary had required the holder to
    furnish a bond or other security pursuant to subsection (i) of this
    section.
    (d) Rights-of-way on certain Federal lands
      With respect to any project or portion thereof that was licensed
    pursuant to, or granted an exemption from, part I of the Federal
    Power Act [16 U.S.C. 791a et seq.] which is located on lands
    subject to a reservation under section 24 of the Federal Power Act
    [16 U.S.C. 818] and which did not receive a permit, right-of-way or
    other approval under this section prior to October 24, 1992, no
    such permit, right-of-way, or other approval shall be required for
    continued operation, including continued operation pursuant to
    section 15 of the Federal Power Act [16 U.S.C. 808], of such
    project unless the Commission determines that such project involves
    the use of any additional public lands or National Forest lands not
    subject to such reservation.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 501, Oct. 21, 1976, 90 Stat. 2776;
    Pub. L. 99-545, Sec. 1(b), (c), Oct. 27, 1986, 100 Stat. 3047,
    3048; Pub. L. 102-486, title XXIV, Sec. 2401, Oct. 24, 1992, 106
    Stat. 3096.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in subsecs. (a)(4) and (d), is
    act June 20, 1920, ch. 285, 41 Stat. 1063, as amended, which is
    classified generally to chapter 12 (Sec. 791a et seq.) of Title 16,
    Conservation. Part I of the Act is classified generally to
    subchapter I (Sec. 791a et seq.) of chapter 12 of Title 16. For
    complete classification of this Act to the Code, see section 791a
    of Title 16 and Tables.
      This Act, referred to in subsecs. (b)(1) and (c)(3)(C), is Pub.
    L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
    Federal Land Policy and Management Act of 1976. For complete
    classification of this Act to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-486, Sec. 2401(1), inserted
    "(including public lands, as defined in section 1702(e) of this
    title, which are reserved from entry pursuant to section 24 of the
    Federal Power Act (16 U.S.C. 818))".
      Subsec. (a)(4). Pub. L. 102-486, Sec. 2401(2), substituted
    "Federal Energy Regulatory Commission under the Federal Power Act,
    including part 1 thereof (41 Stat. 1063, 16 U.S.C. 791a-825r)." for
    "Federal Power Commission under the Federal Power Act of 1935 (49
    Stat. 847; 16 U.S.C. 791)". The substitution was made to reflect
    the probable intent of Congress, in the absence of closing
    quotations designating the provisions to be struck out.
      Subsec. (d). Pub. L. 102-486, Sec. 2401(3), added subsec. (d).
      1986 - Subsec. (b)(3). Pub. L. 99-545, Sec. 1(c), added par. (3).
      Subsec. (c). Pub. L. 99-545, Sec. 1(b), added subsec. (c).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Enforcement functions of Secretary or other official in
    Department of Agriculture, insofar as they involve lands and
    programs under jurisdiction of that Department, related to
    compliance with land use permits for other associated land uses
    issued under sections 1761, and 1763 to 1771 of this title, and
    such functions of Secretary or other official in Department of the
    Interior related to compliance with land use permits for temporary
    use of public lands and other associated land uses, issued under
    sections 1732, 1761, and 1763 to 1771 of this title, with respect
    to pre-construction, construction, and initial operation of
    transportation systems for Canadian and Alaskan natural gas
    transferred to Federal Inspector, Office of Federal Inspector for
    Alaska Natural Gas Transportation System, until first anniversary
    of date of initial operation of Alaska Natural Gas Transportation
    System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), (f), 203(a),
    44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979,
    set out in the Appendix to Title 5, Government Organization and
    Employees. Office of Federal Inspector for the Alaska Natural Gas
    Transportation System abolished and functions and authority vested
    in Inspector transferred to Secretary of Energy by section 3012(b)
    of Pub. L. 102-486, set out as an Abolition of Office of Federal
    Inspector note under section 719e of Title 15, Commerce and Trade.
    Functions and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.

-FOOTNOTE-               

    (!1) So in original. Probably should be part "I".

    (!2) So in original. The period preceding the semicolon probably
         should not appear.

    (!3) So in original. Probably should be "right-of-way".

-End-

-CITE-
    43 USC Sec. 1762                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1762. Roads

-STATUTE-
    (a) Authority to acquire, construct, and maintain; financing
      arrangements
      The Secretary, with respect to the public lands, is authorized to
    provide for the acquisition, construction, and maintenance of roads
    within and near the public lands in locations and according to
    specifications which will permit maximum economy in harvesting
    timber from such lands tributary to such roads and at the same time
    meet the requirements for protection, development, and management
    of such lands for utilization of the other resources thereof.
    Financing of such roads may be accomplished (1) by the Secretary
    utilizing appropriated funds, (2) by requirements on purchasers of
    timber and other products from the public lands, including
    provisions for amortization of road costs in contracts, (3) by
    cooperative financing with other public agencies and with private
    agencies or persons, or (4) by a combination of these methods:
    Provided, That, where roads of a higher standard than that needed
    in the harvesting and removal of the timber and other products
    covered by the particular sale are to be constructed, the purchaser
    of timber and other products from public lands shall not, except
    when the provisions of the second proviso of this subsection apply,
    be required to bear that part of the costs necessary to meet such
    higher standard, and the Secretary is authorized to make such
    arrangements to this end as may be appropriate: Provided further,
    That when timber is offered with the condition that the purchaser
    thereof will build a road or roads in accordance with standards
    specified in the offer, the purchaser of the timber will be
    responsible for paying the full costs of construction of such
    roads.
    (b) Recordation of copies of affected instruments
      Copies of all instruments affecting permanent interests in land
    executed pursuant to this section shall be recorded in each county
    where the lands are located.
    (c) Maintenance or reconstruction of facilities by users
      The Secretary may require the user or users of a road, trail,
    land, or other facility administered by him through the Bureau,
    including purchasers of Government timber and other products, to
    maintain such facilities in a satisfactory condition commensurate
    with the particular use requirements of each. Such maintenance to
    be borne by each user shall be proportionate to total use. The
    Secretary may also require the user or users of such a facility to
    reconstruct the same when such reconstruction is determined to be
    necessary to accommodate such use. If such maintenance or
    reconstruction cannot be so provided or if the Secretary determines
    that maintenance or reconstruction by a user would not be
    practical, then the Secretary may require that sufficient funds be
    deposited by the user to provide his portion of such total
    maintenance or reconstruction. Deposits made to cover the
    maintenance or reconstruction of roads are hereby made available
    until expended to cover the cost to the United States of
    accomplishing the purposes for which deposited: Provided, That
    deposits received for work on adjacent and overlapping areas may be
    combined when it is the most practicable and efficient manner of
    performing the work, and cost thereof may be determined by
    estimates: And provided further, That unexpended balances upon
    accomplishment of the purpose for which deposited shall be
    transferred to miscellaneous receipts or refunded.
    (d) Fund for user fees for delayed payment to grantor
      Whenever the agreement under which the United States has obtained
    for the use of, or in connection with, the public lands a right-of-
    way or easement for a road or an existing road or the right to use
    an existing road provides for delayed payments to the Government's
    grantor, any fees or other collections received by the Secretary
    for the use of the road may be placed in a fund to be available for
    making payments to the grantor.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 502, Oct. 21, 1976, 90 Stat. 2777.)

-End-

-CITE-
    43 USC Sec. 1763                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1763. Right-of-way corridors; criteria and procedures
      applicable for designation

-STATUTE-
      In order to minimize adverse environmental impacts and the
    proliferation of separate rights-of-way, the utilization of rights-
    of-way in common shall be required to the extent practical, and
    each right-of-way or permit shall reserve to the Secretary
    concerned the right to grant additional rights-of-way or permits
    for compatible uses on or adjacent to rights-of-way granted
    pursuant to this Act. In designating right-of-way corridors and in
    determining whether to require that rights-of-way be confined to
    them, the Secretary concerned shall take into consideration
    national and State land use policies, environmental quality,
    economic efficiency, national security, safety, and good
    engineering and technological practices. The Secretary concerned
    shall issue regulations containing the criteria and procedures he
    will use in designating such corridors. Any existing transportation
    and utility corridors may be designated as transportation and
    utility corridors pursuant to this subsection without further
    review.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 503, Oct. 21, 1976, 90 Stat. 2778.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 94-579, Oct. 21, 1976,
    90 Stat. 2743, as amended, known as the Federal Land Policy and
    Management Act of 1976. For complete classification of this Act to
    the Code, see Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Enforcement functions of Secretary or other official in
    Department of Agriculture, insofar as they involve lands and
    programs under jurisdiction of that Department, related to
    compliance with land use permits for other associated land uses
    issued under sections 1761, and 1763 to 1771 of this title, and
    such functions of Secretary or other official in Department of the
    Interior related to compliance with land use permits for temporary
    use of public lands and other associated land uses, issued under
    sections 1732, 1761, and 1763 to 1771 of this title, with respect
    to pre-construction, construction, and initial operation of
    transportation systems for Canadian and Alaskan natural gas
    transferred to Federal Inspector, Office of Federal Inspector for
    Alaska Natural Gas Transportation System, until first anniversary
    of date of initial operation of Alaska Natural Gas Transportation
    System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), (f), 203(a),
    44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979,
    set out in the Appendix to Title 5, Government Organization and
    Employees. Office of Federal Inspector for the Alaska Natural Gas
    Transportation System abolished and functions and authority vested
    in Inspector transferred to Secretary of Energy by section 3012(b)
    of Pub. L. 102-486, set out as an Abolition of Office of Federal
    Inspector note under section 719e of Title 15, Commerce and Trade.
    Functions and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.

-End-

-CITE-
    43 USC Sec. 1764                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1764. General requirements

-STATUTE-
    (a) Boundary specifications; criteria; temporary use of additional
      lands
      The Secretary concerned shall specify the boundaries of each
    right-of-way as precisely as is practical. Each right-of-way shall
    be limited to the ground which the Secretary concerned determines
    (1) will be occupied by facilities which constitute the project for
    which the right-of-way is granted, issued, or renewed, (2) to be
    necessary for the operation or maintenance of the project, (3) to
    be necessary to protect the public safety, and (4) will do no
    unnecessary damage to the environment. The Secretary concerned may
    authorize the temporary use of such additional lands as he
    determines to be reasonably necessary for the construction,
    operation, maintenance, or termination of the project or a portion
    thereof, or for access thereto.
    (b) Terms and conditions of right-of-way or permit
      Each right-of-way or permit granted, issued, or renewed pursuant
    to this section shall be limited to a reasonable term in light of
    all circumstances concerning the project. In determining the
    duration of a right-of-way the Secretary concerned shall, among
    other things, take into consideration the cost of the facility, its
    useful life, and any public purpose it serves. The right-of-way
    shall specify whether it is or is not renewable and the terms and
    conditions applicable to the renewal.
    (c) Applicability of regulations or stipulations
      Rights-of-way shall be granted, issued, or renewed pursuant to
    this subchapter under such regulations or stipulations, consistent
    with the provisions of this subchapter or any other applicable law,
    and shall also be subject to such terms and conditions as the
    Secretary concerned may prescribe regarding extent, duration,
    survey, location, construction, maintenance, transfer or
    assignment, and termination.
    (d) Submission of plan of construction, operation, and
      rehabilitation by new project applicants; plan requirements
      The Secretary concerned prior to granting or issuing a right-of-
    way pursuant to this subchapter for a new project which may have a
    significant impact on the environment, shall require the applicant
    to submit a plan of construction, operation, and rehabilitation for
    such right-of-way which shall comply with stipulations or with
    regulations issued by that Secretary, including the terms and
    conditions required under section 1765 of this title.
    (e) Regulatory requirements for terms and conditions; revision and
      applicability of regulations
      The Secretary concerned shall issue regulations with respect to
    the terms and conditions that will be included in rights-of-way
    pursuant to section 1765 of this title. Such regulations shall be
    regularly revised as needed. Such regulations shall be applicable
    to every right-of-way granted or issued pursuant to this subchapter
    and to any subsequent renewal thereof, and may be applicable to
    rights-of-way not granted or issued, but renewed pursuant to this
    subchapter.
    (f) Removal or use of mineral and vegetative materials
      Mineral and vegetative materials, including timber, within or
    without a right-of-way, may be used or disposed of in connection
    with construction or other purposes only if authorization to remove
    or use such materials has been obtained pursuant to applicable laws
    or for emergency repair work necessary for those rights-of-way
    authorized under section 1761(c) of this title.
    (g) Rental payments; amount, waiver, etc.
      The holder of a right-of-way shall pay in advance the fair market
    value thereof, as determined by the Secretary granting, issuing, or
    renewing such right-of-way. The Secretary concerned may require
    either annual payment or a payment covering more than one year at a
    time except that private individuals may make at their option
    either annual payments or payments covering more than one year if
    the annual fee is greater than one hundred dollars. The Secretary
    concerned may waive rentals where a right-of-way is granted, issued
    or renewed in consideration of a right-of-way conveyed to the
    United States in connection with a cooperative cost share program
    between the United States and the holder. The Secretary concerned
    may, by regulation or prior to promulgation of such regulations, as
    a condition of a right-of-way, require an applicant for or holder
    of a right-of-way to reimburse the United States for all reasonable
    administrative and other costs incurred in processing an
    application for such right-of-way and in inspection and monitoring
    of construction, operation, and termination of the facility
    pursuant to such right-of-way: Provided, however, That the
    Secretary concerned need not secure reimbursement in any situation
    where there is in existence a cooperative cost share right-of-way
    program between the United States and the holder of a right-of-way.
    Rights-of-way may be granted, issued, or renewed to a Federal,
    State, or local government or any agency or instrumentality
    thereof, to nonprofit associations or nonprofit corporations which
    are not themselves controlled or owned by profitmaking corporations
    or business enterprises, or to a holder where he provides without
    or at reduced charges a valuable benefit to the public or to the
    programs of the Secretary concerned, or to a holder in connection
    with the authorized use or occupancy of Federal land for which the
    United States is already receiving compensation for such lesser
    charge, including free use as the Secretary concerned finds
    equitable and in the public interest. Such rights-of-way issued at
    less than fair market value are not assignable except with the
    approval of the Secretary issuing the right-of-way. The moneys
    received for reimbursement of reasonable costs shall be deposited
    with the Treasury in a special account and are hereby authorized to
    be appropriated and made available until expended. Rights-of-way
    shall be granted, issued, or renewed, without rental fees, for
    electric or telephone facilities eligible for financing pursuant to
    the Rural Electrification Act of 1936, as amended [7 U.S.C. 901 et
    seq.], determined without regard to any application requirement
    under that Act, or any extensions from such facilities: Provided,
    That nothing in this sentence shall be construed to affect the
    authority of the Secretary granting, issuing, or renewing the right-
    of-way to require reimbursement of reasonable administrative and
    other costs pursuant to the second sentence of this subsection.
    (h) Liability for damage or injury incurred by United States for
      use and occupancy of rights-of-way; indemnification of United
      States; no-fault liability; amount of damages
      (1) The Secretary concerned shall promulgate regulations
    specifying the extent to which holders of rights-of-way under this
    subchapter shall be liable to the United States for damage or
    injury incurred by the United States caused by the use and
    occupancy of the rights-of-way. The regulations shall also specify
    the extent to which such holders shall indemnify or hold harmless
    the United States for liabilities, damages, or claims caused by
    their use and occupancy of the rights-of-way.
      (2) Any regulation or stipulation imposing liability without
    fault shall include a maximum limitation on damages commensurate
    with the foreseeable risks or hazards presented. Any liability for
    damage or injury in excess of this amount shall be determined by
    ordinary rules of negligence.
    (i) Bond or security requirements
      Where he deems it appropriate, the Secretary concerned may
    require a holder of a right-of-way to furnish a bond, or other
    security, satisfactory to him to secure all or any of the
    obligations imposed by the terms and conditions of the right-of-way
    or by any rule or regulation of the Secretary concerned.
    (j) Criteria for grant, issue, or renewal of right-of-way
      The Secretary concerned shall grant, issue, or renew a right-of-
    way under this subchapter only when he is satisfied that the
    applicant has the technical and financial capability to construct
    the project for which the right-of-way is requested, and in accord
    with the requirements of this subchapter.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 504, Oct. 21, 1976, 90 Stat. 2778;
    Pub. L. 98-300, May 25, 1984, 98 Stat. 215; Pub. L. 99-545, Sec. 2,
    Oct. 27, 1986, 100 Stat. 3048; Pub. L. 104-333, div. I, title X,
    Sec. 1032(a), Nov. 12, 1996, 110 Stat. 4239.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Rural Electrification Act of 1936, referred to in subsec.
    (g), is act May 20, 1936, ch. 432, 49 Stat. 1363, as amended, which
    is classified generally to chapter 31 (Sec. 901 et seq.) of Title
    7, Agriculture. For complete classification of this Act to the
    Code, see section 901 of Title 7 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (g). Pub. L. 104-333 substituted "eligible for
    financing pursuant to the Rural Electrification Act of 1936, as
    amended, determined without regard to any application requirement
    under that Act," for "financed pursuant to the Rural
    Electrification Act of 1936, as amended,".
      1986 - Subsec. (f). Pub. L. 99-545, Sec. 2(1), inserted before
    the period at end "or for emergency repair work necessary for those
    rights-of-way authorized under section 1761(c) of this title".
      Subsec. (g). Pub. L. 99-545, Sec. 2(2), substituted "The holder
    of a right-of-way shall pay in advance the fair market value
    thereof, as determined by the Secretary granting, issuing, or
    renewing such right-of-way. The Secretary concerned may require
    either annual payment or a payment covering more than one year at a
    time except that private individuals may make at their option
    either annual payments or payments covering more than one year if
    the annual fee is greater than one hundred dollars. The Secretary
    concerned may waive rentals where a right-of-way is granted, issued
    or renewed in consideration of a right-of-way conveyed to the
    United States in connection with a cooperative cost share program
    between the United States and the holder." for "The holder of a
    right-of-way shall pay annually in advance the fair market value
    thereof as determined by the Secretary granting, issuing, or
    renewing such right-of-way: Provided, That when the annual rental
    is less than $100, the Secretary concerned may require advance
    payment for more than one year at a time: Provided further, That
    the Secretary concerned may waive rentals where a right-of-way is
    granted, issued, or renewed in reciprocation for a right-of-way
    conveyed to the United States in connection with a cooperative cost
    share program between the United States and the holder."
      1984 - Subsec. (g). Pub. L. 98-300 inserted at end "Rights-of-way
    shall be granted, issued, or renewed, without rental fees, for
    electric or telephone facilities financed pursuant to the Rural
    Electrification Act of 1936, as amended, or any extensions from
    such facilities: Provided, That nothing in this sentence shall be
    construed to affect the authority of the Secretary granting,
    issuing, or renewing the right-of-way to require reimbursement of
    reasonable administrative and other costs pursuant to the second
    sentence of this subsection."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 1032(b) of Pub. L. 104-333 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply with
    respect to rights-of-way leases held on or after the date of
    enactment of this Act [Nov. 12, 1996]."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-End-

-CITE-
    43 USC Sec. 1765                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1765. Terms and conditions

-STATUTE-
      Each right-of-way shall contain - 
        (a) terms and conditions which will (i) carry out the purposes
      of this Act and rules and regulations issued thereunder; (ii)
      minimize damage to scenic and esthetic values and fish and
      wildlife habitat and otherwise protect the environment; (iii)
      require compliance with applicable air and water quality
      standards established by or pursuant to applicable Federal or
      State law; and (iv) require compliance with State standards for
      public health and safety, environmental protection, and siting,
      construction, operation, and maintenance of or for rights-of-way
      for similar purposes if those standards are more stringent than
      applicable Federal standards; and
        (b) such terms and conditions as the Secretary concerned deems
      necessary to (i) protect Federal property and economic interests;
      (ii) manage efficiently the lands which are subject to the right-
      of-way or adjacent thereto and protect the other lawful users of
      the lands adjacent to or traversed by such right-of-way; (iii)
      protect lives and property; (iv) protect the interests of
      individuals living in the general area traversed by the right-of-
      way who rely on the fish, wildlife, and other biotic resources
      of the area for subsistence purposes; (v) require location of the
      right-of-way along a route that will cause least damage to the
      environment, taking into consideration feasibility and other
      relevant factors; and (vi) otherwise protect the public interest
      in the lands traversed by the right-of-way or adjacent thereto.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 505, Oct. 21, 1976, 90 Stat. 2780.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in par. (a), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-End-

-CITE-
    43 USC Sec. 1766                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1766. Suspension or termination; grounds; procedures
      applicable

-STATUTE-
      Abandonment of a right-of-way or noncompliance with any provision
    of this subchapter condition of the right-of-way, or applicable
    rule or regulation of the Secretary concerned may be grounds for
    suspension or termination of the right-of-way if, after due notice
    to the holder of the right-of-way and, and (!1) with respect to
    easements, an appropriate administrative proceeding pursuant to
    section 554 of title 5, the Secretary concerned determines that any
    such ground exists and that suspension or termination is justified.
    No administrative proceeding shall be required where the right-of-
    way by its terms provides that it terminates on the occurrence of
    a fixed or agreed-upon condition, event, or time. If the Secretary
    concerned determines that an immediate temporary suspension of
    activities within a right-of-way for violation of its terms and
    conditions is necessary to protect public health or safety or the
    environment, he may abate such activities prior to an
    administrative proceeding. Prior to commencing any proceeding to
    suspend or terminate a right-of-way the Secretary concerned shall
    give written notice to the holder of the grounds for such action
    and shall give the holder a reasonable time to resume use of the
    right-of-way or to comply with this subchapter condition, rule, or
    regulation as the case may be. Failure of the holder of the right-
    of-way to use the right-of-way for the purpose for which it was
    granted, issued, or renewed, for any continuous five-year period,
    shall constitute a rebuttable presumption of abandonment of the
    right-of-way except that where the failure of the holder to use the
    right-of-way for the purpose for which it was granted, issued, or
    renewed for any continuous five-year period is due to circumstances
    not within the holder's control, the Secretary concerned is not
    required to commence proceedings to suspend or terminate the right-
    of-way.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 506, Oct. 21, 1976, 90 Stat. 2780.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 1767                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1767. Rights-of-way for Federal departments and agencies

-STATUTE-
      (a) The Secretary concerned may provide under applicable
    provisions of this subchapter for the use of any department or
    agency of the United States a right-of-way over, upon, under or
    through the land administered by him, subject to such terms and
    conditions as he may impose.
      (b) Where a right-of-way has been reserved for the use of any
    department or agency of the United States, the Secretary shall take
    no action to terminate, or otherwise limit, that use without the
    consent of the head of such department or agency.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 507, Oct. 21, 1976, 90 Stat. 2781.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-End-

-CITE-
    43 USC Sec. 1768                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1768. Conveyance of lands covered by right-of-way; terms and
      conditions

-STATUTE-
      If under applicable law the Secretary concerned decides to
    transfer out of Federal ownership any lands covered in whole or in
    part by a right-of-way, including a right-of-way granted under the
    Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands
    may be conveyed subject to the right-of-way; however, if the
    Secretary concerned determines that retention of Federal control
    over the right-of-way is necessary to assure that the purposes of
    this subchapter will be carried out, the terms and conditions of
    the right-of-way complied with, or the lands protected, he shall
    (a) reserve to the United States that portion of the lands which
    lies within the boundaries of the right-of-way, or (b) convey the
    lands, including that portion within the boundaries of the right-of-
    way, subject to the right-of-way and reserving to the United
    States the right to enforce all or any of the terms and conditions
    of the right-of-way, including the right to renew it or extend it
    upon its termination and to collect rents.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 508, Oct. 21, 1976, 90 Stat. 2781.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of November 16, 1973, referred to in text, is Pub. L. 93-153,
    Nov. 16, 1973, 87 Stat. 576. For complete classification of this
    Act to the Code, see Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-End-

-CITE-
    43 USC Sec. 1769                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1769. Existing right-of-way or right-of-use unaffected;
      exceptions; rights-of-way for railroad and appurtenant
      communication facilities; applicability of existing terms and
      conditions

-STATUTE-
      (a) Nothing in this subchapter shall have the effect of
    terminating any right-of-way or right-of-use heretofore issued,
    granted, or permitted. However, with the consent of the holder
    thereof, the Secretary concerned may cancel such a right-of-way or
    right-of-use and in its stead issue a right-of-way pursuant to the
    provisions of this subchapter.
      (b) When the Secretary concerned issues a right-of-way under this
    subchapter for a railroad and appurtenant communication facilities
    in connection with a realinement of a railroad on lands under his
    jurisdiction by virtue of a right-of-way granted by the United
    States, he may, when he considers it to be in the public interest
    and the lands involved are not within an incorporated community and
    are of approximately equal value, notwithstanding the provisions of
    this subchapter, provide in the new right-of-way the same terms and
    conditions as applied to the portion of the existing right-of-way
    relinquished to the United States with respect to the payment of
    annual rental, duration of the right-of-way, and the nature of the
    interest in lands granted. The Secretary concerned or his delegate
    shall take final action upon all applications for the grant, issue,
    or renewal of rights-of-way under subsection (b) of this section no
    later than six months after receipt from the applicant of all
    information required from the applicant by this subchapter.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 509, Oct. 21, 1976, 90 Stat. 2781.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-End-

-CITE-
    43 USC Sec. 1770                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1770. Applicability of provisions to other Federal laws

-STATUTE-
    (a) Right-of-way
      Effective on and after October 21, 1976, no right-of-way for the
    purposes listed in this subchapter shall be granted, issued, or
    renewed over, upon, under, or through such lands except under and
    subject to the provisions, limitations, and conditions of this
    subchapter: Provided, That nothing in this subchapter shall be
    construed as affecting or modifying the provisions of sections 532
    to 538 of title 16 and in the event of conflict with, or
    inconsistency between, this subchapter and sections 532 to 538 of
    title 16, the latter shall prevail: Provided further, That nothing
    in this Act should be construed as making it mandatory that, with
    respect to forest roads, the Secretary of Agriculture limit rights-
    of-way grants or their term of years or require disclosure
    pursuant to section 1761(b) of this title or impose any other
    condition contemplated by this Act that is contrary to present
    practices of that Secretary under sections 532 to 538 of title 16.
    Any pending application for a right-of-way under any other law on
    the effective date of this section shall be considered as an
    application under this subchapter. The Secretary concerned may
    require the applicant to submit any additional information he deems
    necessary to comply with the requirements of this subchapter.
    (b) Highway use
      Nothing in this subchapter shall be construed to preclude the use
    of lands covered by this subchapter for highway purposes pursuant
    to sections 107 and 317 of title 23.
    (c) Application of antitrust laws
      (1) Nothing in this subchapter shall be construed as exempting
    any holder of a right-of-way issued under this subchapter from any
    provision of the antitrust laws of the United States.
      (2) For the purposes of this subsection, the term "antitrust
    laws" includes the Act of July 2, 1890 (26 Stat. 15 U.S.C. 1 et
    seq.); the Act of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et
    seq.); the Federal Trade Commission Act (38 Stat. 717; 15 U.S.C. 41
    et seq.); and sections 73 and 74 of the Act of August 27, 1894 [15
    U.S.C. 8, 9].

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 510, Oct. 21, 1976, 90 Stat. 2782.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.
      The effective date of this section, referred to in subsec. (a),
    probably means the date of enactment of this section by Pub. L. 94-
    579, which was approved Oct. 21, 1976.
      Act of July 2, 1890, referred to in subsec. (c)(2), is act July
    2, 1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman
    Act, which is classified to sections 1 to 7 of Title 15, Commerce
    and Trade. For complete classification of this Act to the Code, see
    Short Title note set out under section 1 of Title 15 and Tables.
      Act of October 15, 1914, referred to in subsec. (c)(2), is act
    Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the
    Clayton Act, which is classified generally to sections 12, 13, 14
    to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of
    Title 29, Labor. For further details and complete classification of
    this Act to the Code, see References in Text note set out under
    section 12 of Title 15 and Tables.
      The Federal Trade Commission Act, referred to in subsec. (c)(2),
    is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of Title 15. For complete classification of this Act to the Code,
    see section 58 of Title 15 and Tables.
      Sections 73 and 74 of the Act of August 27, 1894, referred to in
    subsec. (c), are sections 73 and 74 of act Aug. 27, 1894, ch. 349,
    28 Stat. 570, which are classified to sections 8 and 9 of Title 15.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-End-

-CITE-
    43 USC Sec. 1771                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
    Sec. 1771. Coordination of applications

-STATUTE-
      Applicants before Federal departments and agencies other than the
    Department of the Interior or Agriculture seeking a license,
    certificate, or other authority for a project which involve a right-
    of-way over, upon, under, or through public land or National
    Forest System lands must simultaneously apply to the Secretary
    concerned for the appropriate authority to use public lands or
    National Forest System lands and submit to the Secretary concerned
    all information furnished to the other Federal department or
    agency.

-SOURCE-
    (Pub. L. 94-579, title V, Sec. 511, Oct. 21, 1976, 90 Stat. 2782.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See note set out under section 1763 of this title.

-End-

-CITE-
    43 USC SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-
                SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS            

-End-

-CITE-
    43 USC Sec. 1781                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-
    Sec. 1781. California Desert Conservation Area

-STATUTE-
    (a) Congressional findings
      The Congress finds that - 
        (1) the California desert contains historical, scenic,
      archeological, environmental, biological, cultural, scientific,
      educational, recreational, and economic resources that are
      uniquely located adjacent to an area of large population;
        (2) the California desert environment is a total ecosystem that
      is extremely fragile, easily scarred, and slowly healed;
        (3) the California desert environment and its resources,
      including certain rare and endangered species of wildlife,
      plants, and fishes, and numerous archeological and historic
      sites, are seriously threatened by air pollution, inadequate
      Federal management authority, and pressures of increased use,
      particularly recreational use, which are certain to intensify
      because of the rapidly growing population of southern California;
        (4) the use of all California desert resources can and should
      be provided for in a multiple use and sustained yield management
      plant to conserve these resources for future generations, and to
      provide present and future use and enjoyment, particularly
      outdoor recreation uses, including the use, where appropriate, of
      off-road recreational vehicles;
        (5) the Secretary has initiated a comprehensive planning
      process and established an interim management program for the
      public lands in the California desert; and
        (6) to insure further study of the relationship of man and the
      California desert environment, preserve the unique and
      irreplaceable resources, including archeological values, and
      conserve the use of the economic resources of the California
      desert, the public must be provided more opportunity to
      participate in such planning and management, and additional
      management authority must be provided to the Secretary to
      facilitate effective implementation of such planning and
      management.
    (b) Statement of purpose
      It is the purpose of this section to provide for the immediate
    and future protection and administration of the public lands in the
    California desert within the framework of a program of multiple use
    and sustained yield, and the maintenance of environmental quality.
    (c) Description of Area
      (1) For the purpose of this section, the term "California desert"
    means the area generally depicted on a map entitled "California
    Desert Conservation Area - Proposed" dated April 1974, and
    described as provided in subsection (c)(2) of this section.
      (2) As soon as practicable after October 21, 1976, the Secretary
    shall file a revised map and a legal description of the California
    Desert Conservation Area with the Committees on Interior and
    Insular Affairs of the United States Senate and the House of
    Representatives, and such map and description shall have the same
    force and effect as if included in this Act. Correction of clerical
    and typographical errors in such legal description and a map may be
    made by the Secretary. To the extent practicable, the Secretary
    shall make such legal description and map available to the public
    promptly upon request.
    (d) Preparation and implementation of comprehensive long-range plan
      for management, use, etc.
      The Secretary, in accordance with section 1712 of this title,
    shall prepare and implement a comprehensive, long-range plan for
    the management, use, development, and protection of the public
    lands within the California Desert Conservation Area. Such plan
    shall take into account the principles of multiple use and
    sustained yield in providing for resource use and development,
    including, but not limited to, maintenance of environmental
    quality, rights-of-way, and mineral development. Such plan shall be
    completed and implementation thereof initiated on or before
    September 30, 1980.
    (e) Interim program for management, use, etc.
      During the period beginning on October 21, 1976, and ending on
    the effective date of implementation of the comprehensive, long-
    range plan, the Secretary shall execute an interim program to
    manage, use, and protect the public lands, and their resources now
    in danger of destruction, in the California Desert Conservation
    Area, to provide for the public use of such lands in an orderly and
    reasonable manner such as through the development of campgrounds
    and visitor centers, and to provide for a uniformed desert ranger
    force.
    (f) Applicability of mining laws
      Subject to valid existing rights, nothing in this Act shall
    affect the applicability of the United States mining laws on the
    public lands within the California Desert Conservation Area, except
    that all mining claims located on public lands within the
    California Desert Conservation Area shall be subject to such
    reasonable regulations as the Secretary may prescribe to effectuate
    the purposes of this section. Any patent issued on any such mining
    claim shall recite this limitation and continue to be subject to
    such regulations. Such regulations shall provide for such measures
    as may be reasonable to protect the scenic, scientific, and
    environmental values of the public lands of the California Desert
    Conservation Area against undue impairment, and to assure against
    pollution of the streams and waters within the California Desert
    Conservation Area.
    (g) Advisory Committee; establishment; functions
      (1) The Secretary, within sixty days after October 21, 1976,
    shall establish a California Desert Conservation Area Advisory
    Committee (hereinafter referred to as "advisory committee") in
    accordance with the provisions of section 1739 of this title.
      (2) It shall be the function of the advisory committee to advise
    the Secretary with respect to the preparation and implementation of
    the comprehensive, long-range plan required under subsection (d) of
    this section.
    (h) Management of lands under jurisdiction of Secretary of
      Agriculture and Secretary of Defense
      The Secretary of Agriculture and the Secretary of Defense shall
    manage lands within their respective jurisdictions located in or
    adjacent to the California Desert Conservation Area, in accordance
    with the laws relating to such lands and wherever practicable, in a
    manner consonant with the purpose of this section. The Secretary,
    the Secretary of Agriculture, and the Secretary of Defense are
    authorized and directed to consult among themselves and take
    cooperative actions to carry out the provisions of this subsection,
    including a program of law enforcement in accordance with
    applicable authorities to protect the archeological and other
    values of the California Desert Conservation Area and adjacent
    lands.
    (i) Omitted
    (j) Authorization of appropriations
      There are authorized to be appropriated for fiscal years 1977
    through 1981 not to exceed $40,000,000 for the purpose of this
    section, such amount to remain available until expended.

-SOURCE-
    (Pub. L. 94-579, title VI, Sec. 601, Oct. 21, 1976, 90 Stat. 2782.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (c)(2) and (f), is Pub. L. 94-
    579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
    Federal Land Policy and Management Act of 1976. For complete
    classification of this Act to the Code, see Tables.
      The United States mining laws, referred to in subsec. (f), are
    classified generally to Title 30, Mineral Lands and Mining.

-COD-
                               CODIFICATION                           
      Subsec. (i) of this section, which required the Secretary to
    report annually to Congress on the progress in, and any problems
    concerning, the implementation of this section, terminated,
    effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance. See, also, the last item on page 107 of House Document
    No. 103-7.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Interior and Insular Affairs of the Senate, referred
    to in subsec. (c)(2), abolished and replaced by Committee on Energy
    and Natural Resources of the Senate, effective Feb. 11, 1977. See
    Rule XXV of Standing Rules of the Senate, as amended by Senate
    Resolution No. 4 (popularly cited as the "Committee System
    Reorganization Amendments of 1977"), approved Feb. 4, 1977.
      Committee on Interior and Insular Affairs of the House of
    Representatives changed to Committee on Natural Resources of the
    House of Representatives on Jan. 5, 1993, by House Resolution No.
    5, One Hundred Third Congress. Committee on Natural Resources of
    House of Representatives treated as referring to Committee on
    Resources of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress.

-MISC1-
                           DESERT LILY SANCTUARY                       
      Pub. L. 103-433, title I, Sec. 107, Oct. 31, 1994, 108 Stat.
    4483, provided that:
      "(a) Designation. - There is hereby established the Desert Lily
    Sanctuary within the California Desert Conservation Area,
    California, of the Bureau of Land Management, comprising
    approximately two thousand forty acres, as generally depicted on a
    map entitled 'Desert Lily Sanctuary', dated February 1986. The
    Secretary [of the Interior] shall administer the area to provide
    maximum protection to the desert lily.
      "(b) Withdrawal. - Subject to valid existing rights, all Federal
    lands within the Desert Lily Sanctuary are hereby withdrawn from
    all forms of entry, appropriation, or disposal under the public
    land laws; from location, entry, and patent under the United States
    mining laws; and from disposition under all laws pertaining to
    mineral and geothermal leasing, and mineral materials, and all
    amendments thereto."

         DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL CONCERN     
      Pub. L. 103-433, title I, Sec. 108, Oct. 31, 1994, 108 Stat.
    4483, provided that:
      "(a) Designation. - There is hereby established the Dinosaur
    Trackway Area of Critical Environmental Concern within the
    California Desert Conservation Area, of the Bureau of Land
    Management, comprising approximately five hundred and ninety acres
    as generally depicted on a map entitled 'Dinosaur Trackway Area of
    Critical Environmental Concern', dated July 1993. The Secretary [of
    the Interior] shall administer the area to preserve the
    paleontological resources within the area.
      "(b) Withdrawal. - Subject to valid existing rights, the Federal
    lands within and adjacent to the Dinosaur Trackway Area of Critical
    Environmental Concern, as generally depicted on a map entitled
    'Dinosaur Trackway Mineral Withdrawal Area', dated July 1993, are
    hereby withdrawn from all forms of entry, appropriation, or
    disposal under the public land laws; from location, entry, and
    patent under the United States mining laws; and from disposition
    under all laws pertaining to mineral and geothermal leasing, and
    mineral materials, and all amendments thereto."

-End-

-CITE-
    43 USC Sec. 1782                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-
    Sec. 1782. Bureau of Land Management Wilderness Study

-STATUTE-
    (a) Lands subject to review and designation as wilderness
      Within fifteen years after October 21, 1976, the Secretary shall
    review those roadless areas of five thousand acres or more and
    roadless islands of the public lands, identified during the
    inventory required by section 1711(a) of this title as having
    wilderness characteristics described in the Wilderness Act of
    September 3, 1964 (78 Stat. 890; 16 U.S.C. 1131 et seq.) and shall
    from time to time report to the President his recommendation as to
    the suitability or nonsuitability of each such area or island for
    preservation as wilderness: Provided, That prior to any
    recommendations for the designation of an area as wilderness the
    Secretary shall cause mineral surveys to be conducted by the United
    States Geological Survey and the United States Bureau of Mines to
    determine the mineral values, if any, that may be present in such
    areas: Provided further, That the Secretary shall report to the
    President by July 1, 1980, his recommendations on those areas which
    the Secretary has prior to November 1, 1975, formally identified as
    natural or primitive areas. The review required by this subsection
    shall be conducted in accordance with the procedure specified in
    section 3(d) of the Wilderness Act [16 U.S.C. 1132(d)].
    (b) Presidential recommendation for designation as wilderness
      The President shall advise the President of the Senate and the
    Speaker of the House of Representatives of his recommendations with
    respect to designation as wilderness of each such area, together
    with a map thereof and a definition of its boundaries. Such advice
    by the President shall be given within two years of the receipt of
    each report from the Secretary. A recommendation of the President
    for designation as wilderness shall become effective only if so
    provided by an Act of Congress.
    (c) Status of lands during period of review and determination
      During the period of review of such areas and until Congress has
    determined otherwise, the Secretary shall continue to manage such
    lands according to his authority under this Act and other
    applicable law in a manner so as not to impair the suitability of
    such areas for preservation as wilderness, subject, however, to the
    continuation of existing mining and grazing uses and mineral
    leasing in the manner and degree in which the same was being
    conducted on October 21, 1976: Provided, That, in managing the
    public lands the Secretary shall by regulation or otherwise take
    any action required to prevent unnecessary or undue degradation of
    the lands and their resources or to afford environmental
    protection. Unless previously withdrawn from appropriation under
    the mining laws, such lands shall continue to be subject to such
    appropriation during the period of review unless withdrawn by the
    Secretary under the procedures of section 1714 of this title for
    reasons other than preservation of their wilderness character. Once
    an area has been designated for preservation as wilderness, the
    provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] which
    apply to national forest wilderness areas shall apply with respect
    to the administration and use of such designated area, including
    mineral surveys required by section 4(d)(2) of the Wilderness Act
    [16 U.S.C. 1133(d)(2)], and mineral development, access, exchange
    of lands, and ingress and egress for mining claimants and
    occupants.

-SOURCE-
    (Pub. L. 94-579, title VI, Sec. 603, Oct. 21, 1976, 90 Stat. 2785;
    Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L.
    102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Wilderness Act of September 3, 1964, referred to in subsecs.
    (a) and (c), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as
    amended, which is classified generally to chapter 23 (Sec. 1131 et
    seq.) of Title 16, Conservation. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1131 of Title 16 and Tables.
      This Act, referred to in subsec. (c), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.
      The mining laws, referred to in subsec. (c), are classified
    generally to Title 30, Mineral Lands and Mining.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Geological Survey" substituted for "Geological
    Survey" in subsec. (a) pursuant to provision of title I of Pub. L.
    102-154, set out as a note under section 31 of this title.
      "United States Bureau of Mines" substituted for "Bureau of Mines"
    in subsec. (a) pursuant to section 10(b) of Pub. L. 102-285, set
    out as a note under section 1 of Title 30, Mineral Lands and
    Mining. For provisions relating to closure and transfer of
    functions of the United States Bureau of Mines, see note set out
    under section 1 of Title 30.
      Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-165; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That the
    authority granted to the United States Bureau of Mines to conduct
    mineral surveys and to determine mineral values by section 603 of
    Public Law 94-579 [43 U.S.C. 1782] is hereby transferred to, and
    vested in, the Director of the United States Geological Survey."

-End-

-CITE-
    43 USC Sec. 1783                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-
    Sec. 1783. Yaquina Head Outstanding Natural Area

-STATUTE-
    (a) Establishment
      In order to protect the unique scenic, scientific, educational,
    and recreational values of certain lands in and around Yaquina
    Head, in Lincoln County, Oregon, there is hereby established,
    subject to valid existing rights, the Yaquina Head Outstanding
    Natural Area (hereinafter referred to as the "area"). The
    boundaries of the area are those shown on the map entitled "Yaquina
    Head Area", dated July 1979, which shall be on file and available
    for public inspection in the Office of the Director, Bureau of Land
    Management, United States Department of the Interior, and the State
    Office of the Bureau of Land Management in the State of Oregon.
    (b) Administration by Secretary of the Interior; management plan;
      quarrying permits
      (1) The Secretary of the Interior (hereinafter referred to as the
    "Secretary") shall administer the Yaquina Head Outstanding Natural
    Area in accordance with the laws and regulations applicable to the
    public lands as defined in section 103(e) of the Federal Land
    Policy and Management Act of 1976, as amended (43 U.S.C. 1702) [43
    U.S.C. 1702(e)], in such a manner as will best provide for - 
        (A) the conservation and development of the scenic, natural,
      and historic values of the area;
        (B) the continued use of the area for purposes of education,
      scientific study, and public recreation which do not
      substantially impair the purposes for which the area is
      established; and
        (C) protection of the wildlife habitat of the area.

      (2) The Secretary shall develop a management plan for the area
    which accomplishes the purposes and is consistent with the
    provisions of this section. This plan shall be developed in
    accordance with the provisions of section 202 of the Federal Land
    Policy and Management Act of 1976, as amended (43 U.S.C. 1712).
      (3) Notwithstanding any other provision of this section, the
    Secretary is authorized to issue permits or to contract for the
    quarrying of materials from the area in accordance with the
    management plan for the area on condition that the lands be
    reclaimed and restored to the satisfaction of the Secretary. Such
    authorization to quarry shall require payment of fair market value
    for the materials to be quarried, as established by the Secretary,
    and shall also include any terms and conditions which the Secretary
    determines necessary to protect the values of such quarry lands for
    purposes of this section.
    (c) Revocation of 1866 reservation of lands for lighthouse
      purposes; restoration to public lands status
      The reservation of lands for lighthouse purposes made by
    Executive order of June 8, 1866, of certain lands totaling
    approximately 18.1 acres, as depicted on the map referred to in
    subsection (a) of this section, is hereby revoked. The lands
    referred to in subsection (a) of this section are hereby restored
    to the status of public lands as defined in section 103(e) of the
    Federal Land Policy and Management Act of 1976, as amended (43
    U.S.C. 1702) [43 U.S.C. 1702(e)], and shall be administered in
    accordance with the management plan for the area developed pursuant
    to subsection (b) of this section, except that such lands are
    hereby withdrawn from settlement, sale, location, or entry, under
    the public land laws, including the mining laws (30 U.S.C., ch. 2),
    leasing under the mineral leasing laws (30 U.S.C. 181 et seq.), and
    disposals under the Materials Act of July 31, 1947, as amended (30
    U.S.C. 601, 602) [43 U.S.C. 601 et seq.].
    (d) Acquisition of lands not already in Federal ownership
      The Secretary shall, as soon as possible but in no event later
    than twenty-four months following March 5, 1980, acquire by
    purchase, exchange, donation, or condemnation all or any part of
    the lands and waters and interests in lands and waters within the
    area referred to in subsection (a) of this section which are not in
    Federal ownership except that State land shall not be acquired by
    purchase or condemnation. Any lands or interests acquired by the
    Secretary pursuant to this section shall become public lands as
    defined in the Federal Land Policy and Management Act of 1976, as
    amended [43 U.S.C. 1701 et seq.]. Upon acquisition by the United
    States, such lands are automatically withdrawn under the provisions
    of subsection (c) of this section except that lands affected by
    quarrying operations in the area shall be subject to disposals
    under the Materials Act of July 31, 1947, as amended (30 U.S.C.
    601, 602) [30 U.S.C. 601 et seq.]. Any lands acquired pursuant to
    this subsection shall be administered in accordance with the
    management plan for the area developed pursuant to subsection (b)
    of this section.
    (e) Wind energy research
      The Secretary is authorized to conduct a study relating to the
    use of lands in the area for purposes of wind energy research. If
    the Secretary determines after such study that the conduct of wind
    energy research activity will not substantially impair the values
    of the lands in the area for purposes of this section, the
    Secretary is further authorized to issue permits for the use of
    such lands as a site for installation and field testing of an
    experimental wind turbine generating system. Any permit issued
    pursuant to this subsection shall contain such terms and conditions
    as the Secretary determines necessary to protect the values of such
    lands for purposes of this section.
    (f) Reclamation and restoration of lands affected by quarrying
      operations
      The Secretary shall develop and administer, in addition to any
    requirements imposed pursuant to subsection (b)(3) of this section,
    a program for the reclamation and restoration of all lands affected
    by quarrying operations in the area acquired pursuant to subsection
    (d) of this section. All revenues received by the United States in
    connection with quarrying operations authorized by subsection
    (b)(3) of this section shall be deposited in a separate fund
    account which shall be established by the Secretary of the
    Treasury. Such revenues are hereby authorized to be appropriated to
    the Secretary as needed for reclamation and restoration of any
    lands acquired pursuant to subsection (d) of this section. After
    completion of such reclamation and restoration to the satisfaction
    of the Secretary, any unexpended revenues in such fund shall be
    returned to the general fund of the United States Treasury.
    (g) Authorization of appropriations
      There are hereby authorized to be appropriated in addition to
    that authorized by subsection (f) of this section, such sums as may
    be necessary to carry out the provisions of this section.

-SOURCE-
    (Pub. L. 96-199, title I, Sec. 119, Mar. 5, 1980, 94 Stat. 71.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (c), are classified
    generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (c), are classified generally to Title 30, Mineral Lands
    and Mining.
      The Materials Act of July 31, 1947, as amended (30 U.S.C. 601,
    602), referred to in subsecs. (c) and (d), is act July 31, 1947,
    ch. 406, 61 Stat. 681, as amended, which is classified generally to
    subchapter I (Sec. 601 et seq.) of chapter 15 of Title 30. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 601 of Title 30 and Tables.
      The Federal Land Policy and Management Act of 1976, as amended,
    referred to in subsec. (d), is Pub. L. 94-579, Oct. 21, 1976, 90
    Stat. 2743, as amended, which is classified principally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 1701 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Federal Land Policy and
    Management Act of 1976 which comprises this chapter.

-End-

-CITE-
    43 USC Sec. 1784                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-
    Sec. 1784. Lands in Alaska; designation as wilderness; management
      by Bureau of Land Management pending Congressional action

-STATUTE-
      Notwithstanding any other provision of law, section 1782 of this
    title shall not apply to any lands in Alaska. However, in carrying
    out his duties under sections 1711 and 1712 of this title and other
    applicable laws, the Secretary may identify areas in Alaska which
    he determines are suitable as wilderness and may, from time to
    time, make recommendations to the Congress for inclusion of any
    such areas in the National Wilderness Preservation System, pursuant
    to the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.].
    In the absence of congressional action relating to any such
    recommendation of the Secretary, the Bureau of Land Management
    shall manage all such areas which are within its jurisdiction in
    accordance with the applicable land use plans and applicable
    provisions of law.

-SOURCE-
    (Pub. L. 96-487, title XIII, Sec. 1320, Dec. 2, 1980, 94 Stat.
    2487.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept.
    3, 1964, 78 Stat. 890, as amended, which is classified generally to
    chapter 23 (Sec. 1131 et seq.) of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1131 of Title 16 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Alaska National Interest Lands
    Conservation Act, and not as part of the Federal Land Policy and
    Management Act of 1976 which comprises this chapter.

-MISC1-
                  KENAI NATIVES ASSOCIATION LAND EXCHANGE              
      Pub. L. 104-333, div. I, title III, Sec. 311, Nov. 12, 1996, 110
    Stat. 4139, as amended by Pub. L. 106-176, title I, Sec. 105, Mar.
    10, 2000, 114 Stat. 25, provided that:
      "(a) Short Title. - This section may be cited as the 'Kenai
    Natives Association Equity Act Amendments of 1996'.
      "(b) Findings and Purpose. - 
        "(1) Findings. - The Congress finds the following:
          "(A) The United States Fish and Wildlife Service and Kenai
        Natives Association, Inc., have agreed to transfers of certain
        land rights, in and near the Kenai National Wildlife Refuge,
        negotiated as directed by Public Law 102-458 [106 Stat. 2267].
          "(B) The lands to be acquired by the Service are within the
        area impacted by the Exxon Valdez oil spill of 1989, and these
        lands included important habitat for various species of fish
        and wildlife for which significant injury resulting from the
        spill has been documented through the EVOS Trustee Council
        restoration process. This analysis has indicated that these
        lands generally have value for the restoration of such injured
        natural resources as pink salmon, dolly varden, bald eagles,
        river otters, and cultural and archaeological resources. This
        analysis has also indicated that these lands generally have
        high value for the restoration of injured species that rely on
        these natural resources, including wilderness quality,
        recreation, tourism, and subsistence.
          "(C) Restoration of the injured species will benefit from
        acquisition and the prevention of disturbances which may
        adversely affect their recovery.
          "(D) It is in the public interest to complete the conveyances
        provided for in this section.
        "(2) Purpose. - The purpose of this section is to authorize and
      direct the Secretary, at the election of KNA, to complete the
      conveyances provided for in this section.
      "(c) Definitions. - For purposes of this section, the term - 
        "(1) 'ANCSA' means the Alaska Native Claims Settlement Act of
      1971 (43 U.S.C. 1601 et seq.);
        "(2) 'ANILCA' means the Alaska National Interest Lands
      Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq. [see
      Short Title note set out under section 3101 of Title 16,
      Conservation]);
        "(3) 'conservation system unit' has the same meaning as in
      section 102(4) of ANILCA (16 U.S.C. 3102(4));
        "(4) 'CIRI' means the Cook Inlet Region, Inc., a Native
      Regional Corporation incorporated in the State of Alaska pursuant
      to the terms of ANCSA;
        "(5) 'EVOS' means the Exxon Valdez oil spill;
        "(6) 'KNA' means the Kenai Natives Association, Inc., an urban
      corporation incorporated in the State of Alaska pursuant to the
      terms of ANCSA;
        "(7) 'lands' means any lands, waters, or interests therein;
        "(8) 'Refuge' means the Kenai National Wildlife Refuge;
        "(9) 'Secretary' means the Secretary of the Interior;
        "(10) 'Service' means the United States Fish and Wildlife
      Service; and
        "(11) 'Terms and Conditions' means the Terms and Conditions for
      Land Consolidation and Management in the Cook Inlet Area, as
      clarified on August 31, 1976, ratified by section 12 of Public
      Law 94-204 (43 U.S.C. 1611 note).
      "(d) Acquisition of Lands. - 
        "(1) Offer to kna. - 
          "(A) In general. - Subject to the availability of the funds
        identified in paragraph (2)(C), no later than 90 days after the
        date of enactment of this section [Nov. 12, 1996], the
        Secretary shall offer to convey to KNA the interests in land
        and rights set forth in paragraph (2)(B), subject to valid
        existing rights, in return for the conveyance by KNA to the
        United States of the interests in land or relinquishment of
        ANCSA selections set forth in paragraph (2)(A). Payment for the
        lands conveyed to the United States by KNA is contingent upon
        KNA's acceptance of the entire conveyance outlined herein.
          "(B) Limitation. - The Secretary may not convey any lands or
        make payment to KNA under this section unless title to the
        lands to be conveyed by KNA under this section has been found
        by the United States to be sufficient in accordance with the
        provisions of section 355 of the Revised Statutes (40 U.S.C.
        255) [now 40 U.S.C. 3111, 3112].
        "(2) Acquisition lands. - 
          "(A) Lands to be conveyed to the united states. - The lands
        to be conveyed by KNA to the United States, or the valid
        selection rights under ANCSA to be relinquished, all situated
        within the boundary of the Refuge, are the following:
            "(i) The conveyance of approximately 803 acres located
          along and on islands within the Kenai River, known as the
          Stephanka Tract.
            "(ii) The conveyance of approximately 1,243 acres located
          along the Moose River, known as the Moose River Patented
          Lands Tract.
            "(iii) The relinquishment of KNA's selection known as the
          Moose River Selected Tract, containing approximately 753
          acres located along the Moose River.
            "(iv) The relinquishment of KNA's remaining ANCSA
          entitlement of approximately 454 acres.
            "(v) The relinquishment of all KNA's remaining
          overselections. Upon completion of all relinquishments
          outlined above, all KNA's entitlement shall be deemed to be
          extinguished and the completion of this acquisition will
          satisfy all of KNA's ANCSA entitlement.
            "(vi) The conveyance of an access easement providing the
          United States and its assigns access across KNA's surface
          estate in the SW 1/4  of section 21, T. 6 N., R. 9 W., Seward
          Meridian, Alaska.
            "(vii) The conveyance of approximately 100 acres within the
          Beaver Creek Patented Tract, which is contiguous to lands
          being retained by the United States contiguous to the Beaver
          Creek Patented Tract, in exchange for 280 acres of Service
          lands currently situated within the Beaver Creek Selected
          Tract.
          "(B) Lands to be conveyed to kna. - The rights provided or
        lands to be conveyed by the United States to KNA, are the
        following:
            "(i) The surface and subsurface estate to approximately 5
          acres, subject to reservations of easements for existing
          roads and utilities, located within the city of Kenai,
          Alaska, identified as United States Survey 1435, withdrawn by
          Executive Order 2943 and known as the old Fish and Wildlife
          Service Headquarters site.
            "(ii) The remaining subsurface estate held by the United
          States to approximately 13,651 acres, including portions of
          the Beaver Creek Patented Tract, the Beaver Creek Selected
          Tract, and portions of the Swanson River Road West Tract and
          the Swanson River Road East Tract, where the surface was
          previously or will be conveyed to KNA pursuant to this Act
          but excluding the SW 1/4  of section 21, T. 6 N., R. 9 W.,
          Seward Meridian, Alaska, which will be retained by the United
          States. The conveyance of these subsurface interests will be
          subject to the rights of CIRI to the coal, oil, gas, and to
          all rights CIRI, its successors, and assigns would have under
          paragraph 1(B) of the Terms and Conditions, including the
          right to sand and gravel, to construct facilities, to have
          rights-of-way, and to otherwise develop it subsurface
          interests.
            "(iii)(I) The nonexclusive right to use sand and gravel
          which is reasonably necessary for on-site development without
          compensation or permit on those portions of the Swanson River
          Road East Tract, comprising approximately 1,738.04 acres;
          where the entire subsurface of the land is presently owned by
          the United States. The United States shall retain the
          ownership of all other sand and gravel located within the
          subsurface and KNA shall not sell or dispose of such sand and
          gravel.
            "(II) The right to excavate within the subsurface estate as
          reasonably necessary for structures, utilities,
          transportation systems, and other development of the surface
          estate.
            "(iv) The nonexclusive right to excavate within the
          subsurface estate as reasonably necessary for structures,
          utilities, transportation systems, and other development of
          the surface estate on the SW 1/4 , section 21, T. 6 N., R. 9
          W., Seward Meridian, Alaska, where the entire subsurface of
          the land is owned by the United States and which public lands
          shall continue to be withdrawn from mining following their
          removal from the Refuge boundary under paragraph (3)(A)(ii).
          The United States shall retain the ownership of all other
          sand and gravel located within the subsurface of this parcel.
            "(v) The surface estate of approximately 280 acres known as
          the Beaver Creek Selected Tract. This tract shall be conveyed
          to KNA in exchange for lands conveyed to the United States as
          described in paragraph (2)(A)(ii).
          "(C) Payment. - The United States shall make a total cash
        payment to KNA for the above-described lands of $4,443,000,
        contingent upon the appropriate approvals of the Federal or
        State of Alaska EVOS Trustees (or both) necessary for any
        expenditure of the EVOS settlement funds.
          "(D) National register of historic places. - Upon completion
        of the acquisition authorized in paragraph (1), the Secretary
        shall, at no cost to KNA, in coordination with KNA, promptly
        undertake to nominate the Stephanka Tract to the National
        Register of Historic Places, in recognition of the
        archaeological artifacts from the original Dena'ina Settlement.
        If the Department of the Interior establishes a historical,
        cultural, or archaeological interpretive site, KNA shall have
        the exclusive right to operate a Dena'ina interpretive site on
        the Stephanka Tract under the regulations and policies of the
        department. If KNA declines to operate such a site, the
        department may do so under its existing authorities. Prior to
        the department undertaking any archaeological activities
        whatsoever on the Stephanka Tract, KNA shall be consulted.
        "(3) General provisions. - 
          "(A) Removal of kna lands from the national wildlife refuge
        system. - 
            "(i) Effective on the date of closing for the Acquisition
          Lands identified in paragraph (2)(B), all lands retained by
          or conveyed to KNA pursuant to this section, and the
          subsurface interests of CIRI underlying such lands shall be
          automatically removed from the National Wildlife Refuge
          System and shall neither be considered as part of the Refuge
          nor subject to any laws pertaining solely to lands within the
          boundaries of the Refuge. The conveyance restrictions imposed
          by section 22(g) of ANCSA [43 U.S.C. 1621(g)] (i) shall then
          be ineffective and cease to apply to such interests of KNA
          and CIRI, and (ii) shall not be applicable to the interests
          received by KNA in accordance with paragraph (2)(B) or to the
          CIRI interests underlying them. The Secretary shall adjust
          the boundaries of the Refuge so as to exclude all interests
          in lands retained or received in exchange by KNA in
          accordance with this section, including both surface and
          subsurface, and shall also exclude all interests currently
          held by CIRI. On lands within the Swanson River Road East
          Tract, the boundary adjustment shall only include the surface
          estate where the subsurface estate is retained by the United
          States.
            "(ii)(I) The Secretary, KNA, and CIRI shall execute an
          agreement within 45 days of the date of enactment of this
          section [Nov. 12, 1996] which preserves CIRI's rights under
          paragraph 1(B)(1) of the Terms and Conditions, addresses
          CIRI's obligations under such paragraph, and adequately
          addresses management issues associated with the boundary
          adjustment set forth in this section and with the differing
          interests in land resulting from enactment of this section.
            "(II) In the event that no agreement is executed as
          provided for in subclause (I), solely for the purposes of
          administering CIRI's rights under paragraph 1(B)(1) of the
          Terms and Conditions, the Secretary and CIRI shall be deemed
          to have retained their respective rights and obligations with
          respect to CIRI's subsurface interests under the requirements
          of the Terms and Conditions in effect on June 18, 1996.
          Notwithstanding the boundary adjustments made pursuant to
          this section, conveyances to KNA shall be deemed to remain
          subject to the Secretary's and CIRI's rights and obligations
          under paragraph 1(B)(1) of the Terms and Conditions.
            "(iii) The Secretary is authorized to acquire by purchase
          or exchange, on a willing seller basis only, any lands
          retained by or conveyed to KNA. In the event that any lands
          owned by KNA are subsequently acquired by the United States,
          they shall be automatically included in the Refuge System.
          The laws and regulations applicable to Refuge lands shall
          then apply to these lands and the Secretary shall then adjust
          the boundaries accordingly.
            "(iv) Nothing in this section is intended to enlarge or
          diminish the authorities, rights, duties, obligations, or the
          property rights held by CIRI under the Terms and Conditions,
          or otherwise except as set forth in this section. In the
          event of the purchase by the United States of any lands from
          KNA in accordance with subparagraph (A)(ii), the United
          States shall reassume from KNA the rights it previously held
          under the Terms and Conditions and the provisions in any
          patent implementing section 22(g) of ANCSA [43 U.S.C.
          1621(g)] will again apply.
            "(v) By virtue of implementation of this section, CIRI is
          deemed entitled to 1,207 acres of in-lieu subsurface
          entitlement under section 12(a)(1) of ANCSA [43 U.S.C.
          1611(a)(1)]. Such entitlement shall be fulfilled in
          accordance with paragraph 1(B)(2)(A) of the Terms and
          Conditions.
          "(B) Maps and legal descriptions. - Maps and a legal
        description of the lands described above shall be on file and
        available for public inspection in the appropriate offices of
        the United States Department of the Interior, and the Secretary
        shall, no later than 90 days after enactment of this section,
        prepare a legal description of the lands described in paragraph
        (2)(A)(vii). Such maps and legal description shall have the
        same force and effect as if included in the section, except
        that the Secretary may correct clerical and typographical
        errors.
          "(C) Acceptance. - KNA may accept the offer made in this
        section by notifying the Secretary in writing of its decision
        within 180 days of receipt of the offer. In the event the offer
        is rejected, the Secretary shall notify the Committee on
        Resources of the House of Representatives and the Committee on
        Energy and Natural Resources and the Committee on Environment
        and Public Works of the Senate.
          "(D) Final maps. - Not later than 120 days after the
        conclusion of the acquisition authorized by paragraph (1), the
        Secretary shall transmit a final report and maps accurately
        depicting the lands transferred and conveyed pursuant to this
        section and the acreage and legal descriptions of such lands to
        the Committee on Resources of the House of Representatives and
        the Committee on Energy and Natural Resources and the Committee
        on Environment and Public Works of the Senate.
      "(e) Adjustments to National Wilderness System. - Upon
    acquisition of lands by the United States pursuant to subsection
    (d)(2)(A), that portion of the Stephanka Tract lying south and west
    of the Kenai River, consisting of approximately 592 acres, shall be
    included in and managed as part of the Kenai Wilderness and such
    lands shall be managed in accordance with the applicable provisions
    of the Wilderness Act and ANILCA.
      "(f) Designation of Lake Todatonten Special Management Area. - 
        "(1) Purpose. - To balance the potential effects on fish,
      wildlife, and habitat of the removal of KNA lands from the Refuge
      System, the Secretary is hereby directed to withdraw, subject to
      valid existing rights, from location, entry, and patent under the
      mining laws and to create as a special management unit for the
      protection of fish, wildlife, and habitat, certain unappropriated
      and unreserved public lands, totaling approximately 37,000 acres
      adjacent to the west boundary of the Kanuti National Wildlife
      Refuge to be known as the 'Lake Todatonten Special Management
      Area', as depicted on the map entitled 'Proposed: Lake Todatonten
      Special Management Area', dated June 13, 1996, and to be managed
      by the Bureau of Land Management.
        "(2) Management. - 
          "(A) Such designation is subject to all valid existing rights
        as well as the subsistence preferences provided under title
        VIII of ANILCA [16 U.S.C. 3111 et seq.]. Any lands conveyed to
        the State of Alaska shall be removed from the Lake Todatonten
        Special Management Area.
          "(B) The Secretary may permit any additional uses of the
        area, or grant easements, only to the extent that such use,
        including leasing under the mineral leasing laws, is determined
        to not detract from nor materially interfere with the purposes
        for which the Special Management Area is established.
          "(C)(i) The BLM shall establish the Lake Todatonten Special
        Management Area Committee. The membership of the Committee
        shall consist of 11 members as follows:
            "(I) Two residents each from the villages of Alatna,
          Allakaket, Hughes, and Tanana.
            "(II) One representative from each of Doyon Corporation,
          the Tanana Chiefs Conference, and the State of Alaska.
          "(ii) Members of the Committee shall serve without pay.
          "(iii) The BLM shall hold meetings of the Lake Todatonten
        Special Management Area Committee at least once per year to
        discuss management issues within the Special Management Area.
        The BLM shall not allow any new type of activity in the Special
        Management Area without first conferring with the Committee in
        a timely manner.
        "(3) Access. - The Secretary shall allow the following:
          "(A) Private access for any purpose, including economic
        development, to lands within the boundaries of the Special
        Management Area which are owned by third parties or are held in
        trust by the Secretary for third parties pursuant to the Alaska
        Native Allotment Act (25 U.S.C. 336). Such rights may be
        subject to restrictions issued by the BLM to protect
        subsistence uses of the Special Management Area.
          "(B) Existing public access across the Special Management
        Area. Section 1110(a) of ANILCA [16 U.S.C. 3170(a)] shall apply
        to the Special Management Area.
        "(4) Secretarial order and maps. - The Secretary shall file
      with the Committee on Resources of the House of Representatives
      and the Committee on Energy and Natural Resources and the
      Committee on Environment and Public Works of the Senate, the
      Secretarial Order and maps setting forth the boundaries of the
      Area within 90 days of the completion of the acquisition
      authorized by this section. Once established, this Order may only
      be amended or revoked by Act of Congress.
        "(5) Authorization of appropriations. - There are authorized to
      be appropriated such sums as may be necessary to carry out the
      purposes of this section."

-End-

-CITE-
    43 USC Sec. 1785                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-
    Sec. 1785. Fossil Forest Research Natural Area

-STATUTE-
    (a) Establishment
      To conserve and protect natural values and to provide scientific
    knowledge, education, and interpretation for the benefit of future
    generations, there is established the Fossil Forest Research
    Natural Area (referred to in this section as the "Area"),
    consisting of the approximately 2,770 acres in the Farmington
    District of the Bureau of Land Management, New Mexico, as generally
    depicted on a map entitled "Fossil Forest", dated June 1983.
    (b) Map and legal description
      (1) In general
        As soon as practicable after November 12, 1996, the Secretary
      of the Interior shall file a map and legal description of the
      Area with the Committee on Energy and Natural Resources of the
      Senate and the Committee on Resources of the House of
      Representatives.
      (2) Force and effect
        The map and legal description described in paragraph (1) shall
      have the same force and effect as if included in this Act.
      (3) Technical corrections
        The Secretary of the Interior may correct clerical,
      typographical, and cartographical errors in the map and legal
      description subsequent to filing the map pursuant to paragraph
      (1).
      (4) Public inspection
        The map and legal description shall be on file and available
      for public inspection in the Office of the Director of the Bureau
      of Land Management, Department of the Interior.
    (c) Management
      (1) In general
        The Secretary of the Interior, acting through the Director of
      the Bureau of Land Management, shall manage the Area - 
          (A) to protect the resources within the Area; and
          (B) in accordance with this Act, the Federal Land Policy and
        Management Act of 1976 (43 U.S.C. 1701 et seq.), and other
        applicable provisions of law.
      (2) Mining
        (A) Withdrawal
          Subject to valid existing rights, the lands within the Area
        are withdrawn from all forms of appropriation under the mining
        laws and from disposition under all laws pertaining to mineral
        leasing, geothermal leasing, and mineral material sales.
        (B) Coal preference rights
          The Secretary of the Interior is authorized to issue coal
        leases in New Mexico in exchange for any preference right coal
        lease application within the Area. Such exchanges shall be made
        in accordance with applicable existing laws and regulations
        relating to coal leases after a determination has been made by
        the Secretary that the applicant is entitled to a preference
        right lease and that the exchange is in the public interest.
        (C) Oil and gas leases
          Operations on oil and gas leases issued prior to November 12,
        1996, shall be subject to the applicable provisions of Group
        3100 of title 43, Code of Federal Regulations (including
        section 3162.5-1), and such other terms, stipulations, and
        conditions as the Secretary of the Interior considers necessary
        to avoid significant disturbance of the land surface or
        impairment of the natural, educational, and scientific research
        values of the Area in existence on November 12, 1996.
      (3) Grazing
        Livestock grazing on lands within the Area may not be
      permitted.
    (d) Inventory
      Not later than 3 full fiscal years after November 12, 1996, the
    Secretary of the Interior, acting through the Director of the
    Bureau of Land Management, shall develop a baseline inventory of
    all categories of fossil resources within the Area. After the
    inventory is developed, the Secretary shall conduct monitoring
    surveys at intervals specified in the management plan developed for
    the Area in accordance with subsection (e) of this section.
    (e) Management plan
      (1) In general
        Not later than 5 years after November 12, 1996, the Secretary
      of the Interior shall develop and submit to the Committee on
      Energy and Natural Resources of the Senate and the Committee on
      Resources of the House of Representatives a management plan that
      describes the appropriate use of the Area consistent with this
      subsection.
      (2) Contents
        The management plan shall include - 
          (A) a plan for the implementation of a continuing cooperative
        program with other agencies and groups for - 
            (i) laboratory and field interpretation; and
            (ii) public education about the resources and values of the
          Area (including vertebrate fossils);

          (B) provisions for vehicle management that are consistent
        with the purpose of the Area and that provide for the use of
        vehicles to the minimum extent necessary to accomplish an
        individual scientific project;
          (C) procedures for the excavation and collection of fossil
        remains, including botanical fossils, and the use of motorized
        and mechanical equipment to the minimum extent necessary to
        accomplish an individual scientific project; and
          (D) mitigation and reclamation standards for activities that
        disturb the surface to the detriment of scenic and
        environmental values.

-SOURCE-
    (Pub. L. 98-603, title I, Sec. 103, Oct. 30, 1984, 98 Stat. 3156;
    Pub. L. 104-333, div. I, title X, Sec. 1022(e), Nov. 12, 1996, 110
    Stat. 4213; Pub. L. 106-176, title I, Sec. 124, Mar. 10, 2000, 114
    Stat. 30.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is Pub.
    L. 98-603, Oct. 30, 1984, 98 Stat. 3155, as amended, known as the
    San Juan Basin Wilderness Protection Act of 1984. For complete
    classification of this Act to the Code, see Tables.
      The Federal Land Policy and Management Act of 1976, as amended,
    referred to in subsec. (c)(1)(B), is Pub. L. 94-579, Oct. 21, 1976,
    90 Stat. 2743, as amended, which is classified principally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 1701 of this title and
    Tables.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (c)(2)(A), are classified generally to Title 30, Mineral
    Lands and Mining.
      Geothermal leasing laws, referred to in subsec. (c)(2)(A), are
    classified principally to chapter 23 (Sec. 1001 et seq.) of Title
    30.

-COD-
                               CODIFICATION                           
      November 12, 1996, referred to in subsec. (e)(1), was in the
    original "the date of enactment of this Act", which was translated
    as meaning the date of enactment of Pub. L. 104-333, which amended
    this section generally, to reflect the probable intent of Congress.
      Section was enacted as part of the San Juan Basin Wilderness
    Protection Act of 1984, and not as part of the Federal Land Policy
    and Management Act of 1976 which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (b)(1). Pub. L. 106-176, Sec. 124(1), substituted
    "Committee on Resources" for "Committee on Natural Resources".
      Subsec. (e)(1). Pub. L. 106-176, Sec. 124(2), which directed
    amendment of par. (1) by substituting "this subsection" for "this
    Act", was executed by making the substitution following "consistent
    with", to reflect the probable intent of Congress.
      Pub. L. 106-176, Sec. 124(1), substituted 'Committee on
    Resources" for "Committee on Natural Resources".
      1996 - Pub. L. 104-333 amended section generally. Prior to
    amendment, section read as follows:
      "(a) In recognition of its paramount aesthetic, natural,
    scientific, educational, and paleontological values, the
    approximately two thousand seven hundred and twenty acre area in
    the Albuquerque District of the Bureau of Land Management, New
    Mexico, known as the 'Fossil Forest', as generally depicted on a
    map entitled 'Fossil Forest', dated June 1983, is hereby withdrawn,
    subject to valid existing rights, from all forms of appropriation
    under the mining laws and from disposition under all laws
    pertaining to mineral leasing and geothermal leasing and all
    amendments thereto. The Secretary of the Interior shall administer
    the area in accordance with the Federal Land Policy and Management
    Act and shall take such measures as are necessary to ensure that no
    activities are permitted within the area which would significantly
    disturb the land surface or impair the area's existing natural,
    educational, and scientific research values, including
    paleontological study, excavation, and interpretation.
      "(b) Within one year of October 30, 1984, the Secretary of the
    Interior shall promulgate rules and regulations for the
    administration of the Fossil Forest area referred to in subsection
    (a) of this section in accordance with the provisions of this Act
    and shall file a copy of such rules and regulations with the
    Committee on Interior and Insular Affairs of the United States
    House of Representatives and the Committee on Energy and Natural
    Resources of the United States Senate.
      "(c) The Bureau of Land Management is hereby directed to conduct
    a long-range study of the Fossil Forest to determine how best to
    manage the area's resource values identified in subsection (a) of
    this section. Within eight years of October 30, 1984, the Secretary
    shall forward the study results and management plan for the area to
    Congress. During the study period and until Congress determines
    otherwise, the Fossil Forest area shall be managed under the
    provisions of this Act."

-End-

-CITE-
    43 USC CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE
           MANAGEMENT                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

-HEAD-
         CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT     

-MISC1-
    Sec.                                                     
    1801.       Congressional findings.                               
    1802.       Congressional declaration of purposes.                

             SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND         
    1811 to 1824. Repealed.                                           

               SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND           
    1841.       Definitions.                                          
    1842.       Fishermen's Contingency Fund.                         
                  (a)  Establishment; availability; source of
                        deposits; limitation on amount;
                        interest-bearing accounts; litigation.        
                  (b)  Payments by each holder of lease, permit,
                        easement, or right-of-way.                    
    1843.       Duties and powers of Secretary.                       
                  (a)  Prescription and amendment of regulations
                        respecting settlement of claims;
                        identification classification of potential
                        hazards to commercial fishing.                
                  (b)  Establishment of regulations respecting color
                        coding, stamping, or labeling of equipment,
                        tools, etc., used on Outer Continental Shelf. 
                  (c)  Disbursement of payments to compensate
                        commercial fishermen; restrictions.           
    1844.       Burden of proof.                                      
    1845.       Claims procedure.                                     
                  (a)  Filing requirement; time to file.              
                  (b)  Transmittal of copy of claim to Secretary of
                        the Interior; reference to Secretary.         
                  (c)  Notification to persons engaged in activities
                        associated with Outer Continental Shelf energy
                        activities; response of persons notified;
                        submittal of evidence.                        
                  (d)  Acceptance of claim by Secretary; time to
                        render decision; review of initial
                        determination.                                
                  (e)  Claim preparation fees; attorney's fees.       
                  (f)  Powers of Secretary.                           
                  (g)  Place of proceeding.                           
                  (h)  Certification and disbursement of award;
                        subrogation of rights; payment of costs of
                        proceedings.                                  
                  (i)  Judicial review.                               
    1846, 1847. Repealed.                                             

                 SUBCHAPTER III - MISCELLANEOUS PROVISIONS             
    1861.       Repealed.                                             
    1862.       Natural gas distribution.                             
                  (a)  Expanded participation by local distribution
                        companies in acquisition of leases and
                        development of natural gas resources.         
                  (b)  Application and issuance of certificates of
                        public convenience and necessity for
                        transportation of natural gas.                
                  (c)  Definitions.                                   
    1863.       Unlawful employment practices; regulations.           
    1864.       Disclosure of financial interests by officers and
                 employees of Department of the Interior.             
                  (a)  Annual written statement.                      
                  (b)  "Known financial interest" defined;
                        enforcement; report to Congress.              
                  (c)  Officers and employees in nonregulatory or
                        nonpolicymaking positions.                    
                  (d)  Penalties.                                     
    1865.       Investigation of reserves of oil and gas in Outer
                 Continental Shelf.                                   
    1866.       Relationship to existing law.                         

-End-

-CITE-
    43 USC Sec. 1801                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

-HEAD-
    Sec. 1801. Congressional findings

-STATUTE-
      The Congress finds and declares that - 
        (1) the demand for energy in the United States is increasing
      and will continue to increase for the foreseeable future;
        (2) domestic production of oil and gas has declined in recent
      years;
        (3) the United States has become increasingly dependent upon
      imports of oil from foreign nations to meet domestic energy
      demand;
        (4) increasing reliance on imported oil is not inevitable, but
      is rather subject to significant reduction by increasing the
      development of domestic sources of energy supply;
        (5) consumption of natural gas in the United States has greatly
      exceeded additions to domestic reserves in recent years;
        (6) technology is or can be made available which will allow
      significantly increased domestic production of oil and gas
      without undue harm or damage to the environment;
        (7) the Outer Continental Shelf contains significant quantities
      of oil and natural gas and is a vital national resource reserve
      which must be carefully managed so as to realize fair value, to
      preserve and maintain competition, and to reflect the public
      interest;
        (8) there presently exists a variety of technological,
      economic, environmental, administrative, and legal problems which
      tend to retard the development of the oil and natural gas
      reserves of the Outer Continental Shelf;
        (9) environmental and safety regulations relating to activities
      on the Outer Continental Shelf should be reviewed in light of
      current technology and information;
        (10) the development, processing, and distribution of the oil
      and gas resources of the Outer Continental Shelf, and the siting
      of related energy facilities, may cause adverse impacts on
      various States and local governments;
        (11) policies, plans, and programs developed by States and
      local governments in response to activities on the Outer
      Continental Shelf cannot anticipate and ameliorate such adverse
      impacts unless such States, working in close cooperation with
      affected local governments, are provided with timely access to
      information regarding activities on the Outer Continental Shelf
      and an opportunity to review and comment on decisions relating to
      such activities;
        (12) funds must be made available to pay for the prompt removal
      of any oil spilled or discharged as a result of activities on the
      Outer Continental Shelf and for any damages to public or private
      interests caused by such spills or discharges;
        (13) because of the possible conflicts between exploitation of
      the oil and gas resources in the Outer Continental Shelf and
      other uses of the marine environment, including fish and
      shellfish growth and recovery, and recreational activity, the
      Federal Government must assume responsibility for the
      minimization or elimination of any conflict associated with such
      exploitation;
        (14) the oil and gas resources of the Outer Continental Shelf
      are limited, nonrenewable resources which must be developed in a
      manner which takes into consideration the Nation's long-range
      energy needs and also assures adequate protection of the
      renewable resources of the Outer Continental Shelf which are a
      continuing and increasingly important source of food and protein
      to the Nation and the world; and
        (15) funds must be made available to pay for damage to
      commercial fishing vessels and gear resulting from activities
      involving oil and gas exploration, development, and production on
      the Outer Continental Shelf.

-SOURCE-
    (Pub. L. 95-372, title I, Sec. 101, Sept. 18, 1978, 92 Stat. 630.)

-MISC1-
                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-610, title I, Sec. 1, Nov. 5, 1988, 102 Stat. 3176,
    provided that: "This Act [probably should be 'This title', which
    amended section 1815 of this title] may be cited as the 'Outer
    Continental Shelf Operations Indemnification Clarification Act of
    1988'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-372 provided: "That this Act [enacting
    this chapter, sections 1344 to 1356 of this title, and section 237
    of Title 30, Mineral Lands and Mining, amending sections 1331 to
    1334, 1337, 1340, and 1343 of this title, sections 1456, 1456a, and
    1464 of Title 16, Conservation, and section 6213 of Title 42, The
    Public Health and Welfare, and enacting provisions set out as notes
    under sections 1348 and 1811 of this title] may be cited as the
    'Outer Continental Shelf Lands Act Amendments of 1978'."

-End-

-CITE-
    43 USC Sec. 1802                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT

-HEAD-
    Sec. 1802. Congressional declaration of purposes

-STATUTE-
      The purposes of this chapter are to - 
        (1) establish policies and procedures for managing the oil and
      natural gas resources of the Outer Continental Shelf which are
      intended to result in expedited exploration and development of
      the Outer Continental Shelf in order to achieve national economic
      and energy policy goals, assure national security, reduce
      dependence on foreign sources, and maintain a favorable balance
      of payments in world trade;
        (2) preserve, protect, and develop oil and natural gas
      resources in the Outer Continental Shelf in a manner which is
      consistent with the need (A) to make such resources available to
      meet the Nation's energy needs as rapidly as possible, (B) to
      balance orderly energy resource development with protection of
      the human, marine, and coastal environments, (C) to insure the
      public a fair and equitable return on the resources of the Outer
      Continental Shelf, and (D) to preserve and maintain free
      enterprise competition;
        (3) encourage development of new and improved technology for
      energy resource production which will eliminate or minimize risk
      of damage to the human, marine, and coastal environments;
        (4) provide States, and through States, local governments,
      which are impacted by Outer Continental Shelf oil and gas
      exploration, development, and production with comprehensive
      assistance in order to anticipate and plan for such impact, and
      thereby to assure adequate protection of the human environment;
        (5) assure that States, and through States, local governments,
      have timely access to information regarding activities on the
      Outer Continental Shelf, and opportunity to review and comment on
      decisions relating to such activities, in order to anticipate,
      ameliorate, and plan for the impacts of such activities;
        (6) assure that States, and through States, local governments,
      which are directly affected by exploration, development, and
      production of oil and natural gas are provided an opportunity to
      participate in policy and planning decisions relating to
      management of the resources of the Outer Continental Shelf;
        (7) minimize or eliminate conflicts between the exploration,
      development, and production of oil and natural gas, and the
      recovery of other resources such as fish and shellfish;
        (8) establish an oilspill liability fund to pay for the prompt
      removal of any oil spilled or discharged as a result of
      activities on the Outer Continental Shelf and for any damages to
      public or private interests caused by such spills or discharges;
        (9) insure that the extent of oil and natural gas resources of
      the Outer Continental Shelf is assessed at the earliest
      practicable time; and
        (10) establish a fishermen's contingency fund to pay for
      damages to commercial fishing vessels and gear due to Outer
      Continental Shelf activities.

-SOURCE-
    (Pub. L. 95-372, title I, Sec. 102, Sept. 18, 1978, 92 Stat. 631.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in opening provision, was in the
    original "this Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92
    Stat. 629, known as the Outer Continental Shelf Lands Act
    Amendments of 1978, which enacted this chapter, sections 1344 to
    1356 of this title, and section 237 of Title 30, Mineral Lands and
    Mining, amended sections 1331 to 1334, 1337, 1340, and 1343 of this
    title, sections 1456, 1456a, and 1464 of Title 16, Conservation,
    and section 6213 of Title 42, The Public Health and Welfare, and
    enacted provisions set out as notes under sections 1348 and 1811 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1801 of this title and
    Tables.

-End-

-CITE-
    43 USC SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND     01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND

-HEAD-
             SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND         

-End-

-CITE-
    43 USC Secs. 1811 to 1824                                   01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER I - OFFSHORE OIL SPILL POLLUTION FUND

-HEAD-
    Secs. 1811 to 1824. Repealed. Pub. L. 101-380, title II, Sec. 2004,
      Aug. 18, 1990, 104 Stat. 507

-MISC1-
      Section 1811, Pub. L. 95-372, title III, Sec. 301, Sept. 18,
    1978, 92 Stat. 670, defined terms used in this subchapter.
      Section 1812, Pub. L. 95-372, title III, Sec. 302, Sept. 18,
    1978, 92 Stat. 672; Pub. L. 101-239, title IX, Sec. 9001(a), Dec.
    19, 1989, 103 Stat. 2470, established Offshore Oil Pollution
    Compensation Fund.
      Section 1813, Pub. L. 95-372, title III, Sec. 303, Sept. 18,
    1978, 92 Stat. 674, provided for asserting claims for economic loss
    from oil pollution.
      Section 1814, Pub. L. 95-372, title III, Sec. 304, Sept. 18,
    1978, 92 Stat. 675, set scope of liability of owners and operators
    of vessels and offshore facilities.
      Section 1815, Pub. L. 95-372, title III, Sec. 305, Sept. 18,
    1978, 92 Stat. 677; Pub. L. 100-610, title I, Secs. 2, 3, Nov. 5,
    1988, 102 Stat. 3176, required owners and operators of offshore
    facilities and vessels using offshore facilities to provide
    evidence of financial responsibility to cover liability for oil
    pollution.
      Section 1816, Pub. L. 95-372, title III, Sec. 306, Sept. 18,
    1978, 92 Stat. 678, provided for notification, designation, and
    advertisement of incidents involving vessels or offshore
    facilities.
      Section 1817, Pub. L. 95-372, title III, Sec. 307, Sept. 18,
    1978, 92 Stat. 679, related to presentment of claims to owners,
    operators, guarantors, or Offshore Oil Pollution Compensation Fund.
      Section 1818, Pub. L. 95-372, title III, Sec. 308, Sept. 18,
    1978, 92 Stat. 682, provided for subrogation of any person or
    governmental entity which paid compensation for an economic loss to
    all rights, claims, and causes of action which claimant had under
    this subchapter.
      Section 1819, Pub. L. 95-372, title III, Sec. 309, Sept. 18,
    1978, 92 Stat. 683, provided for jurisdiction and venue of
    controversies arising under this subchapter.
      Section 1820, Pub. L. 95-372, title III, Sec. 310, Sept. 18,
    1978, 92 Stat. 684, outlined relationship of this subchapter to
    other State or Federal laws.
      Section 1821, Pub. L. 95-372, title III, Sec. 311, Sept. 18,
    1978, 92 Stat. 684, prohibited harmful discharge of oil from any
    offshore facility or vessel.
      Section 1822, Pub. L. 95-372, title III, Sec. 312, Sept. 18,
    1978, 92 Stat. 684, set civil and criminal penalties for violations
    of provisions of this subchapter.
      Section 1823, Pub. L. 95-372, title III, Sec. 313, Sept. 18,
    1978, 92 Stat. 685, authorized appropriations for administration of
    this subchapter.
      Section 1824, Pub. L. 95-372, title III, Sec. 314, Sept. 18,
    1978, 92 Stat. 685, directed Secretary of Transportation to submit
    report annually to Congress on operation of this subchapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable to incidents occurring after Aug. 18, 1990, see
    section 1020 of Pub. L. 101-380, set out as an Effective Date note
    under section 2701 of Title 33, Navigation and Navigable Waters.

                              EFFECTIVE DATE                          
      Pub. L. 95-372, title III, Sec. 315, Sept. 18, 1978, 92 Stat.
    685, which provided that such section, section 1814(e) of this
    title, section 1815(d) of this title, and all provisions of this
    subchapter authorizing the delegation of authority or the
    promulgation of regulations were to be effective Sept. 18, 1978,
    and that all other provisions of this subchapter, and rules and
    regulations promulgated pursuant to such provisions, were to be
    effective on the one hundred and eightieth day after Sept. 18,
    1978, was repealed by Pub. L. 101-380, title II, Sec. 2004, Aug.
    18, 1990, 104 Stat. 507.

                 OFFSHORE OIL POLLUTION COMPENSATION FUND             
      Amounts remaining in the Offshore Oil Pollution Compensation Fund
    established under former section 1812 of this title to be deposited
    in the Oil Spill Liability Trust Fund established under section
    9509 of Title 26, Internal Revenue Code, with that Fund to assume
    all liability incurred by the Offshore Oil Pollution Compensation
    Fund, see section 2004 of Pub. L. 101-380, set out as a note under
    section 9509 of Title 26.

-End-

-CITE-
    43 USC SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
               SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND           

-End-

-CITE-
    43 USC Sec. 1841                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
    Sec. 1841. Definitions

-STATUTE-
      As used in this subchapter, the term - 
        (1) "area affected by Outer Continental Shelf activities" means
      any geographic area:
          (A) which is under oil or gas lease on the Outer Continental
        Shelf;
          (B) where Outer Continental Shelf exploration, development or
        production activities have been permitted, except geophysical
        activities;
          (C) where pipeline rights-of-way have been granted; or
          (D) otherwise impacted by such activities including but not
        limited to expired lease areas, relinquished rights-of-way and
        easements, Outer Continental Shelf supply vessel routes, or
        other areas as determined by the Secretary;

        (2) "citizen of the United States" means any person who is a
      United States citizen by law, birth, or naturalization, any
      State, any agency of a State, or a group of States, or any
      corporation, partnership, or association organized under the laws
      of any State which has as its president or other chief executive
      officer and as its chairman of the board of directors, or holder
      of a similar office, a person who is a United States citizen by
      law, birth, or naturalization, and which has at least 75 per
      centum of the interest of (!1) therein owned by citizens of the
      United States. Seventy-five per centum of the interest in the
      corporation shall not be deemed to be owned by citizens of the
      United States - 

          (A) if the title to 75 per centum of its stock is not vested
        in such citizens free from any trust or fiduciary obligation in
        favor of any person not a citizen of the United States;
          (B) if 75 per centum of the voting power in such corporation
        is not vested in citizens of the United States;
          (C) if through any contract or understanding it is so
        arranged that more than 25 per centum of the voting power may
        be exercised, directly or indirectly, in behalf of any person
        who is not a citizen of the United States; or
          (D) if by any other means whatsoever control of any interest
        in the corporation in excess of 25 per centum is conferred upon
        or permitted to be exercised by any person who is not a citizen
        of the United States;

        (3) "commercial fisherman" means any citizen of the United
      States who owns, operates, or derives income from being employed
      on a commercial fishing vessel;
        (4) "commercial fishing vessel" means any vessel, boat, ship,
      or other craft which is (A) documented under the laws of the
      United States or, if under five net tons, registered under the
      laws of any State, and (B) used for, equipped to be used for, or
      of a type which is normally used for commercial purposes for the
      catching, taking, or harvesting of fish or the aiding or
      assisting of any activity related to the catching, taking, or
      harvesting of fish, including, but not limited to, preparation,
      supply, storage, refrigeration, transportation, or processing;
        (5) "fish" means finfish, mollusks, crustaceans, and all other
      forms of marine animal and plant life other than marine mammals,
      birds, and highly migratory species;
        (6) "fishing gear" means (A) any commercial fishing vessel, and
      (B) any equipment of such vessel, whether or not attached to such
      a vessel;
        (7) "Fund" means the Fishermen's Contingency Fund established
      under section 1842 of this title; and
        (8) "Secretary" means the Secretary of Commerce or the designee
      of such Secretary.

-SOURCE-
    (Pub. L. 95-372, title IV, Sec. 401, Sept. 18, 1978, 92 Stat. 685;
    Pub. L. 97-212, Secs. 1, 8, June 30, 1982, 96 Stat. 143, 147.)

-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-212 added par. (1), redesignated former pars.
    (1) to (7) as (2) to (8), respectively, and struck out "at sea"
    after "the aiding or assisting" in par. (4)(B) as redesignated.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 9 of Pub. L. 97-212 provided that:
      "(a) Except as provided for in subsection (b), the amendments
    made by this Act [amending this section and sections 1842 to 1845
    of this title, repealing section 1847 of this title, enacting a
    provision set out as a note under section 1823 of Title 16,
    Conservation, and amending a provision set out as a note under
    section 1823 of Title 16] shall apply with respect to claims for
    damages that are filed, on or after the date of the enactment of
    this Act [June 30, 1982], with the Secretary of Commerce under
    section 405(a) of the Outer Continental Shelf Lands Act Amendments
    of 1978 [section 1845(a) of this title].
      "(b)(1) Any commercial fisherman who filed a claim with the
    Secretary of Commerce for compensation under title IV of such
    amendments of 1978 [this subchapter] before the date of the
    enactment of this Act [June 30, 1982] may, if no decision on such
    claim was rendered under section 405(d) of such title IV [section
    1845(d) of this title] before such date of enactment [June 30,
    1982], refile such claim with the Secretary if the claimant
    notifies the Secretary in writing within thirty days after
    notification under paragraph (2) of his eligibility to refile the
    claim that he intends to so refile. If timely notification of
    intent to refile is made under the preceding sentence, any action
    pending with respect to the original claim shall be suspended
    pending the refiling of the claim under paragraph (2) and, if such
    refiling is timely made, such action shall be vacated.
      "(2) The Secretary shall notify each claimant eligible to refile
    a claim under paragraph (1) of such eligibility within 10 days
    after the date of enactment of this Act [June 30, 1982].
      "(3) A claim for which notification on intent to refile was
    timely made under paragraph (1) must be refiled with the Secretary
    within the thirty-day period after the date on which the
    regulations promulgated to implement the amendments made by this
    Act become final or action shall be resumed with respect to such
    claim without regard to the amendments made by this Act.
      "(4) The amendments made by this Act shall apply with respect to
    any claim that is refiled on a timely basis under paragraph (3)."

-FOOTNOTE-
    (!1) So in original. The "of" is probably unnecessary.

-End-

-CITE-
    43 USC Sec. 1842                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
    Sec. 1842. Fishermen's Contingency Fund

-STATUTE-
    (a) Establishment; availability; source of deposits; limitation on
      amount; interest-bearing accounts; litigation
      (1) There is established in the Treasury of the United States a
    Fishermen's Contingency Fund. The Fund shall be available to the
    Secretary without fiscal year limitations as a revolving fund for
    the purpose of making payments pursuant to this section. The Fund
    shall consist of - 
        (A) revenues received from investments made under paragraph
      (3);
        (B) amounts collected under subsection (b) of this section; and
        (C) amounts recovered by the Secretary under section 1845(h)(2)
      of this title.

    The total amount in the Fund that is collected under subsection (b)
    of this section may at no time exceed $2,000,000; and the total
    amount in the Fund which is attributable to revenue received under
    paragraph (3) or recovered by the Secretary under section
    1845(h)(2) of this title shall be expended prior to amounts
    collected under subsection (b) of this section. Not more than 8
    percent of the total amount in the Fund may be expended in any
    fiscal year for paying the administrative and personnel expenses
    referred to in paragraph (2)(A).
      (2) The Fund shall be available, as provided for in appropriation
    Acts solely for the payment of - 
        (A) the personnel and administrative expenses incurred in
      carrying out this subchapter;
        (B) any claim, in accordance with procedures established under
      this section, for damages that are compensable under this
      subchapter; and
        (C) attorney and other fees awarded under section 1845(e) of
      this title with respect to any such claim.

      (3) Sums in the Fund that are not currently needed for the
    purposes of the Fund shall be kept on deposit in appropriate
    interest-bearing accounts that shall be established by the
    Secretary of the Treasury or invested in obligations of, or
    guaranteed by, the United States. Any revenue accruing from such
    deposits and investments shall be deposited into the Fund.
      (4) The Fund may sue and be sued in its own name. All litigation
    by or against the Fund shall be referred to the Attorney General.
    (b) Payments by each holder of lease, permit, easement, or right-of-
      way
      (1) Except as provided in paragraph (2), each holder of a lease
    that is issued or maintained under the Outer Continental Shelf
    Lands Act [43 U.S.C. 1331 et seq.] and each holder of an
    exploration permit, or an easement or right-of-way for the
    construction of a pipeline in any area of the Outer Continental
    Shelf, shall pay an amount specified by the Secretary. The
    Secretary of the Interior shall collect such amount and deposit it
    into the Fund. In any calendar year, no holder of a lease, permit,
    easement, or right-of-way shall be required to pay an amount in
    excess of $5,000 per lease, permit, easement, or right-of-way.
      (2) Payments may not be required under paragraph (1) by the
    Secretary of the Interior with respect to geological permits and
    geophysical permits, other than prelease exploratory drilling
    permits issued under section 11 of the Outer Continental Shelf
    Lands Act (43 U.S.C. 1340).

-SOURCE-
    (Pub. L. 95-372, title IV, Sec. 402, Sept. 18, 1978, 92 Stat. 686;
    Pub. L. 97-212, Sec. 2, June 30, 1982, 96 Stat. 143.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (b)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
    which is classified generally to subchapter III (Sec. 1331 et seq.)
    of chapter 29 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1331 of
    this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (a). Pub. L. 97-212 redesignated subsec. (a) as
    subsec. (a)(1) and substituted provisions relating to the source of
    funds, that the total amount of the Fund would not exceed
    $2,000,000, that the total amount in the Fund which is attributable
    to revenue received under par. (3) as amended or recovered by the
    Secretary under section 1845(h)(2) of this title be expended prior
    to amounts collected under subsec. (b) as amended, and that not
    more than 8 percent of the total amount in the Fund be expended in
    any fiscal year for the paying of administrative and personnel
    expenses, for provisions that the amounts paid pursuant to former
    subsecs. (c) and (d) of this section be deposited in the Fund, and
    that the total amount in the Fund not exceed $1,000,000,
    redesignated as subsec. (a)(2) former subsec. (e), and struck out
    provision that the amounts disbursed for administrative or
    personnel expenses not exceed 15 percent of the amounts deposited
    in a revolving account for that fiscal year, added as subsec.
    (a)(3) provisions that the sums of the Fund be kept on deposit in
    interest-bearing accounts, and added as subsec. (a)(4) provision
    that all litigation be referred to the Attorney General.
      Subsec. (b). Pub. L. 97-212 redesignated as subsec. (b)(1)
    provisions of former subsec. (c) and added as subsec. (b)(2)
    provision that payments not be required under par. (1) by the
    Secretary of the Interior with respect to geological and
    geophysical permits other than prelease exploratory drilling
    permits issued under section 1340 of this title. Former subsec. (b)
    relating to the establishment and maintenance of an area account
    within the Fund was struck out.
      Subsec. (c). Pub. L. 97-212 redesignated subsec. (c) as (b)(1).
      Subsec. (d). Pub. L. 97-212 struck out subsec. (d) which related
    to level of area account funds.
      Subsec. (e). Pub. L. 97-212 redesignated subsec. (e) as (a)(2).

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-212 applicable with respect to claims for
    damages filed on or after June 30, 1982, with the Secretary of
    Commerce under section 1845(a) of this title, with provision for
    the refiling of previously filed claims under certain
    circumstances, see section 9 of Pub. L. 97-212, set out as a note
    under section 1841 of this title.

-End-

-CITE-
    43 USC Sec. 1843                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
    Sec. 1843. Duties and powers of Secretary

-STATUTE-
    (a) Prescription and amendment of regulations respecting settlement
      of claims; identification classification of potential hazards to
      commercial fishing
      In carrying out the provisions of this subchapter, the Secretary
    shall - 
        (1) prescribe, and from time to time amend, regulations for the
      filing, processing, and fair and expeditious settlement of claims
      pursuant to this subchapter, including a time limitation of not
      less than 90 days on the filing of such claims (except that,
      notwithstanding any other provision of law, final regulations
      implementing the 1981 amendments to this subchapter shall be
      published in the Federal Register within 120 days after the date
      of the enactment of such amendments); and
        (2) identify and classify all potential hazards to commercial
      fishing caused by Outer Continental Shelf oil and gas
      exploration, development, and production activities, including
      all obstructions on the bottom, throughout the water column, and
      on the surface.
    (b) Establishment of regulations respecting color coding, stamping,
      or labeling of equipment, tools, etc., used on Outer Continental
      Shelf
      The Secretary of the Interior shall establish regulations
    requiring all materials, equipment, tools, containers, and all
    other items used on the Outer Continental Shelf to be properly
    color coded, stamped, or labeled, wherever practicable, with the
    owner's identification prior to actual use.
    (c) Disbursement of payments to compensate commercial fishermen;
      restrictions
      (1) Payments shall be disbursed by the Secretary from the Fund to
    compensate commercial fishermen for actual and consequential
    damages, including resulting economic loss, due to damages to, or
    loss of, fishing gear by materials, equipment, tools, containers,
    or other items associated with Outer Continental Shelf oil and gas
    exploration, development, or production activities. The
    compensation payable under this section for resulting economic loss
    shall be an amount equal to 50 per centum of such loss. For
    purposes of this subsection, the term "resulting economic loss"
    means the gross income, as estimated by the Secretary, that a
    commercial fisherman who is eligible for compensation under this
    section will lose by reason of not being able to engage in fishing,
    or having to reduce his fishing effort, during the period before
    the damaged or lost fishing gear concerned is repaired or replaced
    and available for use.
      (2) Notwithstanding the provisions of paragraph (1) of this
    subsection, no payment may be made by the Secretary from the Fund -
    
        (A) to the extent that damages were caused by the negligence or
      fault of the commercial fisherman making the claim;
        (B) if the damage set forth in the claim was sustained prior to
      September 18, 1978;
        (C) in the case of a claim for damage to, or loss of, fishing
      gear, in an amount in excess of the replacement value of the
      fishing gear with respect to which the claim is filed; and
        (D) for any portion of the damages claimed with respect to
      which the claimant has received, or will receive, compensation
      from insurance.

-SOURCE-
    (Pub. L. 95-372, title IV, Sec. 403, Sept. 18, 1978, 92 Stat. 687;
    Pub. L. 96-561, title II, Sec. 240(b)(2), Dec. 22, 1980, 94 Stat.
    3301; Pub. L. 97-212, Secs. 3, 7, June 30, 1982, 96 Stat. 144, 147;
    Pub. L. 98-498, title IV, Sec. 420(1), (2), Oct. 19, 1984, 98 Stat.
    2309.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The 1981 amendments to this subchapter, referred to in subsec.
    (a)(1), probably means the amendments made to this subchapter in
    1982 by Pub. L. 97-212, which amended sections 1841 to 1845 of this
    title, repealed section 1847 of this title, and enacted a provision
    set out as a note under section 1841 of this title. Pub. L. 97-212
    also enacted a provision set out as a note under section 1823 of
    Title 16, Conservation, and amended a provision set out as a note
    under section 1823 of Title 16.
      The date of enactment of such amendments, referred to in subsec.
    (a)(1), probably means the date of enactment of Pub. L. 97-212,
    which was approved June 30, 1962.

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a)(1). Pub. L. 98-498 substituted "limitation of
    not less than 90 days on" for "limitation on".
      Subsec. (c)(1). Pub. L. 98-498 substituted "50 percent" for "25
    per centum".
      1982 - Subsec. (a)(1). Pub. L. 97-212, Sec. 7, substituted
    "claims (except that, notwithstanding any other provision of law,
    final regulations implementing the 1981 amendments to this
    subchapter shall be published in the Federal Register within 120
    days after the date of the enactment of such amendments); and" for
    "claims; and".
      Subsec. (c)(1). Pub. L. 97-212, Sec. 3(1), substituted "Fund" for
    "appropriate area account" and "resulting economic loss" for "loss
    of profits", inserted "Outer Continental Shelf" after "items
    associated with", struck out "in such area, whether or not such
    damage occurred in such area" after "production activities", and
    inserted provisions that compensation payable under this section
    for resulting economic loss be an amount equal to 25 per centum of
    such loss and provision defining "resulting economic loss" for
    purposes of subsec. (c).
      Subsec. (c)(2). Pub. L. 97-212, Sec. 3(2), substituted "the Fund"
    for "any area account established under this subchapter" in
    provisions preceding subpar. (A), struck out subpars. (A) and (E)
    which related, respectively, to damage caused by materials,
    equipment, tools, containers, or other items attributable to a
    financially responsible party and the party admitted responsibility
    and to loss of profits for any period in excess of 6 months unless
    such claim was supported by records with respect to the claimant's
    profits during the previous 12-month period, redesignated subpars.
    (B), (C), and (D) as (A), (B), and (C) respectively, redesignated
    subpar. (F) as (D), and in subpar. (D) as so redesignated,
    substituted "received, or will receive," for "or will receive".
      1980 - Subsec. (c)(2)(A). Pub. L. 96-561 inserted reference to
    party admitting responsibility.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-212 applicable with respect to claims for
    damages filed on or after June 30, 1982, with the Secretary of
    Commerce under section 1845(a) of this title, with provision for
    the refiling of previously filed claims under certain
    circumstances, see section 9 of Pub. L. 97-212, set out as a note
    under section 1841 of this title.

-End-

-CITE-
    43 USC Sec. 1844                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
    Sec. 1844. Burden of proof

-STATUTE-
      With respect to any claim for damages filed under this
    subchapter, there shall be a presumption that such damages were due
    to activities related to oil and gas exploration, development, or
    production if the claimant establishes that - 
        (1) the commercial fishing vessel was being used for fishing
      and was located in an area affected by Outer Continental Shelf
      activities;
        (2) a report on the location of the material, equipment, tool,
      container, or other item which caused such damages and the nature
      of such damages was made within fifteen days after the date on
      which the vessel first returns to a port after discovering such
      damages;
        (3) there was no record on the latest nautical charts or Notice
      to Mariners in effect at least 15 days prior to the date such
      damages were sustained that such material, equipment, tool,
      container, or other item existed where such damages occurred,
      except that in the case of damages caused by a pipeline, the
      presumption established by this section shall obtain whether or
      not there was any such record of the pipeline on the damage date;
      and
        (4) there was no proper surface marker or lighted buoy which
      was attached or closely anchored to such material, equipment,
      tool, container, or other item.

-SOURCE-
    (Pub. L. 95-372, title IV, Sec. 404, Sept. 18, 1978, 92 Stat. 688;
    Pub. L. 97-212, Sec. 4, June 30, 1982, 96 Stat. 145.)

-MISC1-
                                AMENDMENTS                            
      1982 - Pub. L. 97-212, Sec. 4(1), substituted "under this
    subchapter" for "pursuant to this subchapter" and "damages were due
    to activities related to oil and gas exploration, development, or
    production" for "claim is valid" in provisions preceding par. (1).
      Par. (2). Pub. L. 97-212, Sec. 4(2), substituted "fifteen days
    after the date on which the vessel first returns to a port after
    discovering such damages" for "five days after the date on which
    such damages were discovered".
      Par. (3). Pub. L. 97-212, Sec. 4(3), inserted "the latest" after
    "no record on", struck out "the" before "Notice to Mariners", and
    substituted "in effect at least 15 days prior to the date" for "on
    the date" and "where such damages occurred, except that in the case
    of damages caused by a pipeline, the presumption established by
    this section shall obtain whether or not there was any such record
    of the pipeline on the damage date" for "in such area".

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-212 applicable with respect to claims for
    damages filed on or after June 30, 1982, with the Secretary of
    Commerce under section 1845(a) of this title, with provision for
    the refiling of previously filed claims under certain
    circumstances, see section 9 of Pub. L. 97-212, set out as a note
    under section 1841 of this title.

-End-

-CITE-
    43 USC Sec. 1845                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
    Sec. 1845. Claims procedure

-STATUTE-
    (a) Filing requirement; time to file
      Any commercial fisherman suffering damages compensable under this
    subchapter may file a claim for compensation with the Secretary
    under subsection (d)(1) of this section.
    (b) Transmittal of copy of claim to Secretary of the Interior;
      reference to Secretary
      Upon receipt of any claim under this section, the Secretary shall
    transmit a copy of the claim to the Secretary of the Interior and
    shall take such further action regarding the claim that is required
    under subsection (d) of this section.
    (c) Notification to persons engaged in activities associated with
      Outer Continental Shelf energy activities; response of persons
      notified; submittal of evidence
      The Secretary of the Interior shall make reasonable efforts to
    notify all persons known to have engaged in activities associated
    with Outer Continental Shelf energy activity in the vicinity. Each
    such person shall promptly notify the Secretary and the Secretary
    of the Interior as to whether he admits or denies responsibility
    for the damages claimed. Any such person, including lessees or
    permittees or their contractors or subcontractors, may submit
    evidence at any proceeding conducted with respect to such claim.
    (d) Acceptance of claim by Secretary; time to render decision;
      review of initial determination
      (1) The Secretary shall, under regulations prescribed pursuant to
    section 1843(a) of this title, specify the time, form and manner in
    which claims must be filed.
      (2) The Secretary may not accept any claim that does not meet the
    filing requirements specified under paragraph (1), and shall give a
    claimant whose claim is not accepted written notice of the reasons
    for nonacceptance. Such written notice must be given to the
    claimant within 30 days after the date on which the claim was filed
    and if the claimant does not refile an acceptable claim within 30
    days after the date of such written notice, the claimant is not
    eligible for compensation under this subchapter for the damages
    concerned; except that the Secretary - 
        (A) shall in any case involving a good faith effort by the
      claimant to meet such filing requirements, or
        (B) may in any case involving extenuating circumstances, accept
      a claim that does not meet the 30-day refiling requirement.

      (3)(A) The Secretary shall make an initial determination with
    respect to the claim within 60 days after the day on which the
    claim is accepted for filing. Within 30 days after the day on which
    the Secretary issues an initial determination on a claim, the
    claimant, or any other interested person who submitted evidence
    relating to the initial determination, may petition the Secretary
    for a review of that determination.
      (B) If a petition for the review of an initial determination is
    not filed with the Secretary within the 30-day period provided
    under subparagraph (A), the initial determination shall thereafter
    be treated as a final determination by the Secretary on the claim
    involved.
      (C) If a petition for review of an initial determination is
    timely filed under subparagraph (A), the Secretary shall allow the
    petitioner 30 days after the day on which the petition is received
    to submit written or oral evidence relating to the initial
    determination. The Secretary shall then undertake such review and,
    on the basis of such review, issue a final determination no later
    than the 60th day after the day on which the Secretary received the
    petition for review of an initial determination.
    (e) Claim preparation fees; attorney's fees
      If the decision of the Secretary under subsection (d) of this
    section is in favor of the commercial fisherman filing the claim,
    the Secretary, as a part of the amount awarded, shall include
    reasonable claim preparation fees and reasonable attorney's fees,
    if any, incurred by the claimant in pursuing the claim.
    (f) Powers of Secretary
      (1) For purposes of any proceeding conducted pursuant to this
    section, the Secretary shall have the power to administer oaths and
    subpena the attendance or testimony of witnesses and the production
    of books, records, and other evidence relative or pertinent to the
    issues being presented for determination.
      (2) In any proceeding conducted pursuant to this section with
    respect to a claim for damages resulting from activities on any
    area of the Outer Continental Shelf, the Secretary shall consider
    evidence of obstructions in such area which have been identified
    pursuant to the survey conducted under section 1847 (!1) of this
    title.

    (g) Place of proceeding
      Any proceeding conducted with respect to an initial determination
    on a claim under subsection (d)(3)(A) of this section shall be
    conducted within such United States judicial district as may be
    mutually agreeable to the claimant and the Secretary or, if no
    agreement can be reached, within the United States judicial
    district in which the home port of the claimant is located.
    (h) Certification and disbursement of award; subrogation of rights;
      payment of costs of proceedings
      (1) The amount awarded in an initial determination by the
    Secretary under subsection (d) of this section shall be immediately
    disbursed, subject to the limitations of this section, by the
    Secretary if the claimant - 
        (A) states in writing that he will not petition for review of
      the initial determination; and
        (B) enters into an agreement with the Secretary to repay to the
      Secretary all or any part of the amount of the award if, after
      review under subsection (d)(3)(C) of this section or, if
      applicable, after judicial review, the amount of the award, or
      any part thereof, is not sustained.

      (2) Upon payment of a claim by the Secretary pursuant to this
    subsection, the Secretary shall acquire by subrogation all rights
    of the claimant against any person found to be responsible for the
    damages with respect to which such claim was made. Any moneys
    recovered by the Secretary through subrogation shall be deposited
    into the Fund.
      (3) Any person who denies responsibility for damages with respect
    to which a claim is made and who is subquently (!2) found to be
    responsible for such damages, and any commercial fisherman who
    files a claim for damages and who is subsequently found to be
    responsible for such damages, shall pay the costs of the
    proceedings under this section with respect to such claim.

    (i) Judicial review
      Any claimant or other person who suffers a legal wrong or who is
    adversely affected or aggrieved by a final determination of the
    Secretary under subsection (d) of this section, may, no later than
    30 days after such determination is made, seek judicial review of
    the determination in the United States district court for such
    United States judicial district as may be mutually agreeable to the
    parties concerned or, if no agreement can be reached, in the United
    States district court for the United States judicial district in
    which is located the home port of the claimant.

-SOURCE-
    (Pub. L. 95-372, title IV, Sec. 405, Sept. 18, 1978, 92 Stat. 688;
    Pub. L. 97-212, Sec. 5, June 30, 1982, 96 Stat. 145; Pub. L. 98-
    498, title IV, Sec. 420(3), (4), Oct. 19, 1984, 98 Stat. 2309,
    2310.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1847 of this title, referred to in subsec. (f)(2), was
    repealed by Pub. L. 97-212, Sec. 6(a), June 30, 1982, 96 Stat. 147.

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-498 substituted "under subsection
    (d)(1) of this section" for ", except that no such claim may be
    filed more than 60 days after the date of discovery of the damages
    with respect to which such claim is made".
      Subsec. (d)(1). Pub. L. 98-498 inserted "time," before "form".
      1982 - Subsec. (b). Pub. L. 97-212, Sec. 5(1), struck out pars.
    (1) and (2) designations, and substituted "shall take such further
    action regarding the claim that is required under subsection (d) of
    this section" for "refer such matter to a hearing examiner
    appointed under section 3105 of title 5".
      Subsec. (c). Pub. L. 97-212, Sec. 5(2), substituted "proceeding"
    for "hearing".
      Subsec. (d). Pub. L. 97-212, Sec. 5(3), substituted provisions
    relating to the filing of claims with the Secretary of the Interior
    in order to be eligible for compensation under this subchapter, the
    time for such filing, the time in which the Secretary must make his
    initial determination with respect to the claim, and the submission
    of evidence by the petitioner when reviewing an initial
    determination by the Secretary, for provisions relating to the time
    in which a hearing examiner has to render a decision.
      Subsec. (e). Pub. L. 97-212, Sec. 5(4), substituted provisions
    that if the decision of the Secretary is in favor of the commercial
    fisherman filing the claim, the Secretary shall award to such
    claimant reasonable attorney's fees and claim preparation fees
    incurred by claimant in pursuing such claim for provisions that
    upon a decision in favor of the claimant fisherman, the hearing
    examiner include in the award reasonable attorney's fees incurred
    by the claimant in pursuing such claim.
      Subsec. (f). Pub. L. 97-212, Sec. 5(5), substituted "the
    Secretary" for "hearing examiner" and "proceeding" for "hearing"
    wherever appearing. The amendment which directed the substitution
    of "the Secretary" for "hearing examiner" was executed by
    substituting "the Secretary" for "the hearing examiner", as the
    probable intent of Congress, to avoid repeating the article "the"
    before "Secretary" in two places.
      Subsec. (g). Pub. L. 97-212, Sec. 5(6), substituted "Any
    proceeding conducted with respect to an initial determination on a
    claim under subsection (d)(3)(A) of this section shall be conducted
    within such United States judicial district as may be mutually
    agreeable to the claimant and the Secretary or, if no agreement can
    be reached, within the United States judicial district in which the
    home port of the claimant is located" for "A hearing conducted
    under this section shall be conducted within the United States
    judicial district within which the matter giving rise to the claim
    occurred, or, if such matter occurred within two or more districts,
    in any of the affected districts, or, if such matter occurred
    outside of any district, in the nearest district".
      Subsec. (h)(1). Pub. L. 97-212, Sec. 5(7)(A), substituted
    provisions that the amount awarded in an initial determination by
    the Secretary under subsec. (d) be immediately disbursed by the
    Secretary if the claimant states in writing that he will not
    petition for review of the initial determination and he enters into
    an agreement with the Secretary to repay to the Secretary all or
    any part of the award that is not sustained upon later judicial
    review for provisions that upon a decision of the hearing examiner
    and in absence of judicial review, any amount to be paid would be
    certified to the Secretary who would promptly disburse the award
    and that such decision of the hearing examiner was not reviewable
    by the Secretary.
      Subsec. (h)(2). Pub. L. 97-212, Sec. 5(7)(B), inserted provision
    that any moneys recovered by the Secretary through subrogation
    shall be deposited into the Fund.
      Subsec. (i). Pub. L. 97-212, Sec. 5(8), substituted "Any claimant
    or other person who suffers a legal wrong or who is adversely
    affected or aggrieved by a final determination of the Secretary
    under subsection (d) of this section, may, no later than 30 days
    after such determination is made, seek judicial review of the
    determination in the United States district court for such United
    States judicial district as may be mutually agreeable to the
    parties concerned or, if no agreement can be reached, in the United
    States district court for the United States judicial district in
    which is located the home port of the claimant" for "Any person who
    suffers legal wrong or who is adversely affected or aggrieved by
    the decision of a hearing examiner under this section may, no later
    than 60 days after such decision is made, seek judicial review of
    such decision in the United States court of appeals for the circuit
    in which the damage occurred, or if such damage occurred outside of
    any circuit, in the United States court of appeals for the nearest
    circuit".

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-212 applicable with respect to claims for
    damages filed on or after June 30, 1982, with the Secretary of
    Commerce under section 1845(a) of this title, with provision for
    the refiling of previously filed claims under certain
    circumstances, see section 9 of Pub. L. 97-212, set out as a note
    under section 1841 of this title.

         COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR DAMAGE;
                                APPLICATION
      Authority to owners or operators of fishing vessels and
    commercial fishermen failing to make application for compensation
    within the time limitations of this section or section 1980 of
    Title 22, Foreign Relations and Intercourse, to make application
    for compensation within the 60-day period beginning on Dec. 22,
    1980, see section 240(a), (b)(1) of Pub. L. 96-561, title II, Dec.
    22, 1980, 94 Stat. 3300, set out as a note under section 1980 of
    Title 22.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "subsequently".

-End-

-CITE-
    43 USC Sec. 1846                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
    Sec. 1846. Repealed. Pub. L. 104-66, title I, Sec. 1021(f), Dec.
      21, 1995, 109 Stat. 713

-MISC1-
      Section, Pub. L. 95-372, title IV, Sec. 406, Sept. 18, 1978, 92
    Stat. 689, directed Secretary to submit annual reports to Congress
    setting forth Fishermen's Contingency Fund damage descriptions and
    compensation amounts and, in first annual report, to evaluate
    feasibility of (1) fine or penalty impositions, or (2) bonding
    requirements.

-End-

-CITE-
    43 USC Sec. 1847                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER II - FISHERMEN'S CONTINGENCY FUND

-HEAD-
    Sec. 1847. Repealed. Pub. L. 97-212, Sec. 6(a), June 30, 1982, 96
      Stat. 147

-MISC1-
      Section, Pub. L. 95-372, title IV, Sec. 407, Sept. 18, 1978, 92
    Stat. 690, related to survey of obstructions on Outer Continental
    Shelf and development of charts for commercial fishermen.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective June 30, 1982, and applicable with respect to
    claims for damages filed on or after such date, with the Secretary
    of Commerce under section 1845(a) of this title, see section 9(a)
    of Pub. L. 97-212, set out as an Effective Date of 1982 Amendment
    note under section 1841.

-End-

-CITE-
    43 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
                 SUBCHAPTER III - MISCELLANEOUS PROVISIONS             

-End-

-CITE-
    43 USC Sec. 1861                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1861. Repealed. Pub. L. 99-367, Sec. 2(b), July 31, 1986, 100
      Stat. 774

-MISC1-
      Section, Pub. L. 95-372, title VI, Sec. 601, Sept. 18, 1978, 92
    Stat. 693, required Secretary of the Interior, within six months of
    Sept. 18, 1978, and in his annual report thereafter, to report to
    Comptroller General on shut-in and flaring oil and gas wells and
    required Comptroller General, within six months after receipt of
    report, to review and evaluate methodology used by Secretary in
    allowing wells to be shut-in or flare natural gas and submit his
    findings and recommendations to Congress.

-End-

-CITE-
    43 USC Sec. 1862                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1862. Natural gas distribution

-STATUTE-
    (a) Expanded participation by local distribution companies in
      acquisition of leases and development of natural gas resources
      The purpose of this section is to encourage expanded
    participation by local distribution companies in acquisition of
    leases and development of natural gas resources on the Outer
    Continental Shelf by facilitating the transportation in interstate
    commerce of natural gas, which is produced from a lease located on
    the Outer Continental Shelf and owned, in whole or in part, by a
    local distribution company, from such lease to the service area of
    such local distribution company.
    (b) Application and issuance of certificates of public convenience
      and necessity for transportation of natural gas
      The Federal Energy Regulatory Commission shall, after opportunity
    for presentation of written and oral views, promulgate and publish
    in the Federal Register a statement of Commission policy which
    carries out the purpose of this section and sets forth the
    standards under which the Commission will consider applications
    for, and, as appropriate, issue certificates of public convenience
    and necessity, pursuant to section 717f of title 15, for the
    transportation in interstate commerce of natural gas, which is
    produced from a lease located on the Outer Continental Shelf and
    owned, in whole or in part, by a local distribution company, from
    such lease to the service area of such local distribution company.
    Such statement of policy shall specify the criteria, limitations,
    or requirements the Commission will apply in determing -  (!1)

        (1) whether the application of any local distribution company
      qualifies for consideration under the statement of policy; and
        (2) whether the public convenience and necessity will be served
      by the issuance of the requested certificate of transportation.

    Such statement of policy shall also set forth the terms or
    limitations on which the Commission may condition, pursuant to
    section 717f of title 15, the issuance of a certificate of
    transportation under such statement of policy. To the maximum
    extent practicable, such statement shall be promulgated and
    published within one year after September 18, 1978.
    (c) Definitions
      For purposes of this section, the term - 
        (1) "local distribution company" means any person - 
          (A) engaged in the distribution of natural gas at retail,
        including any subsidiary or affiliate thereof engaged in the
        exploration and production of natural gas; and
          (B) regulated, or operated as a public utility, by a State or
        local government or agency thereof;

        (2) "interstate commerce" shall have the same meaning as such
      term has under section 717a(7) of title 15; and
        (3) "Commission" means the Federal Energy Regulatory
      Commission.

-SOURCE-
    (Pub. L. 95-372, title VI, Sec. 603, Sept. 18, 1978, 92 Stat. 694.)

-FOOTNOTE-               

    (!1) So in original. Probably should be "determining - ".

-End-

-CITE-
    43 USC Sec. 1863                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1863. Unlawful employment practices; regulations

-STATUTE-
      Each agency or department given responsibility for the
    promulgation or enforcement of regulations under this chapter or
    the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.]
    shall take such affirmative action as deemed necessary to prohibit
    all unlawful employment practices and to assure that no person
    shall, on the grounds of race, creed, color, national origin, or
    sex, be excluded from receiving or participating in any activity,
    sale, or employment, conducted pursuant to the provisions of this
    chapter or the Outer Continental Shelf Lands Act. The agency or
    department shall promulgate such rules as it deems necessary to
    carry out the purposes of this section, and any rules promulgated
    under this section, whether through agency and department
    provisions or rules, shall be similar to those established and in
    effect under title VI and title VII of the Civil Rights Act of 1964
    [42 U.S.C. 2000d et seq., 2000e et seq.].

-SOURCE-
    (Pub. L. 95-372, title VI, Sec. 604, Sept. 18, 1978, 92 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92 Stat. 629, as
    amended, known as the Outer Continental Shelf Lands Act Amendments
    of 1978, which enacted this chapter, sections 1344 to 1356 of this
    title, and section 237 of Title 30, Mineral Lands and Mining,
    amended sections 1331 to 1334, 1337, 1340, and 1343 of this title,
    sections 1456, 1456a, and 1464 of Title 16, Conservation, and
    section 6213 of Title 42, The Public Health and Welfare, and
    enacted provisions set out as notes under sections 1348 and 1811 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1801 of this title and
    Tables.
      The Outer Continental Shelf Lands Act, referred to in text, is
    act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
    classified generally to subchapter III (Sec. 1331 et seq.) of
    chapter 29 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 1331 of
    this title and Tables.
      The Civil Rights Act of 1964, referred to in text, is Pub. L. 88-
    352, July 2, 1964, 78 Stat. 241, as amended. Title VI and VII of
    the Civil Rights Act of 1964 are classified generally to
    subchapters V (Sec. 2000d et seq.) and VI (Sec. 2000e et seq.) of
    chapter 21 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2000a of Title 42 and Tables.

-End-

-CITE-
    43 USC Sec. 1864                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1864. Disclosure of financial interests by officers and
      employees of Department of the Interior

-STATUTE-
    (a) Annual written statement
      Each officer or employee of the Department of the Interior who - 
        (1) performs any function or duty under this chapter or the
      Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], as
      amended by this Act; and
        (2) has any known financial interest in any person who (A)
      applies for or receives any permit or lease under, or (B) is
      otherwise subject to the provisions of this chapter or the Outer
      Continental Shelf Lands Act [43 U.S.C. 1331 et seq.],

    shall, beginning on February 1, 1979, annually file with the
    Secretary of the Interior a written statement concerning all such
    interests held by such officer or employee during the preceeding
    (!1) calendar year. Such statement shall be available to the
    public.

    (b) "Known financial interest" defined; enforcement; report to
      Congress
      The Secretary of the Interior shall - 
        (1) within ninety days after September 18, 1978 - 
          (A) define the term "known financial interest" for purposes
        of subsection (a) of this section; and
          (B) establish the methods by which the requirement to file
        written statements specified in subsection (a) of this section
        will be monitored and enforced, including appropriate
        provisions for the filing by such officers and employees of
        such statements and the review by the Secretary of such
        statements; and

        (2) report to the Congress on June 1 of each calendar year with
      respect to such disclosures and the actions taken in regard
      thereto during the preceding calendar year.
    (c) Officers and employees in nonregulatory or nonpolicymaking
      positions
      In the rules prescribed in subsection (b) of this section, the
    Secretary may identify specific positions within the Department of
    the Interior which are of a nonregulatory or nonpolicymaking nature
    and provide that officers or employees occupying such positions
    shall be exempt from the requirements of this section.
    (d) Penalties
      Any officer or employee who is subject to, and knowingly
    violates, this section shall be fined not more than $2,500 or
    imprisoned not more than one year, or both.

-SOURCE-
    (Pub. L. 95-372, title VI, Sec. 605, Sept. 18, 1978, 92 Stat. 695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(1), (2), was in the
    original "this Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92
    Stat. 629, as amended, known as the Outer Continental Shelf Lands
    Act Amendments of 1978, which enacted this chapter, sections 1344
    to 1356 of this title, and section 237 of Title 30, Mineral Lands
    and Mining, amended sections 1331 to 1334, 1337, 1340, and 1343 of
    this title, sections 1456, 1456a, and 1464 of Title 16,
    Conservation, and section 6213 of Title 42, The Public Health and
    Welfare, and enacted provisions set out as notes under sections
    1348 and 1811 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1801 of
    this title and Tables.
      This Act, referred to in subsec. (a)(1), is Pub. L. 95-372, Sept.
    18, 1978, 92 Stat. 629, as amended. See note above.
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (a)(1), (2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
    amended, which is classified generally to subchapter III (Sec. 1331
    et seq.) of chapter 29 of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1331 of this title and Tables.

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (b)(2) of this section relating to the requirement that the
    Secretary of the Interior report to Congress on June 1 of each
    calendar year, see section 3003 of Pub. L. 104-66, as amended, set
    out as a note under section 1113 of Title 31, Money and Finance,
    and the 16th item on page 111 of House Document No. 103-7.

-FOOTNOTE-
    (!1) So in original. Probably should be "preceding".

-End-

-CITE-
    43 USC Sec. 1865                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1865. Investigation of reserves of oil and gas in Outer
      Continental Shelf

-STATUTE-
      The Secretary of the Interior shall conduct a continuing
    investigation to determine an estimate of the total discovered
    crude oil and natural gas reserves by fields (including proved and
    indicated reserves) and undiscovered crude oil and natural gas
    resources (including hypothetical and speculative resources) of the
    Outer Continental Shelf.
      The Secretary of the Interior shall provide a biennial report to
    Congress on June 30 of every odd numbered year on the results of
    such investigation.

-SOURCE-
    (Pub. L. 95-372, title VI, Sec. 606, as added Pub. L. 99-367, Sec.
    2(c), July 31, 1986, 100 Stat. 774.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1865, Pub. L. 95-372, title VI, Sec. 606, Sept.
    18, 1978, 92 Stat. 696, directed Secretary of the Interior to
    conduct a continuing investigation of reserves of oil and gas in
    the Outer Continental Shelf, specified items to be included in the
    investigation, provided for initial and subsequent reports to
    Congress, and required consultation with the Federal Trade
    Commission and information to be made available to the Federal
    Trade Commission, prior to repeal by Pub. L. 99-367, Sec. 2(c).

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section relating to the requirement that the Secretary of the
    Interior provide a biennial report to Congress, see section 3003 of
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and the 17th item on page 111 of House
    Document No. 103-7.

-End-

-CITE-
    43 USC Sec. 1866                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 36 - OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
    SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1866. Relationship to existing law

-STATUTE-
      (a) Except as otherwise expressly provided in this chapter,
    nothing in this chapter shall be construed to amend, modify, or
    repeal any provision of the Coastal Zone Management Act of 1972 [16
    U.S.C. 1451 et seq.], the National Environmental Policy Act of 1969
    [42 U.S.C. 4321 et seq.], the Mining and Mineral Policy Act of 1970
    [30 U.S.C. 21a], or any other Act.
      (b) Nothing in this chapter or any amendment made by this Act to
    the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or
    any other Act shall be construed to affect or modify the provisions
    of the Department of Energy Organization Act (42 U.S.C. 7101 et
    seq.) which provide for the transferring and vesting of functions
    to and in the Secretary of Energy or any component of the
    Department of Energy.

-SOURCE-
    (Pub. L. 95-372, title VI, Sec. 608, Sept. 18, 1978, 92 Stat. 698.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 95-372, Sept. 18, 1978, 92 Stat. 629, as
    amended, known as the Outer Continental Shelf Lands Act Amendments
    of 1978, which enacted this chapter, sections 1344 to 1356 of this
    title, and section 237 of Title 30, Mineral Lands and Mining,
    amended sections 1331 to 1334, 1337, 1340, and 1343 of this title,
    sections 1456, 1456a, and 1464 of Title 16, Conservation, and
    section 6213 of Title 42, The Public Health and Welfare, and
    enacted provisions set out as notes under sections 1348 and 1811 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1801 of this title and
    Tables.
      The Coastal Zone Management Act of 1972, referred to in subsec.
    (a), is title III of Pub. L. 89-454 as added by Pub. L. 92-583,
    Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
    generally to chapter 33 (Sec. 1451 et seq.) of Title 16. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1451 of Title 16 and Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under 4321 of Title 42 and Tables.
      The Mining and Mineral Policy Act of 1970, referred to in subsec.
    (a), is Pub. L. 91-631, Dec. 31, 1970, 84 Stat. 1876, which is
    classified to section 21a of Title 30, Mineral Lands and Mining.
      This Act, referred to in subsec. (b), is Pub. L. 95-372, Sept.
    18, 1978, 92 Stat. 629, as amended. See note above.
      The Outer Continental Shelf Lands Act, referred to in subsec.
    (b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which
    is classified generally to subchapter III (Sec. 1331 et seq.) of
    chapter 29 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 1331 of
    this title and Tables.
      The Department of Energy Organization Act, referred to in subsec.
    (b), is Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended,
    which is classified principally to chapter 84 (Sec. 7101 et seq.)
    of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7101 of Title 42 and Tables.

-End-

-CITE-
    43 USC CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
                CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT            

-MISC1-
    Sec.                                                     
    1901.       Congressional findings and declaration of policy.     
    1902.       Definitions.                                          
    1903.       Rangelands inventory and management; public
                 availability.                                        
    1904.       Range improvement funding.                            
                  (a)  Authorization of additional appropriations.    
                  (b)  Availability of unappropriated funds for
                        subsequent fiscal years.                      
                  (c)  Fund limitations for prescribed uses;
                        distribution, consultation and coordination;
                        public hearings and meetings; interested
                        parties; priority of cooperative agreements
                        with range users.                             
                  (d)  Environmental assessment record and
                        environmental impact statement requirements.  
    1905.       Grazing fees; economic value of use of land; fair
                 market value components; annual percentage change
                 limitation.                                          
    1906.       Authority for cooperative agreements and payments
                 effective as provided in appropriations.             
    1907.       National Grasslands; exemptions.                      
    1908.       Experimental stewardship program.                     
                  (a)  Scope of program.                              
                  (b)  Report to Congress.                            

-End-

-CITE-
    43 USC Sec. 1901                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1901. Congressional findings and declaration of policy

-STATUTE-
      (a) The Congress finds and declares that - 
        (1) vast segments of the public rangelands are producing less
      than their potential for livestock, wildlife habitat, recreation,
      forage, and water and soil conservation benefits, and for that
      reason are in an unsatisfactory condition;
        (2) such rangelands will remain in an unsatisfactory condition
      and some areas may decline further under present levels of, and
      funding for, management;
        (3) unsatisfactory conditions on public rangelands present a
      high risk of soil loss, desertification,(!1) and a resultant
      underproductivity for large acreages of the public lands;
      contribute significantly to unacceptable levels of siltation and
      salinity in major western watersheds including the Colorado
      River; negatively impact the quality and availability of scarce
      western water supplies; threaten important and frequently
      critical fish and wildlife habitat; prevent expansion of the
      forage resource and resulting benefits to livestock and wildlife
      production; increase surface runoff and flood danger; reduce the
      value of such lands for recreational and esthetic purposes; and
      may ultimately lead to unpredictable and undesirable long-term
      local and regional climatic and economic changes;

        (4) the above-mentioned conditions can be addressed and
      corrected by an intensive public rangelands maintenance,
      management, and improvement program involving significant
      increases in levels of rangeland management and improvement
      funding for multiple-use values;
        (5) to prevent economic disruption and harm to the western
      livestock industry, it is in the public interest to charge a fee
      for livestock grazing permits and leases on the public lands
      which is based on a formula reflecting annual changes in the
      costs of production;
        (6) the Act of December 15, 1971 (85 Stat. 649, 16 U.S.C. 1331
      et seq.), continues to be successful in its goal of protecting
      wild free-roaming horses and burros from capture, branding,
      harassment, and death, but that certain amendments are necessary
      thereto to avoid excessive costs in the administration of the
      Act, and to facilitate the humane adoption or disposal of excess
      wild free-roaming horses and burros which because they exceed the
      carrying capacity of the range, pose a threat to their own
      habitat, fish, wildlife, recreation, water and soil conservation,
      domestic livestock grazing, and other rangeland values;

      (b) The Congress therefore hereby establishes and reaffirms a
    national policy and commitment to:
        (1) inventory and identify current public rangelands conditions
      and trends as a part of the inventory process required by section
      1711(a) of this title;
        (2) manage, maintain and improve the condition of the public
      rangelands so that they become as productive as feasible for all
      rangeland values in accordance with management objectives and the
      land use planning process established pursuant to section 1712 of
      this title;
        (3) charge a fee for public grazing use which is equitable and
      reflects the concerns addressed in paragraph (a)(5) above;
        (4) continue the policy of protecting wild free-roaming horses
      and burros from capture, branding, harassment, or death, while at
      the same time facilitating the removal and disposal of excess
      wild free-roaming horses and burros which pose a threat to
      themselves and their habitat and to other rangeland values;

      (c) The policies of this chapter shall become effective only as
    specific statutory authority for their implementation is enacted by
    this chapter or by subsequent legislation, and shall be construed
    as supplemental to and not in derogation of the purposes for which
    public rangelands are administered under other provisions of law.

-SOURCE-
    (Pub. L. 95-514, Sec. 2, Oct. 25, 1978, 92 Stat. 1803.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of December 15, 1971, referred to in subsec. (a)(6), is Pub.
    L. 92-195, Dec. 15, 1971, 85 Stat. 649, as amended, popularly known
    as the Wild Free-Roaming Horses and Burros Act, which is classified
    generally to chapter 30 (Sec. 1331 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1331 of Title 16 and
    Tables.
      This chapter, referred to in subsec. (c), was in the original
    "this Act", meaning Pub. L. 95-514, Oct. 25, 1978, 92 Stat. 1803,
    which enacted this chapter and amended sections 1739 and 1751 to
    1753 of this title and sections 1332 and 1333 of Title 16. For
    complete classification of this Act to the Code, see Short Title
    note set out below and Tables.

-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 95-514 provided: "That this Act [enacting
    this chapter and amending sections 1739 and 1751 to 1753 of this
    title and sections 1332 and 1333 of Title 16, Conservation] may be
    cited as the 'Public Rangelands Improvement Act of 1978'."

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 1902                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1902. Definitions

-STATUTE-
      As used in this chapter - 
      (a) The terms "rangelands" or "public rangelands" means lands
    administered by the Secretary of the Interior through the Bureau of
    Land Management or the Secretary of Agriculture through the Forest
    Service in the sixteen contiguous Western States on which there is
    domestic livestock grazing or which the Secretary concerned
    determines may be suitable for domestic livestock grazing.
      (b) The term "allotment management plan" is the same as defined
    in section 1702(k) of this title, except that as used in this
    chapter such term applies to the sixteen contiguous Western States.
      (c) The term "grazing permit and lease" means any document
    authorizing use of public lands or lands in national forests in the
    sixteen contiguous Western States for the purpose of grazing
    domestic livestock.
      (d) The term "range condition" means the quality of the land
    reflected in its ability in specific vegetative areas to support
    various levels of productivity in accordance with range management
    objectives and the land use planning process, and relates to soil
    quality, forage values (whether seasonal or year round), wildlife
    habitat, watershed and plant communities, the present state of
    vegetation of a range site in relation to the potential plant
    community for that site, and the relative degree to which the
    kinds, proportions, and amounts of vegetation in a plant community
    resemble that of the desired community for that site.
      (e) The term "native vegetation" means those plant species,
    communities, or vegetative associations which are endemic to a
    given area and which would normally be identified with a healthy
    and productive range condition occurring as a result of the natural
    vegetative process of the area.
      (f) The term "range improvement" means any activity or program on
    or relating to rangelands which is designed to improve production
    of forage; change vegetative composition; control patterns of use;
    provide water; stabilize soil and water conditions; and provide
    habitat for livestock and wildlife. The term includes, but is not
    limited to, structures, treatment projects, and use of mechanical
    means to accomplish the desired results.
      (g) The term "court ordered environmental impact statement" means
    any environmental statements which are required to be prepared by
    the Secretary of the Interior pursuant to the final judgment or
    subsequent modification thereof as set forth on June 18, 1975, in
    the matter of Natural Resources Defense Council against Andrus.
      (h) The term "Secretary" unless specifically designated
    otherwise, means the Secretary of the Interior.
      (i) The term "sixteen contiguous Western States" means the States
    of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska,
    Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota,
    Utah, Washington, and Wyoming.

-SOURCE-
    (Pub. L. 95-514, Sec. 3, Oct. 25, 1978, 92 Stat. 1804.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in opening provision and in subsec.
    (b), was in the original "this Act", meaning Pub. L. 95-514, Oct.
    25, 1978, 92 Stat. 1803, which enacted this chapter and amended
    sections 1739 and 1751 to 1753 of this title and sections 1332 and
    1333 of Title 16, Conservation. For complete classification of this
    Act to the Code, see Short Title note set out under section 1901 of
    this title and Tables.

-End-

-CITE-
    43 USC Sec. 1903                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1903. Rangelands inventory and management; public availability

-STATUTE-
      (a) Following enactment of this chapter, the Secretary of the
    Interior and the Secretary of Agriculture shall update, develop
    (where necessary) and maintain on a continuing basis thereafter, an
    inventory of range conditions and record of trends of range
    conditions on the public rangelands, and shall categorize or
    identify such lands on the basis of the range conditions and trends
    thereof as they deem appropriate. Such inventories shall be
    conducted and maintained by the Secretary as a part of the
    inventory process required by section 201(a) of the Federal Land
    Policy and Management Act (43 U.S.C. 1711), and by the Secretary of
    Agriculture in accordance with section 1603 of title 16; shall be
    kept current on a regular basis so as to reflect changes in range
    conditions; and shall be available to the public.
      (b) The Secretary shall manage the public rangelands in
    accordance with the Taylor Grazing Act (43 U.S.C. 315-315(o)), the
    Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701-
    1782), and other applicable law consistent with the public
    rangelands improvement program pursuant to this chapter. Except
    where the land use planning process required pursuant to section
    202 of the Federal Land Policy and Management Act (43 U.S.C. 1712)
    determines otherwise or the Secretary determines, and sets forth
    his reasons for this determination, that grazing uses should be
    discontinued (either temporarily or permanently) on certain lands,
    the goal of such management shall be to improve the range
    conditions of the public rangelands so that they become as
    productive as feasible in accordance with the rangeland management
    objectives established through the land use planning process, and
    consistent with the values and objectives listed in sections
    1901(a) and (b)(2) of this title.

-SOURCE-
    (Pub. L. 95-514, Sec. 4, Oct. 25, 1978, 92 Stat. 1805.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Land Policy and Management Act of 1976, referred to
    in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
    amended, which is classified principally to chapter 35 (Sec. 1701
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1701 of this
    title and Tables.
      The Taylor Grazing Act, referred to in subsec. (b), is act June
    28, 1934, ch. 865, 48 Stat. 1269, as amended, which is classified
    principally to subchapter I (Sec. 315 et seq.) of chapter 8A of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 315 of this title and
    Tables.

-End-

-CITE-
    43 USC Sec. 1904                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1904. Range improvement funding

-STATUTE-
    (a) Authorization of additional appropriations
      In order to accomplish the purposes of this chapter, there are
    hereby authorized to be appropriated the sum of an additional
    $15,000,000 annually in fiscal years 1980 through 1982; for fiscal
    years 1983 through 1986 an amount no less than the amount
    authorized for 1982; and for fiscal years 1987 through 1999 an
    amount not less than $5,000,000 annually more than the amount
    authorized for fiscal year 1986. Such funds shall be in addition to
    any range, wildlife, and soil and water management moneys which
    have been requested by the Secretary under the provisions of
    section 1748 of this title, and in addition to the moneys which are
    available for range improvements under section 1751 of this title.
    (b) Availability of unappropriated funds for subsequent fiscal
      years
      Any amounts authorized by this section not appropriated in one or
    more fiscal years shall be available for appropriation in any
    subsequent years.
    (c) Fund limitations for prescribed uses; distribution,
      consultation and coordination; public hearings and meetings;
      interested parties; priority of cooperative agreements with range
      users
      No less than 80 per centum of such funds provided herein shall be
    used for on-the-ground range rehabilitation, maintenance and the
    construction of range improvements (including project layout,
    project design, and project supervision). No more than 15 per
    centum of such funds provided herein shall be used to hire and
    train such experienced and qualified personnel as are necessary to
    implement on-the-ground supervision and enforcement of the land use
    plans required pursuant to section 1712 of this title and such
    allotment management plans as may be developed. Such funds shall be
    distributed as the Secretary deems advisable after careful and
    considered consultation and coordination, including public hearings
    and meetings where appropriate, with the district grazing advisory
    boards established pursuant to section 1753 of this title, and the
    advisory councils established pursuant to section 1739 of this
    title, range user representatives, and other interested parties. To
    the maximum extent practicable, and where economically sound, the
    Secretary shall give priority to entering into cooperative
    agreements with range users (or user groups) for the installation
    and maintenance of on-the-ground range improvements.
    (d) Environmental assessment record and environmental impact
      statement requirements
      Prior to the use of any funds authorized by this section the
    Secretary shall cause to have prepared an environmental assessment
    record on each range improvement project. Thereafter, improvement
    projects may be constructed unless the Secretary determines that
    the project will have a significant impact on the quality of human
    environment, necessitating an environmental impact statement
    pursuant to the National Environmental Policy Act [42 U.S.C. 4321
    et seq.] prior to the expenditure of funds.

-SOURCE-
    (Pub. L. 95-514, Sec. 5, Oct. 25, 1978, 92 Stat. 1805.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      National Environmental Policy Act, referred to in subsec. (d), is
    Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
    classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 4321 of
    Title 42 and Tables.

-End-

-CITE-
    43 USC Sec. 1905                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1905. Grazing fees; economic value of use of land; fair market
      value components; annual percentage change limitation

-STATUTE-
      For the grazing years 1979 through 1985, the Secretaries of
    Agriculture and Interior shall charge the fee for domestic
    livestock grazing on the public rangelands which Congress finds
    represents the economic value of the use of the land to the user,
    and under which Congress finds fair market value for public grazing
    equals the $1.23 base established by the 1966 Western Livestock
    Grazing Survey multiplied by the result of the Forage Value Index
    (computed annually from data supplied by the Economic Research
    Service) added to the Combined Index (Beef Cattle Price Index minus
    the Price Paid Index) and divided by 100: Provided, That the annual
    increase or decrease in such fee for any given year shall be
    limited to not more than plus or minus 25 per centum of the
    previous year's fee.

-SOURCE-
    (Pub. L. 95-514, Sec. 6(a), Oct. 25, 1978, 92 Stat. 1806.)

-EXEC-
                     EX. ORD. NO. 12548. GRAZING FEES                 
      Ex. Ord. No. 12548, Feb. 14, 1986, 51 F.R. 5985, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, and in order to provide
    for establishment of appropriate fees for the grazing of domestic
    livestock on public rangelands, it is ordered as follows:
      Section 1. Determination of Fees. The Secretaries of Agriculture
    and the Interior are directed to exercise their authority, to the
    extent permitted by law under the various statutes they administer,
    to establish fees for domestic livestock grazing on the public
    rangelands which annually equals the $1.23 base established by the
    1966 Western Livestock Grazing Survey multiplied by the result of
    the Forage Value Index (computed annually from data supplied by the
    Statistical Reporting Service) added to the Combined Index (Beef
    Cattle Price Index minus the Prices Paid Index) and divided by 100;
    provided, that the annual increase or decrease in such fee for any
    given year shall be limited to not more than plus or minus 25
    percent of the previous year's fee, and provided further, that the
    fee shall not be less than $1.35 per animal unit month.
      Sec. 2. Definitions. As used in this Order, the term:
      (a) "Public rangelands" has the same meaning as in the Public
    Rangelands Improvement Act of 1978 (Public Law 95-514) [this
    chapter];
      (b) "Forage Value Index" means the weighted average estimate of
    the annual rental charge per head per month for pasturing cattle on
    private rangelands in the 11 Western States (Montana, Idaho,
    Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington,
    Oregon, and California) (computed by the Statistical Reporting
    Service from the June Enumerative Survey) divided by $3.65 and
    multiplied by 100;
      (c) "Beef Cattle Price Index" means the weighted average annual
    selling price for beef cattle (excluding calves) in the 11 Western
    States (Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona,
    Utah, Nevada, Washington, Oregon, and California) for November
    through October (computed by the Statistical Reporting Service)
    divided by $22.04 per hundred weight and multiplied by 100; and
      (d) "Prices Paid Index" means the following selected components
    from the Statistical Reporting Service's Annual National Index of
    Prices Paid by Farmers for Goods and Services adjusted by the
    weights indicated in parentheses to reflect livestock production
    costs in the Western States: 1. Fuels and Energy (14.5); 2. Farm
    and Motor Supplies (12.0); 3. Autos and Trucks (4.5); 4. Tractors
    and Self-Propelled Machinery (4.5); 5. Other Machinery (12.0); 6.
    Building and Fencing Materials (14.5); 7. Interest (6.0); 8. Farm
    Wage Rates (14.0); 9. Farm Services (18.0).
      Sec. 3. Any and all existing rules, practices, policies, and
    regulations relating to the administration of the formula for
    grazing fees in section 6(a) of the Public Rangelands Improvement
    Act of 1978 [43 U.S.C. 1905] shall continue in full force and
    effect.
      Sec. 4. This Order shall be effective immediately.
                                                          Ronald Reagan.

-End-

-CITE-
    43 USC Sec. 1906                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1906. Authority for cooperative agreements and payments
      effective as provided in appropriations

-STATUTE-
      Notwithstanding any other provision of this chapter, authority to
    enter into cooperative agreements and to make payments under this
    chapter shall be effective only to the extent or in such amounts as
    are provided in advance in appropriation Acts.

-SOURCE-
    (Pub. L. 95-514, Sec. 9, Oct. 25, 1978, 92 Stat. 1807.)

-End-

-CITE-
    43 USC Sec. 1907                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1907. National Grasslands; exemptions

-STATUTE-
      All National Grasslands are exempted from the provisions of this
    chapter.

-SOURCE-
    (Pub. L. 95-514, Sec. 11, Oct. 25, 1978, 92 Stat. 1808.)

-End-

-CITE-
    43 USC Sec. 1908                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
    Sec. 1908. Experimental stewardship program

-STATUTE-
    (a) Scope of program
      The Secretaries of Interior and Agriculture are hereby authorized
    and directed to develop and implement, on an experimental basis on
    selected areas of the public rangelands which are representative of
    the broad spectrum of range conditions, trends, and forage values,
    a program which provides incentives to, or rewards for, the holders
    of grazing permits and leases whose stewardship results in an
    improvement of the range condition of lands under permit or lease.
    Such program shall explore innovative grazing management policies
    and systems which might provide incentives to improve range
    conditions. These may include, but need not be limited to - 
        (1) cooperative range management projects designed to foster a
      greater degree of cooperation and coordination between the
      Federal and State agencies charged with the management of the
      rangelands and with local private range users,
        (2) the payment of up to 50 per centum of the amount due the
      Federal Government from grazing permittees in the form of range
      improvement work,
        (3) such other incentives as he may deem appropriate.
    (b) Report to Congress
      No later than December 31, 1985, the Secretaries shall report to
    the Congress the results of such experimental program, their
    evaluation of the fee established in section 1905 of this title and
    other grazing fee options, and their recommendations to implement a
    grazing fee schedule for the 1986 and subsequent grazing years.

-SOURCE-
    (Pub. L. 95-514, Sec. 12, Oct. 25, 1978, 92 Stat. 1808.)

-End-

-CITE-
    43 USC CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS        01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
               CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS           

-MISC1-
    Sec.                                                     
    2001.       Findings.                                             
    2002.       Statement of purposes.                                
    2003.       Definitions.                                          
    2004.       Applications for approval of proposed crude oil
                 transportation systems.                              
    2005.       Review schedule.                                      
                  (a)  Establishment.                                 
                  (b)  Additional information.                        
                  (c)  Recommendations of heads of Federal agencies.  
                  (d)  Review by Federal Trade Commission; effect on
                        the antitrust laws.                           
                  (e)  Filing and review of permits, rights-of-way
                        applications, etc., not affected.             
    2006.       Environmental impact statements.                      
                  (a)  Preparation of environmental impact statements.
                  (b)  Filing of environmental impact statements.     
                  (c)  Report of Council on Environmental Quality.    
    2007.       Decision of President.                                
                  (a)  Decision concerning approval or disapproval of
                        proposed systems.                             
                  (b)  Criteria.                                      
                  (c)  Publication of findings and decision.          
    2008.       Procedures for waiver of Federal law.                 
                  (a)  Waiver of provisions of Federal law.           
                  (b)  Joint resolution.                              
    2009.       Expedited procedures for issuance of permits:
                 enforcement of rights-of-way.                        
                  (a)  Expedited procedures for approved systems.     
                  (b)  Expedited procedures for Long Beach-Midland
                        project.                                      
                  (c)  Law governing rights-of-way.                   
    2010.       Negotiations with Government of Canada.               
    2011.       Judicial review.                                      
                  (a)  Notice.                                        
                  (b)  Review of certain Federal actions.             
                  (c)  Jurisdiction of courts.                        
    2012.       Authorization for appropriation.                      

-End-

-CITE-
    43 USC Sec. 2001                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2001. Findings

-STATUTE-
      The Congress finds and declares that - 
        (1) a serious crude oil supply shortage may soon exist in
      portions of the United States;
        (2) a large surplus of crude oil on the west coast of the
      United States is projected;
        (3) any substantial curtailment of Canadian crude oil exports
      to the United States could create a severe crude oil shortage in
      the northern tier States;
        (4) pending the authorization and completion of west-to-east
      crude oil delivery systems, Alaskan crude oil in excess of west
      coast needs will be transshipped through the Panama Canal at a
      high transportation cost;
        (5) national security and regional supply requirements may be
      such that west-to-east crude delivery systems serving both the
      northern tier States and inland States, consistent with the
      requirements of section 410 of the Act approved November 16, 1973
      (87 Stat. 594), commonly known as the Trans-Alaska Pipeline
      Authorization Act, are needed;
        (6) expeditious Federal and State decisions for west-to-east
      crude oil delivery systems are of the utmost priority; and
        (7) resolution of the west coast crude oil surplus and the need
      for crude oil in northern tier States and inland States require
      the assignment and coordination of overall responsibility within
      the executive branch to permit expedited action on all necessary
      environmental assessments and decisions on permit applications
      concerning delivery systems.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 501, Nov. 9, 1978, 92 Stat. 3157.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 410 of the Act approved November 16, 1973 (87 Stat. 594),
    commonly known as the Trans-Alaska Pipeline Authorization Act,
    referred to in par. (5), is section 410 of Pub. L. 93-153, Nov. 16,
    1973, 87 Stat. 594, which is set out as a note under section 1651
    of this title.

-CROSS-
                                DEFINITIONS                            
      The definition of "State" in section 2602 of Title 16,
    Conservation, applies to this section.

-End-

-CITE-
    43 USC Sec. 2002                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2002. Statement of purposes

-STATUTE-
      The purposes of this chapter are - 
        (1) to provide a means for - 
          (A) selecting delivery systems to transport Alaskan and other
        crude oil to northern tier States and inland States, and
          (B) resolving both the west coast crude oil surplus and the
        crude oil supply problems in the northern tier States;

        (2) to provide an expedited procedure for acting on
      applications for all Federal permits, licenses, and approvals
      required for the construction and operation or any transportation
      system approved under this chapter and the Long Beach-Midland
      project; and
        (3) to assure that Federal decisions with respect to crude oil
      transportation systems are coordinated with State decisions to
      the maximum extent practicable.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 502, Nov. 9, 1978, 92 Stat. 3157.)

-CROSS-
                                DEFINITIONS                            
      The definition of "State" in section 2602 of Title 16,
    Conservation, applies to this section.

-End-

-CITE-
    43 USC Sec. 2003                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2003. Definitions

-STATUTE-
      As used in this chapter - 
        (1) The term "northern tier States" means the States of
      Washington, Oregon, Idaho, Montana, North Dakota, Minnesota,
      Michigan, Wisconsin, Illinois, Indiana, and Ohio.
        (2) The term "inland States" means those States in the United
      States other than northern tier States and the States of
      California, Alaska, and Hawaii.
        (3) The term "crude oil transportation system" means a crude
      oil delivery system (including the location of such system) for
      transporting Alaskan and other crude oil to northern tier States
      and inland States, but such term does not include the Long Beach-
      Midland project.
        (4) The term "Long Beach-Midland project" means the crude oil
      delivery system which was the subject of, and is generally
      described in, the "Final Environmental Impact Statement, Crude
      Oil Transportation System: Valdez, Alaska, to Midland, Texas (as
      proposed by Sohio Transportation Company)", the availability of
      which was announced by the Department of the Interior in the
      Federal Register on June 1, 1977 (42 Fed. Reg. 28008).
        (5) The term "Federal agency" means an Executive agency, as
      defined in section 105 of title 5.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 503, Nov. 9, 1978, 92 Stat. 3158.)

-CROSS-
                                DEFINITIONS                            
      The definition of "State" in section 2602 of Title 16,
    Conservation, applies to this section.

-End-

-CITE-
    43 USC Sec. 2004                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2004. Applications for approval of proposed crude oil
      transportation systems

-STATUTE-
      The following applications for construction and operation of a
    crude oil transportation system submitted to the Secretary of the
    Interior by an applicant are eligible for consideration under this
    chapter:
        (1) Applications received by the Secretary before the 30th day
      after November 9, 1978.
        (2) Applications received by the Secretary during the 60-day
      period beginning on the 30th day after November 9, 1978, if the
      Secretary determines that consideration and review of the
      proposal contained in such application is in the national
      interest and that such consideration and review could be
      completed within the time limits established under this chapter.

    An application under this section may be accepted by the Secretary
    only if it contains a general description of the route of the
    proposed system and identification of the applicant and any other
    person who, at the time of filing, has a financial or other
    interest in the system or is a party to an agreement under which
    such person would acquire a financial or other interest in the
    system.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 504, Nov. 9, 1978, 92 Stat. 3158.)

-End-

-CITE-
    43 USC Sec. 2005                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2005. Review schedule

-STATUTE-
    (a) Establishment
      The Secretary of the Interior, after consultation with the heads
    of appropriate Federal agencies, shall establish an expedited
    schedule for conducting reviews and making recommendations
    concerning crude oil transportation systems proposed in
    applications filed under section 2004 of this title and for
    obtaining information necessary for environmental impact statements
    required under section 4332 of title 42 with respect to such
    proposed systems.
    (b) Additional information
      (1) On his own initiative or at the request of the head of any
    Federal agency covered by the review schedule established under
    subsection (a) of this section, the Secretary of the Interior shall
    require that an applicant provide such additional information as
    may be necessary to conduct the review of the applicant's proposal.
    Such information may include - 
        (A) specific details of the route (and alternative routes) and
      identification of Federal lands affected by any such route;
        (B) information necessary for environmental impact statements;
      and
        (C) information necessary for the President's determination
      under section 2007(a) of this title.

      (2) If, within a reasonable time, an applicant does not - 
        (A) provide information required under this subsection, or
        (B) comply with any requirement of section 1734 of this title,

    the Secretary of the Interior may declare the application
    ineligible for consideration under this chapter. After making such
    a declaration, the Secretary of the Interior shall notify the
    applicant and the President of such ineligibility.
    (c) Recommendations of heads of Federal agencies
      (1) Pursuant to the schedule established under subsection (a) of
    this section, heads of Federal agencies covered by such schedule
    shall conduct a review of a proposed crude oil transportation
    system eligible for consideration under this chapter and shall
    submit their recommendations concerning such systems (and the basis
    for such recommendations) to the Secretary of the Interior for
    submission to the President. After receipt of such recommendations
    and before their submission to the President, the Secretary of the
    Interior shall provide an opportunity for comments in accordance
    with paragraph (2). The Secretary of the Interior shall forward
    such comments to the President with the recommendations - 
        (A) in the case of applications filed under section 2004(1) of
      this title, on or before December 1, 1978, and
        (B) in the case of applications filed under section 2004(2) of
      this title, on or before the 60th day after December 1, 1978.

      (2)(A) After receipt of recommendations under paragraph (1) the
    Secretary of the Interior shall provide appropriate means by which
    the Governor and any other official of any State and any official
    of any political subdivision of a State, may submit written
    comments concerning proposed crude oil transportation systems
    eligible for consideration under this chapter.
      (B) After receipt of recommendations referred to in subparagraph
    (A), the Secretary of the Interior shall make such comments and
    recommendations available to the public and provide an opportunity
    for submission of written comments.
    (d) Review by Federal Trade Commission; effect on the antitrust
      laws
      (1) Promptly after he receives an application for a proposed
    crude oil transportation system eligible for consideration under
    this chapter, the Secretary of the Interior shall submit to the
    Federal Trade Commission a copy of such application and such other
    information as the Commission may reasonably require. The
    Commission may prepare and submit to the President a report on the
    impact of implementation of such application upon competition and
    restraint of trade and on whether such implementation would be
    inconsistent with the antitrust laws. Such report shall be made
    available to the public. Nothing in this subsection shall be
    construed to prevent the President from making his decision under
    section 2007(a) of this title in the absence of such report.
      (2) Nothing in this chapter shall bar the Attorney General or any
    other appropriate officer or agent of the United States from
    challenging any anticompetitive act or practice related to the
    ownership, construction, or operation of any crude oil
    transportation system approved under this chapter. The approval of
    any such system under this chapter shall not be deemed to convey to
    any person immunity from civil or criminal liability or to create
    defenses to actions under the antitrust laws and shall not modify
    or abridge any private right of action under such laws.
    (e) Filing and review of permits, rights-of-way applications, etc.,
      not affected
      Nothing in this chapter shall be construed to prevent the
    acceptance and review by any Federal agency of any application for
    any Federal permit, right-of-way, or other authorizations under
    other provisions of law for a crude oil transportation system
    eligible for consideration under this chapter; except that any
    determination with respect to such an application may be made only
    in accordance with the provisions of section 2009(a) of this title.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 505, Nov. 9, 1978, 92 Stat. 3158.)

-CROSS-
                                DEFINITIONS                            
      The definitions of "State" and "antitrust laws" in section 2602
    of Title 16, Conservation, apply to this section.

-End-

-CITE-
    43 USC Sec. 2006                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2006. Environmental impact statements

-STATUTE-
    (a) Preparation of environmental impact statements
      Any Federal agency required under section 102 of the National
    Environmental Policy Act of 1969 (42 U.S.C. 4332) to issue an
    environmental impact statement concerning a proposed crude oil
    transportation system eligible for consideration under this chapter
    shall, in preparing such statement, utilize, to the maximum extent
    practicable and consistent with such Act [42 U.S.C. 4321 et seq.],
    appropriate data, analyses, conclusions, findings, and decisions
    regarding environmental impacts developed or made by any other
    Federal or State agency.
    (b) Filing of environmental impact statements
      On or before December 1, 1978, all environmental impact
    statements concerning proposed crude oil transportation systems
    eligible for consideration under this chapter and required under
    section 102 of the National Environmental Policy Act of 1969 [42
    U.S.C. 4332] shall be completed, made available for public review
    and comment, revised to the extent appropriate in light of such
    comment, and submitted to the President and the Council on
    Environmental Quality; except that in the case of any environmental
    impact statement concerning any crude oil transportation system
    which is eligible for consideration and which was filed under
    section 2004(2) of this title, such actions may be taken not later
    than 60 days after December 1, 1978.
    (c) Report of Council on Environmental Quality
      Promptly after receiving an environmental impact statement
    referred to in subsection (b) of this section for a crude oil
    transportation system, the Council on Environmental Quality shall
    submit to the President a report on the Council's opinion
    concerning such statement and concerning other matters related to
    the environmental impact of such system.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 506, Nov. 9, 1978, 92 Stat. 3160.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Such Act, referred to in subsec. (a), means the National
    Environmental Policy Act of 1969, Pub. L. 91-190, Jan. 1, 1970, 83
    Stat. 852, as amended, which is classified generally to chapter 55
    (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 4321 of Title 42 and Tables.

-CROSS-
                                DEFINITIONS                            
      The definition of "State agency" in section 2602 of Title 16,
    Conservation, applies to this section.

-End-

-CITE-
    43 USC Sec. 2007                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2007. Decision of President

-STATUTE-
    (a) Decision concerning approval or disapproval of proposed systems
      (1) After reviewing all the information submitted to him
    concerning the various proposed crude oil transportation systems
    eligible for consideration under this chapter (including
    environmental impact statements, comments, reports,
    recommendations, and other information submitted to him at any time
    before he makes his decision) and after consulting the Secretaries
    of Energy, the Interior, and Transportation, the President shall
    decide which, if any, of such systems shall be approved for the
    purposes of section 2008 of this title (relating to procedures for
    waiver of law), section 2009 of this title (relating to expedited
    procedures for issuance of permits), section 2010 of this title
    (relating to negotiations with the Government of Canada), and
    section 2011 of this title (relating to judicial review). A
    decision approving a crude oil transportation system may include
    such modifications and alterations in such system as the President
    finds appropriate. The President shall issue his decision within 45
    days after receiving recommendations and comments submitted to him
    under section 2005(c) of this title, except that the President, for
    such period as he deems necessary, but not to exceed 60 days, may
    delay his decision and its issuance if he determines that
    additional time is otherwise necessary to enable him to make a
    decision. If the President so delays his decision, he shall
    promptly notify the House of Representatives and the Senate of such
    delay and shall submit a full explanation of the basis for such
    delay.
      (2) Any decision made under this subsection approving a system
    proposed under this chapter shall include a determination that
    construction and operation of such system is in the national
    interest and shall be based upon the criteria specified in
    subsection (b) of this section.
    (b) Criteria
      (1) The criteria for making a decision under this subsection
    shall include findings of - 
        (A) environmental impacts of the proposed systems and the
      capability of such systems to minimize environmental risks
      resulting from transportation of crude oil;
        (B) the amount of crude oil available to northern tier States
      and inland States and the projected demand in those States under
      each of such systems;
        (C) transportation costs and delivered prices of crude oil by
      region under each of such systems;
        (D) construction schedules for each of such systems and
      possibilities for delay in such schedules;
        (E) feasibility of financing for each of such systems;
        (F) capital and operating costs of each of such systems,
      including an analysis of the reliability of cost estimates and
      the risk of cost overruns;
        (G) net national economic costs and benefits of each such
      system;
        (H) the extent to which each system complies with the
      provisions of section 410 of the Act approved November 16, 1973
      (87 Stat. 594), commonly known as the Trans-Alaska Pipeline
      Authorization Act;
        (I) the effect of each such system on international relations,
      including the status and time schedule for any necessary Canadian
      approvals and plans;
        (J) impact upon competition by each system;
        (K) degree of safety and efficiency of design and operation of
      each system;
        (L) potential for interruption of deliveries of crude oil from
      the west coast under each such system;
        (M) capacity and cost of expanding such system to transport
      additional volumes of crude oil in excess of initial system
      capacity;
        (N) national security considerations under each such system;
        (O) relationship of each such system to national energy policy;
      and
        (P) such other factors as the President deems appropriate.

      (2) The period of time for which such findings shall be made
    shall be the useful life of the crude oil transportation system
    involved.
    (c) Publication of findings and decision
      The President shall make available to the public at the time of
    issuance of a decision under this section a written statement
    setting forth findings with respect to each of the criteria
    specified in subsection (b) of this section and describing the
    nature and route of crude oil transportation systems, if any, which
    are approved in the decision. If the President's decision is to
    approve a system, each statement shall set forth his reasons for
    approving such system over other proposed systems (if any) eligible
    for consideration under this chapter. Such statement along with
    notification of such decision shall be published in the Federal
    Register.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 507, Nov. 9, 1978, 92 Stat. 3160.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 410 of the Act approved November 16, 1973 (87 Stat. 594),
    commonly known as the Trans-Alaska Pipeline Authorization Act,
    referred to in subsec. (b)(1)(H), is section 410 of Pub. L. 93-153,
    Nov. 16, 1973, 87 Stat. 594, which is set out as a note under
    section 1651 of this title.

-End-

-CITE-
    43 USC Sec. 2008                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2008. Procedures for waiver of Federal law

-STATUTE-
    (a) Waiver of provisions of Federal law
      The President may identify those provisions of Federal law
    (including any law or laws regarding the location of a crude oil
    transportation system but not including any provision of the
    antitrust laws) which, in the national interest, as determined by
    the President, should be waived in whole or in part to facilitate
    construction or operation of any such system approved under section
    2007 of this title or of the Long Beach-Midland project, and he
    shall submit any such proposed waiver to both Houses of the
    Congress. The provisions so identified shall be waived with respect
    to actions to be taken to construct or operate such system or
    project only upon enactment of a joint resolution within the first
    period of 60 calendar days of continuous session of Congress
    beginning on the date of receipt by the House of Representatives
    and the Senate of such proposal.
    (b) Joint resolution
      The resolving clause of the joint resolution referred to in
    subsection (a) of this section is as follows: "That the House of
    Representatives and Senate approve the waiver of the provisions of
    law (    ) as proposed by the President, submitted to the Congress
    on      , 19 .". The first blank space therein being filled with
    the citation to the provisions of law proposed to be waived by the
    President and the second blank space therein being filled with the
    date on which the President submits his decision to wave (!1) such
    provisions of law to the House of Representatives and the Senate.
    Rules and procedures for consideration of any such joint resolution
    shall be governed by section 719f(c) and (d) of title 15, other
    than paragraph (2) of section 719f(d) of title 15, except that for
    the purposes of this subsection, the phrase "a waiver of provisions
    of law" shall be substituted in section 719f(d) of title 15 each
    place where the phrase "an Alaska natural gas transportation
    system" appears.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 508, Nov. 9, 1978, 92 Stat. 3162.)

-CROSS-
                                DEFINITIONS                            
      The definition of "antitrust laws" in section 2602 of Title 16,
    Conservation, applies to this section.

-FOOTNOTE-
    (!1) So in original. Probably should be "waive".

-End-

-CITE-
    43 USC Sec. 2009                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2009. Expedited procedures for issuance of permits:
      enforcement of rights-of-way

-STATUTE-
    (a) Expedited procedures for approved systems
      After issuance of a decision by the President approving any crude
    oil transportation system, all Federal officers and agencies shall
    expedite, to the maximum extent practicable, consistent with
    applicable provisions of law, all actions necessary to determine
    whether to issue, administer, or enforce rights-of-way across
    Federal lands and to issue Federal permits in connection with, or
    otherwise to authorize, construction and operation of such system.
    Any such action shall be consistent with applicable provisions of
    law. After taking any such action, such officer or agency shall
    publish notification of the taking of such action in the Federal
    Register.
    (b) Expedited procedures for Long Beach-Midland project
      All decisions regarding issuance of Federal permits, rights-of-
    way, and leases and other Federal authorizations necessary for
    construction and operation of the Long Beach-Midland project shall
    be consistent with applicable provisions of Federal law, except
    that such decisions shall be made within 30 days after the date
    this chapter becomes effective. The President may extend the date
    by which such decisions, under the preceding sentence, are to be
    made to a date not later than 90 days after the effective date of
    this chapter. Notification of the making of such decisions shall be
    published in the Federal Register. Nothing in this section affects
    any decision made before November 9, 1978.
    (c) Law governing rights-of-way
      Rights-of-way over any Federal land with respect to an approved
    crude oil transportation system or the Long Beach-Midland project
    shall be governed by the provisions of section 185 of title 30,
    other than subsection (w)(2) of such section.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 509, Nov. 9, 1978, 92 Stat. 3162.)

-End-

-CITE-
    43 USC Sec. 2010                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2010. Negotiations with Government of Canada

-STATUTE-
      With respect to any crude oil transportation system approved
    under section 2007(a) of this title all or any part of which is to
    be located in Canada, the President of the United States is
    authorized and requested to enter into negotiations with the
    Government of Canada to determine what measures can be taken to
    expedite the granting of approvals by the Government of Canada for
    construction or operation of such system, and he is authorized and
    requested to explore the possibility of further exchanges of crude
    oil supplies between the United States and Canada.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 510, Nov. 9, 1978, 92 Stat. 3163.)

-End-

-CITE-
    43 USC Sec. 2011                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2011. Judicial review

-STATUTE-
    (a) Notice
      The President or any other Federal officer shall cause notice to
    be published in the Federal Register and in newspapers of general
    circulation in the areas affected whenever he makes any decision
    described in subsection (b) of this section.
    (b) Review of certain Federal actions
      Any action seeking judicial review of an action or decision of
    the President or any other Federal officer taken or made after
    November 9, 1978, concerning the approval or disapproval of a crude
    oil transportation system or the issuance of necessary rights-of-
    way, permits, leases, and other authorizations for the
    construction, operation, and maintenance of the Long Beach-Midland
    project or a crude oil transportation system approved under section
    2007(a) of this title may only be brought within 60 days after the
    date on which notification of the action or decision of such
    officer is published in the Federal Register, or in newspapers of
    general circulation in the areas affected, whichever is later.
    (c) Jurisdiction of courts
      An action under subsection (b) of this section shall be barred
    unless a petition is filed within the time specified. Any such
    petition shall be filed in the appropriate United States district
    court. A copy of such petition shall be transmitted by the clerk of
    such court to the Secretary. Notwithstanding the amount in
    controversy, such court shall have jurisdiction to determine such
    proceeding in accordance with the procedures hereinafter provided
    and to provide appropriate relief. No State or local court shall
    have jurisdiction of any such claim whether in a proceeding
    instituted before, on, or after the date this chapter becomes
    effective. No court shall have jurisdiction to grant any injunctive
    relief against the issuance of any right-of-way, permit, lease, or
    other authorization in connection with a crude oil transportation
    system approved under section 2007(a) of this title or the Long
    Beach-Midland project, except as part of a final judgment entered
    in a case involving a claim filed pursuant to this section.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 511, Nov. 9, 1978, 92 Stat. 3163;
    Pub. L. 98-620, title IV, Sec. 402(45), Nov. 8, 1984, 98 Stat.
    3360.)

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (c). Pub. L. 98-620 struck out provision that any
    such proceeding had to be assigned for hearing at the earliest
    possible date and had to be expedited by the court.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note
    under section 1657 of Title 28, Judiciary and Judicial Procedure.

-CROSS-
                                DEFINITIONS                            
      The definition of "State" in section 2602 of Title 16,
    Conservation, applies to this section.

-End-

-CITE-
    43 USC Sec. 2012                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 38 - CRUDE OIL TRANSPORTATION SYSTEMS

-HEAD-
    Sec. 2012. Authorization for appropriation

-STATUTE-
      There are authorized to be appropriated to the Secretary of the
    Interior to carry out his responsibilities under this chapter not
    to exceed $500,000 for the fiscal year ending on September 30,
    1978, and not to exceed $1,000,000 for the fiscal year ending on
    September 30, 1979.

-SOURCE-
    (Pub. L. 95-617, title V, Sec. 512, Nov. 9, 1978, 92 Stat. 3164.)

-End-

-CITE-
    43 USC CHAPTER 39 - ABANDONED SHIPWRECKS                    01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-
                     CHAPTER 39 - ABANDONED SHIPWRECKS                 

-MISC1-
    Sec.                                                     
    2101.       Findings.                                             
    2102.       Definitions.                                          
    2103.       Rights of access.                                     
                  (a)  Access rights.                                 
                  (b)  Parks and protected areas.                     
    2104.       Preparation of guidelines.                            
                  (a)  Purposes of guidelines; publication in Federal
                        Register.                                     
                  (b)  Consultation.                                  
                  (c)  Use of guidelines in developing legislation and
                        regulations.                                  
    2105.       Rights of ownership.                                  
                  (a)  United States title.                           
                  (b)  Notice of shipwreck location; eligibility
                        determination for inclusion in National
                        Register of Historic Places.                  
                  (c)  Transfer of title to States.                   
                  (d)  Exception.                                     
                  (e)  Reservation of rights.                         
    2106.       Relationship to other laws.                           
                  (a)  Law of salvage and law of finds.               
                  (b)  Laws of United States.                         
                  (c)  Effective date.                                

-End-

-CITE-
    43 USC Sec. 2101                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-
    Sec. 2101. Findings

-STATUTE-
      The Congress finds that - 
        (a) States have the responsibility for management of a broad
      range of living and nonliving resources in State waters and
      submerged lands; and
        (b) included in the range of resources are certain abandoned
      shipwrecks, which have been deserted and to which the owner has
      relinquished ownership rights with no retention.

-SOURCE-
    (Pub. L. 100-298, Sec. 2, Apr. 28, 1988, 102 Stat. 432.)

-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 100-298 provided that: "This Act [enacting
    this chapter] may be cited as the 'Abandoned Shipwreck Act of
    1987'."

-End-

-CITE-
    43 USC Sec. 2102                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-
    Sec. 2102. Definitions

-STATUTE-
      For purposes of this chapter - 
        (a) the term "embedded" means firmly affixed in the submerged
      lands or in coralline formations such that the use of tools of
      excavation is required in order to move the bottom sediments to
      gain access to the shipwreck, its cargo, and any part thereof;
        (b) the term "National Register" means the National Register of
      Historic Places maintained by the Secretary of the Interior under
      section 470a of title 16;
        (c) the terms "public lands", "Indian lands", and "Indian
      tribe" have the same meaning given the terms in the
      Archaeological Resource (!1) Protection Act of 1979 (16 U.S.C.
      470aa-470ll);

        (d) the term "shipwreck" means a vessel or wreck, its cargo,
      and other contents;
        (e) the term "State" means a State of the United States, the
      District of Columbia, Puerto Rico, Guam, the Virgin Islands,
      American Samoa, and the Northern Mariana Islands; and
        (f) the term "submerged lands" means the lands - 
          (1) that are "lands beneath navigable waters," as defined in
        section 1301 of this title;
          (2) of Puerto Rico, as described in section 749 of title 48;
          (3) of Guam, the Virgin Islands and American Samoa, as
        described in section 1705 of title 48; and
          (4) of the Commonwealth of the Northern Mariana Islands, as
        described in section 801 of Public Law 94-241.(!2)

-SOURCE-
    (Pub. L. 100-298, Sec. 3, Apr. 28, 1988, 102 Stat. 432.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Archaeological Resource Protection Act of 1979, referred to
    in subsec. (c), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, as
    amended, which is classified generally to chapter 1B (Sec. 470aa et
    seq.) of Title 16, Conservation. For complete classification of
    this Act to the Code, see Short Title note set out under section
    470aa of Title 16 and Tables.
      Section 801 of Public Law 94-241, referred to in subsec. (f)(4),
    probably means section 801 of the Covenant to Establish a
    Commonwealth of the Northern Mariana Islands in Political Union
    with the United States of America, as contained in section 1 of
    Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263, which is set out as a
    note under section 1801 of Title 48, Territories and Insular
    Possessions.

-FOOTNOTE-
    (!1) So in original. Probably should be "Resources".

               

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 2103                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-
    Sec. 2103. Rights of access

-STATUTE-
    (a) Access rights
      In order to - 
        (1) clarify that State waters and shipwrecks offer recreational
      and educational opportunities to sport divers and other
      interested groups, as well as irreplaceable State resources for
      tourism, biological sanctuaries, and historical research; and
        (2) provide that reasonable access by the public to such
      abandoned shipwrecks be permitted by the State holding title to
      such shipwrecks pursuant to section 2105 of this title,

    it is the declared policy of the Congress that States carry out
    their responsibilities under this chapter to develop appropriate
    and consistent policies so as to - 
        (A) protect natural resources and habitat areas;
        (B) guarantee recreational exploration of shipwreck sites; and
        (C) allow for appropriate public and private sector recovery of
      shipwrecks consistent with the protection of historical values
      and environmental integrity of the shipwrecks and the sites.
    (b) Parks and protected areas
      In managing the resources subject to the provisions of this
    chapter, States are encouraged to create underwater parks or areas
    to provide additional protection for such resources. Funds
    available to States from grants from the Historic Preservation Fund
    shall be available, in accordance with the provisions of title I of
    the National Historic Preservation Act, for the study,
    interpretation, protection, and preservation of historic shipwrecks
    and properties.

-SOURCE-
    (Pub. L. 100-298, Sec. 4, Apr. 28, 1988, 102 Stat. 433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Historic Preservation Act, referred to in subsec.
    (b), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended.
    Title I of the Act is classified generally to sections 470a, 470b,
    and 470c to 470h-3 of Title 16, Conservation. For complete
    classification of this Act to the Code, see section 470(a) of Title
    16 and Tables.

-End-

-CITE-
    43 USC Sec. 2104                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-
    Sec. 2104. Preparation of guidelines

-STATUTE-
    (a) Purposes of guidelines; publication in Federal Register
      In order to encourage the development of underwater parks and the
    administrative cooperation necessary for the comprehensive
    management of underwater resources related to historic shipwrecks,
    the Secretary of the Interior, acting through the Director of the
    National Park Service, shall within nine months after April 28,
    1988, prepare and publish guidelines in the Federal Register which
    shall seek to:
        (1) maximize the enhancement of cultural resources;
        (2) foster a partnership among sport divers, fishermen,
      archeologists, salvors, and other interests to manage shipwreck
      resources of the States and the United States;
        (3) facilitate access and utilization by recreational
      interests;
        (4) recognize the interests of individuals and groups engaged
      in shipwreck discovery and salvage.
    (b) Consultation
      Such guidelines shall be developed after consultation with
    appropriate public and private sector interests (including the
    Secretary of Commerce, the Advisory Council on Historic
    Preservation, sport divers, State Historic Preservation Officers,
    professional dive operators, salvors, archeologists, historic
    preservationists, and fishermen).
    (c) Use of guidelines in developing legislation and regulations
      Such guidelines shall be available to assist States and the
    appropriate Federal agencies in developing legislation and
    regulations to carry out their responsibilities under this chapter.

-SOURCE-
    (Pub. L. 100-298, Sec. 5, Apr. 28, 1988, 102 Stat. 433.)

-End-

-CITE-
    43 USC Sec. 2105                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-
    Sec. 2105. Rights of ownership

-STATUTE-
    (a) United States title
      The United States asserts title to any abandoned shipwreck that
    is - 
        (1) embedded in submerged lands of a State;
        (2) embedded in coralline formations protected by a State on
      submerged lands of a State; or
        (3) on submerged lands of a State and is included in or
      determined eligible for inclusion in the National Register.
    (b) Notice of shipwreck location; eligibility determination for
      inclusion in National Register of Historic Places
      The public shall be given adequate notice of the location of any
    shipwreck to which title is asserted under this section. The
    Secretary of the Interior, after consultation with the appropriate
    State Historic Preservation Officer, shall make a written
    determination that an abandoned shipwreck meets the criteria for
    eligibility for inclusion in the National Register of Historic
    Places under clause (a)(3) of this section.
    (c) Transfer of title to States
      The title of the United States to any abandoned shipwreck
    asserted under subsection (a) of this section is transferred to the
    State in or on whose submerged lands the shipwreck is located.
    (d) Exception
      Any abandoned shipwreck in or on the public lands of the United
    States is the property of the United States Government. Any
    abandoned shipwreck in or on any Indian lands is the property of
    the Indian tribe owning such lands.
    (e) Reservation of rights
      This section does not affect any right reserved by the United
    States or by any State (including any right reserved with respect
    to Indian lands) under - 
        (1) section 1311, 1313, or 1314 of this title; or
        (2) section 414 or 415 of title 33.

-SOURCE-
    (Pub. L. 100-298, Sec. 6, Apr. 28, 1988, 102 Stat. 433.)

-End-

-CITE-
    43 USC Sec. 2106                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-
    Sec. 2106. Relationship to other laws

-STATUTE-
    (a) Law of salvage and law of finds
      The law of salvage and the law of finds shall not apply to
    abandoned shipwrecks to which section 2105 of this title applies.
    (b) Laws of United States
      This chapter shall not change the laws of the United States
    relating to shipwrecks, other than those to which this chapter
    applies.
    (c) Effective date
      This chapter shall not affect any legal proceeding brought prior
    to April 28, 1988.

-SOURCE-
    (Pub. L. 100-298, Sec. 7, Apr. 28, 1988, 102 Stat. 434.)

-End-

-CITE-
    43 USC CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT
           RELIEF                                          01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

-HEAD-
         CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF     

-MISC1-
    Sec.                                                     
    2201.       Definitions.                                          

                      SUBCHAPTER I - DROUGHT PROGRAM                  
    2211.       Assistance during drought; water purchases.           
                  (a)  Construction, management, and conservation.    
                  (b)  Assistance to willing buyers and sellers.      
                  (c)  Water purchases by Bureau.                     
                  (d)  Water banks.                                   
    2212.       Availability of water on temporary basis.             
                  (a)  General authority.                             
                  (b)  Special provisions applicable to temporary
                        water supplies provided under this section.   
                  (c)  Contract price.                                
                  (d)  Fish and wildlife.                             
                  (e)  Nonproject water.                              
                  (f)  Reclamation Fund.                              
    2213.       Loans.                                                
    2214.       Applicable period of drought program.                 
                  (a)  In general.                                    
                  (b)  Coordination with BPA.                         
                  (c)  Termination of authority.                      
    2215.       Assistance for drought-related planning in reclamation
                 States.                                              
                  (a)  In general.                                    
                  (b)  Report.                                        

               SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING           
    2221.       Identification of opportunities for water supply
                 conservation, augmentation and use.                  
    2222.       Drought contingency plans.                            
    2223.       Plan elements.                                        
                  (a)  Plan provisions.                               
                  (b)  Federal Reclamation projects.                  
                  (c)  Drought levels.                                
                  (d)  Compliance with law.                           
                  (e)  Review.                                        
    2224.       Recommendations.                                      
                  (a)  Approval.                                      
                  (b)  Pacific Northwest region.                      
    2225.       Reclamation Drought Response Fund.                    
    2226.       Technical assistance and transfer of precipitation
                 management technology.                               
                  (a)  Technical assistance.                          
                  (b)  Technology Transfer Program.                   

           SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS       
    2241.       Authorization of appropriations.                      
    2242.       Authority of Secretary.                               
    2243.       Temperature control at Shasta Dam, Central Valley
                 Project.                                             
    2244.       Effect of chapter on other laws.                      
                  (a)  Conformity with State and Federal law.         
                  (b)  Effect on jurisdiction, authority, and water
                        rights.                                       
    2245.       Excess storage and carrying capacity.                 
    2246.       Report.                                               
    2247.       Federal Reclamation laws.                             

-End-

-CITE-
    43 USC Sec. 2201                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF

-HEAD-
    Sec. 2201. Definitions

-STATUTE-
      As used in this chapter:
        (1) The term "Secretary" means the Secretary of the Interior.
        (2) The term "Federal Reclamation laws" means the Act of June
      17, 1902 (32 Stat. 388) and Acts supplementary thereto and
      amendatory thereof.
        (3) The term "Federal Reclamation project" means any project
      constructed or funded under Federal Reclamation law. Such term
      includes projects having approved loans under the Small
      Reclamation Projects Act of 1956 (70 Stat. 1044) [43 U.S.C. 422a
      et seq.].

-SOURCE-
    (Pub. L. 102-250, Sec. 2, Mar. 5, 1992, 106 Stat. 53.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 17, 1902 (32 Stat. 388) and Acts supplementary
    thereto and amendatory thereof, referred to in par. (2), is act
    June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known
    as the Reclamation Act, which is classified generally to chapter 12
    (Sec. 371 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    371 of this title and Tables.
      The Small Reclamation Projects Act of 1956, referred to in par.
    (3), is act Aug. 6, 1956, ch. 972, 70 Stat. 1044, as amended, which
    is classified generally to subchapter IV (Sec. 422a et seq.) of
    chapter 12 of this title. For complete classification of this Act
    to the Code, see section 422k of this title and Tables.

-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 102-250 provided that: "This Act [enacting
    this chapter] may be cited as the 'Reclamation States Emergency
    Drought Relief Act of 1991'."

-End-

-CITE-
    43 USC SUBCHAPTER I - DROUGHT PROGRAM                       01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-
                      SUBCHAPTER I - DROUGHT PROGRAM                  

-End-

-CITE-
    43 USC Sec. 2211                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-
    Sec. 2211. Assistance during drought; water purchases

-STATUTE-
    (a) Construction, management, and conservation
      Consistent with existing contractual arrangements and applicable
    State and applicable Federal law, and without further
    authorization, the Secretary is authorized to undertake
    construction, management, and conservation activities that will
    minimize, or can be expected to have an effect in minimizing,
    losses and damages resulting from drought conditions. Any
    construction activities undertaken pursuant to the authority of
    this subsection shall be limited to temporary facilities designed
    to minimize losses and damages from drought conditions, except that
    wells drilled to minimize losses and damages from drought
    conditions may be permanent facilities.
    (b) Assistance to willing buyers and sellers
      In order to minimize losses and damages resulting from drought
    conditions, the Secretary may provide nonfinancial assistance to
    willing buyers in their purchase of available water supplies from
    willing sellers.
    (c) Water purchases by Bureau
      In order to minimize losses and damages resulting from drought
    conditions, the Secretary may purchase water from willing sellers,
    including, but not limited to, water made available by Federal
    Reclamation project contractors through conservation or other means
    with respect to which the seller has reduced the consumption of
    water. Except with respect to water stored, conveyed or delivered
    to Federal and State wildlife habitat, the Secretary shall deliver
    such water pursuant to temporary contracts under section 2212 of
    this title: Provided, That any such contract shall require recovery
    of any costs, including interest if applicable, incurred by the
    Secretary in acquiring such water.
    (d) Water banks
      In order to respond to a drought, the Secretary is authorized to
    participate in water banks established by a State.

-SOURCE-
    (Pub. L. 102-250, title I, Sec. 101, Mar. 5, 1992, 106 Stat. 53.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Bureau, referred to in heading for subsec. (c), probably
    means the Bureau of Reclamation.

-MISC1-
                        TERMINATION OF AUTHORITIES                    
      For provisions directing that authorities established under this
    subchapter shall terminate ten years after Mar. 5, 1992, see
    section 2214(c) of this title.

                           DESERT TERMINAL LAKES                       
      Pub. L. 107-206, title I, Sec. 103, Aug. 2, 2002, 116 Stat. 823,
    provided that: "Not later than 14 days after the date of enactment
    of this Act [Aug. 2, 2002], the Secretary of Agriculture shall
    carry out the transfer of funds under section 2507(a) of the Food
    Security and Rural Investment Act of 2002 (Public Law 107-171) [set
    out below]."
      Pub. L. 107-171, title II, Sec. 2507, May 13, 2002, 116 Stat.
    275, provided that:
      "(a) In General. - Subject to subsection (b), as soon as
    practicable after the date of enactment of this Act [May 13, 2002],
    the Secretary of Agriculture shall transfer $200,000,000 of the
    funds of the Commodity Credit Corporation to the Bureau of
    Reclamation Water and Related Resources Account, which funds shall -
     
        "(1) be used by the Secretary of the Interior, acting through
      the Commissioner of Reclamation, to provide water to at-risk
      natural desert terminal lakes; and
        "(2) remain available until expended.
      "(b) Limitation. - The funds described in subsection (a) shall
    not be used to purchase or lease water rights."

-End-

-CITE-
    43 USC Sec. 2212                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-
    Sec. 2212. Availability of water on temporary basis

-STATUTE-
    (a) General authority
      In order to mitigate losses and damages resulting from drought
    conditions, the Secretary may make available, by temporary
    contract, project and nonproject water, and may permit the use of
    facilities at Federal Reclamation projects for the storage or
    conveyance of project or nonproject water, for use both within and
    outside an authorized project service area.
    (b) Special provisions applicable to temporary water supplies
      provided under this section
      (1) Temporary supplies
        Each temporary contract for the supply of water entered into
      pursuant to this section shall terminate no later than two years
      from the date of execution or upon a determination by the
      Secretary that water supply conditions no longer warrant that
      such contracts remain in effect, whichever occurs first. The
      costs associated with any such contract shall be repaid within
      the term of the contract.
      (2) Ownership and acreage limitations
        Lands not subject to Reclamation law that receive temporary
      irrigation water supplies under temporary contracts under this
      section shall not become subject to the ownership and acreage
      limitations or pricing provisions of Federal Reclamation law
      because of the delivery of such temporary water supplies. Lands
      that are subject to the ownership and acreage limitations of
      Federal Reclamation law shall not be exempted from those
      limitations because of the delivery of such temporary water
      supplies.
      (3) Treatment under Reclamation Reform Act of 1982
        No temporary contract entered into by the Secretary under this
      section shall be treated as a "contract" as that term is used in
      sections 203(a) and 220 of the Reclamation Reform Act of 1982
      (Public Law 97-293) [43 U.S.C. 390cc(a), 390tt].
      (4) Amendments of existing contracts
        Any amendment to an existing contract to allow a contractor to
      carry out the provisions of this subchapter shall not be
      considered a new and supplemental benefit for purposes of the
      Reclamation Reform Act of 1982 (Public Law 97-293) [43 U.S.C.
      390aa et seq.].
    (c) Contract price
      The price for project water, other than water purchased pursuant
    to section 2211(c) of this title, delivered under a temporary
    contract entered into by the Secretary under this section shall be
    at least sufficient to recover all Federal operation and
    maintenance costs and administrative costs, and an appropriate
    share of capital costs, including interest on such capital costs
    allocated to municipal and industrial water, except that, for
    project water delivered to nonproject landholdings, the price shall
    include full cost (as defined in section 202(3) of the Reclamation
    Reform Act of 1982 (Public Law 97-293; 96 Stat. 1263; 43 U.S.C.
    390bb) [43 U.S.C. 390bb(3)]). For all contracts entered into by the
    Secretary under the authority of this subchapter - 
        (1) the interest rate used for computing interest during
      construction and interest on the unpaid balance of the capital
      costs expended pursuant to this chapter shall be at a rate to be
      determined by the Secretary of the Treasury based on average
      market yields on outstanding marketable obligations of the United
      States with remaining periods to maturity of one year occurring
      during the last month of the fiscal year preceding the date of
      execution of the temporary contract; or
        (2) in the case of existing facilities the rate as authorized
      for that Federal Reclamation project; or
        (3) in the absence of such authorized rate, the interest rate
      as determined by the Secretary of the Treasury as of the
      beginning of the fiscal year in which construction was initiated
      on the basis of the computed average interest rate payable by the
      Treasury upon its outstanding marketable public obligations which
      were neither due nor callable for redemption for fifteen years
      from date of issue: Provided, That for all deliveries of water
      for municipal and industrial purposes from existing facilities to
      nonproject contractors, the rate shall be as set forth in
      paragraph (1) of this subsection.
    (d) Fish and wildlife
      The Secretary may make water from Federal Reclamation projects
    and nonproject water available on a nonreimbursable basis for the
    purposes of protecting or restoring fish and wildlife resources,
    including mitigation losses, that occur as a result of drought
    conditions or the operation of a Federal Reclamation project during
    drought conditions. The Secretary may store and convey project and
    nonproject water for fish and wildlife purposes, and may provide
    conveyance of any such water for both State and Federal wildlife
    habitat and for habitat held in private ownership. The Secretary
    may make available water for these purposes outside the authorized
    project service area. Use of the Federal storage and conveyance
    facilities for these purposes shall be on a nonreimbursable basis.
    Water made available by the Secretary in 1991 from the Central
    Valley Project, California, to the Grasslands Water District for
    the purpose of fish and wildlife shall be nonreimbursable.
    (e) Nonproject water
      The Secretary is authorized to store and convey nonproject water
    utilizing Federal Reclamation project facilities for use outside
    and inside the authorized project service area for municipal and
    industrial uses, fish and wildlife, and agricultural uses. Except
    in the case of water supplied for fish and wildlife, which shall be
    nonreimbursable, the Secretary shall charge the recipients of such
    water for such use of Federal Reclamation project facilities at a
    rate established pursuant to subsection (c) of this section.
    (f) Reclamation Fund
      The payment of capital costs attributable to the sale of project
    or nonproject water or the use of Federal Reclamation project
    facilities shall be covered into the Reclamation Fund and be placed
    to the credit of the project from which such water or use of such
    facilities is supplied.

-SOURCE-
    (Pub. L. 102-250, title I, Sec. 102, Mar. 5, 1992, 106 Stat. 54.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reclamation Reform Act of 1982, referred to in subsec.
    (b)(4), is title II of Pub. L. 97-293, Oct. 12, 1982, 96 Stat.
    1263, which enacted subchapter I-A (Sec. 390aa et seq.) of chapter
    12 of this title, amended sections 373a, 422e, 425b, and 485h of
    this title, and repealed section 383 of Title 25, Indians. For
    complete classification of this Act to the Code, see Tables.

-MISC1-
                        TERMINATION OF AUTHORITIES                    
      For provisions directing that authorities established under this
    subchapter shall terminate ten years after Mar. 5, 1992, see
    section 2214(c) of this title.

-End-

-CITE-
    43 USC Sec. 2213                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-
    Sec. 2213. Loans

-STATUTE-
      The Secretary of the Interior is authorized to make loans to
    water users for the purposes of undertaking construction,
    management, conservation activities, or the acquisition and
    transportation of water consistent with State law, that can be
    expected to have an effect in mitigating losses and damages,
    including those suffered by fish and wildlife, resulting from
    drought conditions. Such loans shall be made available under such
    terms and conditions as the Secretary deems appropriate: Provided,
    That the Secretary shall not approve any loan unless the applicant
    can demonstrate an ability to repay such loan within the term of
    the loan: Provided further, That for all loans approved by the
    Secretary under the authority of this section, the interest rate
    shall be the rate determined by the Secretary of the Treasury based
    on average market yields on outstanding marketable obligations of
    the United States with periods to maturity comparable to the
    repayment period of the loan. The repayment period for loans issued
    under this section shall not exceed fifteen years. The repayment
    period for such loans shall begin when the loan is executed.
    Sections 390cc(a) and 390tt of this title and sections 105 and 106
    of Public Law 99-546 shall not apply to any contract to repay such
    loan. The Secretary shall notify the Committee on Energy and
    Natural Resources of the Senate and the Committee on Natural
    Resources of the House of Representatives in writing of any loan
    which the Secretary intends to approve not less than thirty days
    prior to granting final approval.

-SOURCE-
    (Pub. L. 102-250, title I, Sec. 103, Mar. 5, 1992, 106 Stat. 55;
    Pub. L. 103-437, Sec. 16(a)(6), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 105 and 106 of Public Law 99-546, referred to in text,
    are sections 105 and 106 of Pub. L. 99-546, title I, Oct. 27, 1986,
    100 Stat. 3051, 3052, relating to the automatic adjustment of rates
    for contracts for delivery of water from the Central Valley project
    in California, and provisions of such contracts requiring repayment
    by project water contractors of any deficits in payments of
    operation and maintenance costs, respectively, and are not
    classified to the Code.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-437 substituted "Natural Resources" for
    "Interior and Insular Affairs" before "of the House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                        TERMINATION OF AUTHORITIES                    
      For provisions directing that authorities established under this
    subchapter shall terminate ten years after Mar. 5, 1992, see
    section 2214(c) of this title.

-End-

-CITE-
    43 USC Sec. 2214                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-
    Sec. 2214. Applicable period of drought program

-STATUTE-
    (a) In general
      The programs and authorities established under this subchapter
    shall become operative in any Reclamation State and in the State of
    Hawaii only after the Governor or Governors of the affected State
    or States, or on a reservation, when the governing body of the
    affected tribe has made a request for temporary drought assistance
    and the Secretary has determined that such temporary assistance is
    merited, or upon the approval of a drought contingency plan as
    provided in subchapter II of this chapter.
    (b) Coordination with BPA
      If a Governor referred to in subsection (a) of this section is
    the Governor of the State of Washington, Oregon, Idaho, or Montana,
    the Governor shall coordinate with the Administrator of the
    Bonneville Power Administration before making a request under
    subsection (a) of this section.
    (c) Termination of authority
      The authorities established under this subchapter shall terminate
    on September 30, 2005.

-SOURCE-
    (Pub. L. 102-250, title I, Sec. 104, Mar. 5, 1992, 106 Stat. 56;
    Pub. L. 106-566, title II, Sec. 201(a), Dec. 23, 2000, 114 Stat.
    2820.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-566, Sec. 201(a)(1), inserted
    "and in the State of Hawaii" after "Reclamation State".
      Subsec. (c). Pub. L. 106-566, Sec. 201(a)(2), substituted "on
    September 30, 2005" for "ten years after March 5, 1992".

-End-

-CITE-
    43 USC Sec. 2215                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER I - DROUGHT PROGRAM

-HEAD-
    Sec. 2215. Assistance for drought-related planning in reclamation
      States

-STATUTE-
    (a) In general
      The Secretary may provide financial assistance in the form of
    cooperative agreements in States that are eligible to receive
    drought assistance under this subchapter to promote the development
    of drought contingency plans under subchapter II of this chapter.
    (b) Report
      Not later than one year after December 23, 2000, the Secretary
    shall submit to the Congress a report and recommendations on the
    advisability of providing financial assistance for the development
    of drought contingency plans in all entities that are eligible to
    receive assistance under subchapter II of this chapter.

-SOURCE-
    (Pub. L. 102-250, title I, Sec. 105, as added Pub. L. 106-566,
    title II, Sec. 201(b), Dec. 23, 2000, 114 Stat. 2820.)

-End-

-CITE-
    43 USC SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-
               SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING           

-End-

-CITE-
    43 USC Sec. 2221                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-
    Sec. 2221. Identification of opportunities for water supply
      conservation, augmentation and use

-STATUTE-
      The Secretary is authorized to conduct studies to identify
    opportunities to conserve, augment, and make more efficient use of
    water supplies available to Federal Reclamation projects and Indian
    water resource developments in order to be prepared for and better
    respond to drought conditions. The Secretary is authorized to
    provide technical assistance to States and to local and tribal
    government entities to assist in the development, construction, and
    operation of water desalinization projects, including technical
    assistance for purposes of assessing the technical and economic
    feasibility of such projects.

-SOURCE-
    (Pub. L. 102-250, title II, Sec. 201, Mar. 5, 1992, 106 Stat. 56.)

-End-

-CITE-
    43 USC Sec. 2222                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-
    Sec. 2222. Drought contingency plans

-STATUTE-
      The Secretary, acting pursuant to the Federal Reclamation laws,
    utilizing the resources of the Department of the Interior, and in
    consultation with other appropriate Federal and State officials,
    Indian tribes, public, private, and local entities, is authorized
    to prepare or participate in the preparation of cooperative drought
    contingency plans (hereinafter in this subchapter referred to as
    "contingency plans") for the prevention or mitigation of adverse
    effects of drought conditions.

-SOURCE-
    (Pub. L. 102-250, title II, Sec. 202, Mar. 5, 1992, 106 Stat. 56.)

-End-

-CITE-
    43 USC Sec. 2223                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-
    Sec. 2223. Plan elements

-STATUTE-
    (a) Plan provisions
      Elements of the contingency plans prepared pursuant to section
    2222 of this title may include, but are not limited to, any or all
    of the following:
        (1) Water banks.
        (2) Appropriate water conservation actions.
        (3) Water transfers to serve users inside or outside authorized
      Federal Reclamation project service areas in order to mitigate
      the effects of drought.
        (4) Use of Federal Reclamation project facilities to store and
      convey nonproject water for agricultural, municipal and
      industrial, fish and wildlife, or other uses both inside and
      outside an authorized Federal Reclamation project service area.
        (5) Use of water from dead or inactive reservoir storage or
      increased use of ground water resources for temporary water
      supplies.
        (6) Water supplies for fish and wildlife resources.
        (7) Minor structural actions.
    (b) Federal Reclamation projects
      Each contingency plan shall identify the following two types of
    plan elements related to Federal Reclamation projects:
        (1) Those plan elements which pertain exclusively to the
      responsibilities and obligations of the Secretary pursuant to
      Federal Reclamation law and the responsibilities and obligations
      of the Secretary for a specific Federal Reclamation project.
        (2) Those plan elements that pertain to projects, purposes, or
      activities not constructed, financed, or otherwise governed by
      the Federal Reclamation law.
    (c) Drought levels
      The Secretary is authorized to work with other Federal and State
    agencies to improve hydrologic data collection systems and water
    supply forecasting techniques to provide more accurate and timely
    warning of potential drought conditions and drought levels that
    would trigger the implementation of contingency plans.
    (d) Compliance with law
      The contingency plans and plan elements shall comply with all
    requirements of applicable Federal law, including the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321), section 2265(a)
    of title 33, and the Fish and Wildlife Coordination Act [16 U.S.C.
    661 et seq.], and shall be in accordance with applicable State law.
    (e) Review
      The contingency plans shall include provisions for periodic
    review to assure the adequacy of the contingency plan to respond to
    current conditions, and such plans may be modified accordingly.

-SOURCE-
    (Pub. L. 102-250, title II, Sec. 203, Mar. 5, 1992, 106 Stat. 57.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The Fish and Wildlife Coordination Act, referred to in subsec.
    (d), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which
    is classified generally to sections 661 to 666c of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 661 of Title 16 and
    Tables.

-End-

-CITE-
    43 USC Sec. 2224                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-
    Sec. 2224. Recommendations

-STATUTE-
    (a) Approval
      The Secretary shall submit each plan prepared pursuant to section
    2222 of this title to the Congress, together with the Secretary's
    recommendations, including recommendations for authorizing
    legislation, if needed.
    (b) Pacific Northwest region
      A contingency plan under subsection (a) of this section for the
    State of Washington, Oregon, Idaho, or Montana, may be approved by
    the Secretary only at the request of the Governor of the affected
    State in coordination with the other States in the region and the
    Administrator of the Bonneville Power Administration.

-SOURCE-
    (Pub. L. 102-250, title II, Sec. 204, Mar. 5, 1992, 106 Stat. 57.)

-End-

-CITE-
    43 USC Sec. 2225                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-
    Sec. 2225. Reclamation Drought Response Fund

-STATUTE-
      The Secretary shall undertake a study of the need, if any, to
    establish a Reclamation Drought Response Fund to be available for
    defraying those expenses which the Secretary determines necessary
    to implement plans prepared under section 2222 of this title and to
    make loans for nonstructural and minor structural activities for
    the prevention or mitigation of the adverse effects of drought.

-SOURCE-
    (Pub. L. 102-250, title II, Sec. 205, Mar. 5, 1992, 106 Stat. 58.)

-End-

-CITE-
    43 USC Sec. 2226                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER II - DROUGHT CONTINGENCY PLANNING

-HEAD-
    Sec. 2226. Technical assistance and transfer of precipitation
      management technology

-STATUTE-
    (a) Technical assistance
      The Secretary is authorized to provide technical assistance for
    drought contingency planning in any of the States not identified in
    section 391 of this title, and the District of Columbia, Puerto
    Rico, the Republic of the Marshall Islands, the Federated States of
    Micronesia, the Trust Territory of the Pacific Islands, and upon
    termination of the Trusteeship, the Republic of Palau, the United
    States Virgin Islands, American Samoa, Guam, and the Commonwealth
    of the Northern Mariana Islands.
    (b) Technology Transfer Program
      The Secretary is authorized to conduct a Precipitation Management
    Technology Transfer Program to help alleviate problems caused by
    precipitation variability and droughts in the West, as part of a
    balanced long-term water resources development and management
    program. In consultation with State, tribal, and local water,
    hydropower, water quality and instream flow interests, areas shall
    be selected for conducting field studies cost-shared on a 50-50
    basis to validate and quantify the potential for appropriate
    precipitation management technology to augment stream flows.
    Validated technologies shall be transferred to non-Federal
    interests for operational implementation.

-SOURCE-
    (Pub. L. 102-250, title II, Sec. 206, Mar. 5, 1992, 106 Stat. 58.)

-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-

-CITE-
    43 USC SUBCHAPTER III - GENERAL AND MISCELLANEOUS
           PROVISIONS                                      01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
           SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS       

-End-

-CITE-
    43 USC Sec. 2241                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2241. Authorization of appropriations

-STATUTE-
      Except as otherwise provided in section 2243 of this title
    (relating to temperature control devices at Shasta Dam,
    California), there is authorized to be appropriated not more than
    $90,000,000 in total for fiscal years 1992, 1993, 1994, 1995, 1996,
    1999, 2000, 2001, 2002, 2003, and 2004.

-SOURCE-
    (Pub. L. 102-250, title III, Sec. 301, Mar. 5, 1992, 106 Stat. 58;
    Pub. L. 104-206, title II, Sept. 30, 1996, 110 Stat. 2992; Pub. L.
    106-60, title II, Sept. 29, 1999, 113 Stat. 488; Pub. L. 106-377,
    Sec. 1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A-67;
    Pub. L. 107-66, title II, Nov. 12, 2001, 115 Stat. 498; Pub. L. 108-
    7, div. D, title II, Feb. 20, 2003, 117 Stat. 144; Pub. L. 108-
    137, title II, Dec. 1, 2003, 117 Stat. 1847.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-137 substituted "2003, and 2004" for "and
    2003".
      Pub. L. 108-7 substituted "2002, and 2003" for "and 2002".
      2001 - Pub. L. 107-66 substituted "2001, and 2002" for "and
    2001".
      2000 - Pub. L. 106-377 substituted "2000, and 2001" for "and
    2000".
      1999 - Pub. L. 106-60 substituted "1999, and 2000" for "and
    1997".
      1996 - Pub. L. 104-206 substituted "1996, and 1997" for "and
    1996".

-End-

-CITE-
    43 USC Sec. 2242                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2242. Authority of Secretary

-STATUTE-
      The Secretary is authorized to perform any and all acts and to
    promulgate such regulations as may be necessary and appropriate for
    the purpose of implementing this chapter. In carrying out the
    authorities under this chapter, the Secretary shall give specific
    consideration to the needs of fish and wildlife, together with
    other project purposes, and shall consider temporary operational
    changes which will mitigate, or can be expected to have an effect
    in mitigating, fish and wildlife losses and damages resulting from
    drought conditions, consistent with the Secretary's other
    obligations.

-SOURCE-
    (Pub. L. 102-250, title III, Sec. 302, Mar. 5, 1992, 106 Stat. 58.)

-End-

-CITE-
    43 USC Sec. 2243                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2243. Temperature control at Shasta Dam, Central Valley
      Project

-STATUTE-
      The Secretary is authorized to complete the design and
    specifications for construction of a device to control the
    temperature of water releases from Shasta Dam, Central Valley
    Project, California, and to construct facilities needed to attach
    such device to the dam. There is authorized to be appropriated to
    carry out the authority of this section not more than $12,000,000.

-SOURCE-
    (Pub. L. 102-250, title III, Sec. 303, Mar. 5, 1992, 106 Stat. 58.)

-End-

-CITE-
    43 USC Sec. 2244                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2244. Effect of chapter on other laws

-STATUTE-
    (a) Conformity with State and Federal law
      All actions taken pursuant to this chapter pertaining to the
    diversion, storage, use, or transfer of water shall be in
    conformity with applicable State and applicable Federal law.
    (b) Effect on jurisdiction, authority, and water rights
      Nothing in this chapter shall be construed as expanding or
    diminishing State, Federal, or tribal jurisdiction or authority
    over water resources development, control, or water rights.

-SOURCE-
    (Pub. L. 102-250, title III, Sec. 304, Mar. 5, 1992, 106 Stat. 59.)

-End-

-CITE-
    43 USC Sec. 2245                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2245. Excess storage and carrying capacity

-STATUTE-
      The Secretary is authorized to enter into contracts with
    municipalities, public water districts and agencies, other Federal
    agencies, State agencies, and private entities, pursuant to the Act
    of February 21, 1911 (43 U.S.C. 523), for the impounding, storage,
    and carriage of nonproject water for domestic, municipal, fish and
    wildlife, industrial, and other beneficial purposes using any
    facilities associated with the Central Valley Project, Cachuma
    Project, and the Ventura River Project, California, the Truckee
    Storage Project, and the Washoe Project, California and Nevada. The
    Secretary is further authorized to enter into contracts for the
    exchange of water for the aforementioned purposes using facilities
    associated with the Cachuma Project, California.

-SOURCE-
    (Pub. L. 102-250, title III, Sec. 305, Mar. 5, 1992, 106 Stat. 59.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 21, 1911, referred to in text, is act Feb. 21,
    1911, ch. 141, 36 Stat. 925, popularly known as the Warren Act,
    which enacted sections 523 to 525 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 523 of this title and Tables.

-End-

-CITE-
    43 USC Sec. 2246                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2246. Report

-STATUTE-
      There shall be included as part of the President's annual budget
    submittal to the Congress a detailed report on past and proposed
    expenditures and accomplishments under this chapter.

-SOURCE-
    (Pub. L. 102-250, title III, Sec. 306, Mar. 5, 1992, 106 Stat. 59.)

-End-

-CITE-
    43 USC Sec. 2247                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 40 - RECLAMATION STATES EMERGENCY DROUGHT RELIEF
    SUBCHAPTER III - GENERAL AND MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 2247. Federal Reclamation laws

-STATUTE-
      This chapter shall constitute a supplement to the Federal
    Reclamation laws.

-SOURCE-
    (Pub. L. 102-250, title III, Sec. 307, Mar. 5, 1992, 106 Stat. 59.)

-End-

-CITE-
    43 USC CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION    01/02/2006 

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-
            CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION        

-MISC1-
    Sec.                                                     
    2301.       Findings.                                             
    2302.       Definitions.                                          
    2303.       Identification of inholdings.                         
                  (a)  In general.                                    
                  (b)  Public notice.                                 
                  (c)  Identification.                                
                  (d)  No obligation to convey or acquire.            
    2304.       Disposal of public land.                              
                  (a)  In general.                                    
                  (b)  Sale of public land.                           
                  (c)  Report in Public Land Statistics.              
                  (d)  Termination of authority.                      
    2305.       Federal Land Disposal Account.                        
                  (a)  Deposit of proceeds.                           
                  (b)  Availability.                                  
                  (c)  Use of the Federal Land Disposal Account.      
                  (d)  Contaminated sites and sites difficult and
                        uneconomic to manage.                         
                  (e)  Land and Water Conservation Fund Act.          
                  (f)  Termination.                                   
    2306.       Special provisions.                                   
                  (a)  In general.                                    
                  (b)  Other law.                                     
                  (c)  Exchanges.                                     
                  (d)  No new right or benefit.                       

-End-

-CITE-
    43 USC Sec. 2301                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-
    Sec. 2301. Findings

-STATUTE-
      Congress finds that - 
        (1) the Bureau of Land Management has authority under the
      Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
      seq.) to sell land identified for disposal under its land use
      planning;
        (2) the Bureau of Land Management has authority under that Act
      to exchange Federal land for non-Federal land if the exchange
      would be in the public interest;
        (3) through land use planning under that Act, the Bureau of
      Land Management has identified certain tracts of public land for
      disposal;
        (4) the Federal land management agencies of the Departments of
      the Interior and Agriculture have authority under existing law to
      acquire land consistent with the mission of each agency;
        (5) the sale or exchange of land identified for disposal and
      the acquisition of certain non-Federal land from willing
      landowners would - 
          (A) allow for the reconfiguration of land ownership patterns
        to better facilitate resource management;
          (B) contribute to administrative efficiency within Federal
        land management units; and
          (C) allow for increased effectiveness of the allocation of
        fiscal and human resources within the Federal land management
        agencies;

        (6) a more expeditious process for disposal and acquisition of
      land, established to facilitate a more effective configuration of
      land ownership patterns, would benefit the public interest;
        (7) many private individuals own land within the boundaries of
      Federal land management units and desire to sell the land to the
      Federal Government;
        (8) such land lies within national parks, national monuments,
      national wildlife refuges, national forests, and other areas
      designated for special management;
        (9) Federal land management agencies are facing increased
      workloads from rapidly growing public demand for the use of
      public land, making it difficult for Federal managers to address
      problems created by the existence of inholdings in many areas;
        (10) in many cases, inholders and the Federal Government would
      mutually benefit from Federal acquisition of the land on a
      priority basis;
        (11) proceeds generated from the disposal of public land may be
      properly dedicated to the acquisition of inholdings and other
      land that will improve the resource management ability of the
      Federal land management agencies and adjoining landowners;
        (12) using proceeds generated from the disposal of public land
      to purchase inholdings and other such land from willing sellers
      would enhance the ability of the Federal land management agencies
      to - 
          (A) work cooperatively with private landowners and State and
        local governments; and
          (B) promote consolidation of the ownership of public and
        private land in a manner that would allow for better overall
        resource management;

        (13) in certain locations, the sale of public land that has
      been identified for disposal is the best way for the public to
      receive fair market value for the land; and
        (14) to allow for the least disruption of existing land and
      resource management programs, the Bureau of Land Management may
      use non-Federal entities to prepare appraisal documents for
      agency review and approval consistent with applicable provisions
      of the Uniform Standards for Federal Land Acquisition.

-SOURCE-
    (Pub. L. 106-248, title II, Sec. 202, July 25, 2000, 114 Stat.
    613.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Land Policy and Management Act of 1976, referred to
    in pars. (1) to (3), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
    2743, as amended, which is classified principally to chapter 35
    (Sec. 1701 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1701 of this title and Tables.

-MISC1-
                                SHORT TITLE                            
      Pub. L. 106-248, title II, Sec. 201, July 25, 2000, 114 Stat.
    613, provided that: "This title [enacting this chapter] may be
    cited as the 'Federal Land Transaction Facilitation Act'."

-End-

-CITE-
    43 USC Sec. 2302                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-
    Sec. 2302. Definitions

-STATUTE-
      In this chapter:
      (1) Exceptional resource
        The term "exceptional resource" means a resource of scientific,
      natural, historic, cultural, or recreational value that has been
      documented by a Federal, State, or local governmental authority,
      and for which there is a compelling need for conservation and
      protection under the jurisdiction of a Federal agency in order to
      maintain the resource for the benefit of the public.
      (2) Federally designated area
        The term "federally designated area" means land in Alaska and
      the eleven contiguous Western States (as defined in section
      1702(o) of this title) that on July 25, 2000, was within the
      boundary of - 
          (A) a national monument, area of critical environmental
        concern, national conservation area, national riparian
        conservation area, national recreation area, national scenic
        area, research natural area, national outstanding natural area,
        or a national natural landmark managed by the Bureau of Land
        Management;
          (B) a unit of the National Park System;
          (C) a unit of the National Wildlife Refuge System;
          (D) an area of the National Forest System designated for
        special management by an Act of Congress; or
          (E) an area within which the Secretary or the Secretary of
        Agriculture is otherwise authorized by law to acquire lands or
        interests therein that is designated as - 
            (i) wilderness under the Wilderness Act (16 U.S.C. 1131 et
          seq.);
            (ii) a wilderness study area;
            (iii) a component of the Wild and Scenic Rivers System
          under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
          seq.); or
            (iv) a component of the National Trails System under the
          National Trails System Act (16 U.S.C. 1241 et seq.).
      (3) Inholding
        The term "inholding" means any right, title, or interest, held
      by a non-Federal entity, in or to a tract of land that lies
      within the boundary of a federally designated area.
      (4) Public land
        The term "public land" means public lands (as defined in
      section 1702 of this title).
      (5) Secretary
        The term "Secretary" means the Secretary of the Interior.

-SOURCE-
    (Pub. L. 106-248, title II, Sec. 203, July 25, 2000, 114 Stat.
    614.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Wilderness Act, referred to in par. (2)(E)(i), is Pub. L. 88-
    577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified
    generally to chapter 23 (Sec. 1131 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1131 of Title 16 and
    Tables.
      The Wild and Scenic Rivers Act, referred to in par. (2)(E)(iii),
    is Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is
    classified generally to chapter 28 (Sec. 1271 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1271 of Title 16 and
    Tables.
      The National Trails System Act, referred to in par. (2)(E)(iv),
    is Pub. L. 90-543, Oct. 2, 1968, 82 Stat. 919, as amended, which is
    classified generally to chapter 27 (Sec. 1241 et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see Short Title note set out under section 1241 of Title 16 and
    Tables.

-End-

-CITE-
    43 USC Sec. 2303                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-
    Sec. 2303. Identification of inholdings

-STATUTE-
    (a) In general
      The Secretary and the Secretary of Agriculture shall establish a
    procedure to - 
        (1) identify, by State, inholdings for which the landowner has
      indicated a desire to sell the land or interest therein to the
      United States; and
        (2) prioritize the acquisition of inholdings in accordance with
      section 2305(c)(3) of this title.
    (b) Public notice
      As soon as practicable after July 25, 2000, and periodically
    thereafter, the Secretary and the Secretary of Agriculture shall
    provide public notice of the procedures referred to in subsection
    (a) of this section, including any information necessary for the
    consideration of an inholding under section 2305 of this title.
    Such notice shall include publication in the Federal Register and
    by such other means as the Secretary and the Secretary of
    Agriculture determine to be appropriate.
    (c) Identification
      An inholding - 
        (1) shall be considered for identification under this section
      only if the Secretary or the Secretary of Agriculture receive
      notification of a desire to sell from the landowner in response
      to public notice given under subsection (b) of this section; and
        (2) shall be deemed to have been established as of the later of
      - 
          (A) the earlier of - 
            (i) the date on which the land was withdrawn from the
          public domain; or
            (ii) the date on which the land was established or
          designated for special management; or

          (B) the date on which the inholding was acquired by the
        current owner.
    (d) No obligation to convey or acquire
      The identification of an inholding under this section creates no
    obligation on the part of a landowner to convey the inholding or
    any obligation on the part of the United States to acquire the
    inholding.

-SOURCE-
    (Pub. L. 106-248, title II, Sec. 204, July 25, 2000, 114 Stat.
    615.)

-End-

-CITE-
    43 USC Sec. 2304                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-
    Sec. 2304. Disposal of public land

-STATUTE-
    (a) In general
      The Secretary shall establish a program, using funds made
    available under section 2305 of this title, to complete appraisals
    and satisfy other legal requirements for the sale or exchange of
    public land identified for disposal under approved land use plans
    (as in effect on July 25, 2000) under section 1712 of this title.
    (b) Sale of public land
      (1) In general
        The sale of public land so identified shall be conducted in
      accordance with sections 1713 and 1719 of this title.
      (2) Exceptions to competitive bidding requirements
        The exceptions to competitive bidding requirements under
      section 1713(f) of this title shall apply to this section in
      cases in which the Secretary determines it to be necessary.
    (c) Report in Public Land Statistics
      The Secretary shall provide in the annual publication of Public
    Land Statistics, a report of activities under this section.
    (d) Termination of authority
      The authority provided under this section shall terminate 10
    years after July 25, 2000.

-SOURCE-
    (Pub. L. 106-248, title II, Sec. 205, July 25, 2000, 114 Stat.
    615.)

-End-

-CITE-
    43 USC Sec. 2305                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-
    Sec. 2305. Federal Land Disposal Account

-STATUTE-
    (a) Deposit of proceeds
      Notwithstanding any other law (except a law that specifically
    provides for a proportion of the proceeds to be distributed to any
    trust funds of any States), the gross proceeds of the sale or
    exchange of public land under this chapter (!1) shall be deposited
    in a separate account in the Treasury of the United States to be
    known as the "Federal Land Disposal Account".

    (b) Availability
      Amounts in the Federal Land Disposal Account shall be available
    to the Secretary and the Secretary of Agriculture, without further
    Act of appropriation, to carry out this chapter.
    (c) Use of the Federal Land Disposal Account
      (1) In general
        Funds in the Federal Land Disposal Account shall be expended in
      accordance with this subsection.
      (2) Fund allocation
        (A) Purchase of land
          Except as authorized under subparagraph (C), funds shall be
        used to purchase lands or interests therein that are otherwise
        authorized by law to be acquired, and that are - 
            (i) inholdings; and
            (ii) adjacent to federally designated areas and contain
          exceptional resources.
        (B) Inholdings
          Not less than 80 percent of the funds allocated for the
        purchase of land within each State shall be used to acquire
        inholdings identified under section 2303 of this title.
        (C) Administrative and other expenses
          An amount not to exceed 20 percent of the funds deposited in
        the Federal Land Disposal Account may be used by the Secretary
        for administrative and other expenses necessary to carry out
        the land disposal program under section 2304 of this title.
        (D) Same State purchases
          Of the amounts not used under subparagraph (C), not less than
        80 percent shall be expended within the State in which the
        funds were generated. Any remaining funds may be expended in
        any other State.
      (3) Priority
        The Secretary and the Secretary of Agriculture shall develop a
      procedure for prioritizing the acquisition of inholdings and non-
      Federal lands with exceptional resources as provided in
      paragraph (2). Such procedure shall consider - 
          (A) the date the inholding was established (as provided in
        section 2303(c) of this title);
          (B) the extent to which acquisition of the land or interest
        therein will facilitate management efficiency; and
          (C) such other criteria as the Secretary and the Secretary of
        Agriculture deem appropriate.
      (4) Basis of sale
        Any land acquired under this section shall be - 
          (A) from a willing seller;
          (B) contingent on the conveyance of title acceptable to the
        Secretary, or the Secretary of Agriculture in the case of an
        acquisition of National Forest System land, using title
        standards of the Attorney General;
          (C) at a price not to exceed fair market value consistent
        with applicable provisions of the Uniform Appraisal Standards
        for Federal Land Acquisitions; and
          (D) managed as part of the unit within which it is contained.
    (d) Contaminated sites and sites difficult and uneconomic to manage
      Funds in the Federal Land Disposal Account shall not be used to
    purchase land or an interest in land that, as determined by the
    Secretary or the Secretary of Agriculture - 
        (1) contains a hazardous substance or is otherwise
      contaminated; or
        (2) because of the location or other characteristics of the
      land, would be difficult or uneconomic to manage as Federal land.
    (e) Land and Water Conservation Fund Act
      Funds made available under this section shall be supplemental to
    any funds appropriated under the Land and Water Conservation Fund
    Act (16 U.S.C. 460l-4 et seq.).
    (f) Termination
      On termination of activities under section 2304 of this title - 
        (1) the Federal Land Disposal Account shall be terminated; and
        (2) any remaining balance in the account shall become available
      for appropriation under section 3 of the Land and Water
      Conservation Fund Act (16 U.S.C. 460l-6).

-SOURCE-
    (Pub. L. 106-248, title II, Sec. 206, July 25, 2000, 114 Stat.
    616.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act" and was translated as reading "this title", meaning
    title II of Pub. L. 106-248, which enacted this chapter, to reflect
    the probable intent of Congress.
      The Land and Water Conservation Fund Act, referred to in subsec.
    (e), probably means the Land and Water Conservation Fund Act of
    1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,
    which is classified generally to part B (Sec. 460l-4 et seq.) of
    subchapter LXIX of chapter 1 of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 460l-4 of Title 16 and Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 2306                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-
    Sec. 2306. Special provisions

-STATUTE-
    (a) In general
      Nothing in this chapter provides an exemption from any limitation
    on the acquisition of land or interest in land under any Federal
    law in effect on July 25, 2000.
    (b) Other law
      This chapter shall not apply to land eligible for sale under - 
        (1) Public Law 96-568 (!1) (commonly known as the "Santini-
      Burton Act") (94 Stat. 3381); or

        (2) the Southern Nevada Public Land Management Act of 1998 (112
      Stat. 2343).
    (c) Exchanges
      Nothing in this chapter precludes, preempts, or limits the
    authority to exchange land under authorities providing for the
    exchange of Federal lands, including but not limited to - 
        (1) the Federal Land Policy and Management Act of 1976 (43
      U.S.C. 1701 et seq.); or
        (2) the Federal Land Exchange Facilitation Act of 1988 (102
      Stat. 1086) or the amendments made by that Act.
    (d) No new right or benefit
      Nothing in this chapter (!1) creates a right or benefit,
    substantive or procedural, enforceable at law or in equity by a
    party against the United States, its agencies, its officers, or any
    other person.

-SOURCE-
    (Pub. L. 106-248, title II, Sec. 207, July 25, 2000, 114 Stat.
    617.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 96-568 (commonly known as the "Santini-Burton Act")
    (94 Stat. 3381), referred to in subsec. (b)(1), probably means Pub.
    L. 96-586, Dec. 23, 1980, 94 Stat. 3381, which repealed sections
    467a and 467a-1 of Title 16, Conservation and enacted provisions
    set out as notes under sections 461 and 467a of Title 16. For
    complete classification of this Act to the Code, see Tables.
      The Southern Nevada Public Land Management Act of 1998, referred
    to in subsec. (b)(2), is Pub. L. 105-263, Oct. 19, 1998, 112 Stat.
    2343, which amended section 460ccc-1 of Title 16, Conservation, and
    section 6901 of Title 31, Money and Finance, and enacted provisions
    set out as a note under section 6901 of Title 31. For complete
    classification of this Act to the Code, see Short Title of 1998
    Amendment note set out under section 6901 of Title 31 and Tables.
      The Federal Land Policy and Management Act of 1976, referred to
    in subsec. (c)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,
    as amended, which is classified principally to chapter 35 (Sec.
    1701 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1701 of
    this title and Tables.
      The Federal Land Exchange Facilitation Act of 1988, referred to
    in subsec. (c)(2), is Pub. L. 100-409, Aug. 20, 1988, 102 Stat.
    1086, as amended, which enacted section 1723 of this title, amended
    section 1716 of this title and sections 505a, 505b, and 521b of
    Title 16, Conservation, and enacted provisions set out as notes
    under sections 751 and 1716 of this title. For complete
    classification of this Act to the Code, see Short Title of 1988
    Amendment note set out under section 1701 of this title and Tables.
      This chapter, referred to in subsec. (d), was in the original
    "this Act" and was translated as reading "this title", meaning
    title II of Pub. L. 106-248, which enacted this chapter, to reflect
    the probable intent of Congress.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-