43 U.S.C. § 485h (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter X: PAYMENT OF CONSTRUCTION CHARGES / Section 485h: New projects; sale of water and electric power; lease of power privileges
New projects; sale of water and electric power; lease of power privileges
Status: in_force

(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

(1) The Secretary is authorized to enter into contracts to furnish water for municipal water supply or miscellaneous purposes: Provided, That any such contract either (A) 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 3½ 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 (B) 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 sales of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in existing laws related to particular projects and reserve to the Secretary the exclusive authority to develop small conduit hydropower using Bureau of Reclamation facilities and pumped storage hydropower exclusively using Bureau of Reclamation reservoirs. 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.

(2)(A) When carrying out this subsection, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the irrigation district or water users association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer for a small conduit hydropower project.

(B) If the irrigation district or water users association elects not accept 1 a lease of power privilege offer under subparagraph (A), the Secretary shall offer the lease of power privilege to other parties in accordance with this subsection.

(3) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower development under this subsection, excluding siting of associated transmission facilities on Federal lands.

(4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower policy and procedure-setting activities conducted under this subsection.

(5) Nothing in this subsection shall obligate the Western Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates.

(6) Nothing in this subsection shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or water users association operating the transferred conduit before offering the lease of power privilege and shall prescribe terms and conditions that will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved.

(7) Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues.

(8) Nothing in this subsection shall alter or affect any existing preliminary permit, license, or exemption issued by the Federal Energy Regulatory Commission under Part I of the Federal Power Act (16 U.S.C. 792 et seq.) or any project for which an application was filed with the Federal Energy Regulatory Commission before August 9, 2013, and is still pending.

(9) In this subsection:

(A) Conduit.—The term "conduit" means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.

(B) Irrigation district.—The term "irrigation district" means any irrigation, water conservation or conservancy, multicounty water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts.

(C) Reserved conduit.—The term "reserved conduit" means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation.

(D) Transferred conduit.—The term "transferred conduit" means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district.

(E) Small conduit hydropower.—The term "small conduit hydropower" means a facility capable of producing 5 megawatts or less of electric capacity.

(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 said subsection (d).

(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.

(Aug. 4, 1939, ch. 418, §9, 53 Stat. 1193; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 85–611, §§1, 3, Aug. 8, 1958, 72 Stat. 542, 543; Pub. L. 87–613, §2, Aug. 28, 1962, 76 Stat. 407; Pub. L. 97–293, title II, §226, Oct. 12, 1982, 96 Stat. 1273; Pub. L. 113–24, §2, Aug. 9, 2013, 127 Stat. 498; Pub. L. 117–58, div. D, title III, §40335, Nov. 15, 2021, 135 Stat. 1025.)

Editorial Notes

References in Text

The Rural Electrification Act of 1936, referred to in subsec. (c)(1), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of Title 7 and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (c)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§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 Power Act, referred to in subsec. (c)(8), is act June 10, 1920, ch. 285, 41 Stat. 1063. Part I of the Act is classified generally to subchapter I (§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.

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.

Amendments

2021—Subsec. (c)(1). Pub. L. 117–58, §40335(1), in fourth sentence, substituted "and reserve to the Secretary the exclusive authority to develop small conduit hydropower using Bureau of Reclamation facilities and pumped storage hydropower exclusively using Bureau of Reclamation reservoirs" for ", including small conduit hydropower development".

Subsec. (c)(8). Pub. L. 117–58, §40335(2), substituted "was filed with the Federal Energy Regulatory Commission before August 9, 2013, and is still pending" for "has been filed with the Federal Energy Regulatory Commission as of August 9, 2013".

2013—Subsec. (c). Pub. L. 113–24 designated existing provisions as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), substituted "respecting the sales of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in existing laws related to particular projects, including small conduit hydropower development" for "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", and added pars. (2) to (9).

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, §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, §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.

Statutory Notes and Related Subsidiaries

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.

Construction With Section 701–1 of Title 33

Section as amended and modified by act Dec. 22, 1944, ch. 665, §1(c), 58 Stat. 665, see section 701–1(c) of Title 33, Navigation and Navigable Waters.

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

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

Pub. L. 85–611, §2, Aug. 8, 1958, 72 Stat. 542, 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)."

1 So in original. Probably should be preceded by "to".
43 U.S.C. § 615s (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XXVII: SPOKANE VALLEY PROJECT, WASHINGTON AND IDAHO / Section 615s: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 615s, Pub. L. 86–276, §1, Sept. 16, 1959, 73 Stat. 561; Pub. L. 87–630, §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, §2, Sept. 16, 1959, 73 Stat. 562; Pub. L. 87–630, §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, §3, Sept. 16, 1959, 73 Stat. 562; Pub. L. 87–630, §1(c), Sept. 5, 1962, 76 Stat. 431, authorized appropriations for this project.
43 U.S.C. § 1543 (2024) — Title 43: PUBLIC LANDS / Chapter 32: COLORADO RIVER BASIN PROJECT / Subchapter IV: LOWER COLORADO RIVER BASIN DEVELOPMENT FUND / Section 1543: Lower Colorado River Basin Development Fund
Lower Colorado River Basin Development Fund
Status: in_force

(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 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 4½ 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 2½ 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 2½ 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), 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) and paragraphs (1) and (3) of subsection (c), the portion of revenues derived from the sale of power and energy for use in the State of Arizona pursuant to subsection (c)(2) in excess of the amount necessary to meet the requirements of paragraphs (1) and (2) of subsection (d), 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 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 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.

(Pub. L. 90–537, title IV, §403, Sept. 30, 1968, 82 Stat. 894; Pub. L. 93–320, title II, §205(b)(2), June 24, 1974, 88 Stat. 273; Pub. L. 98–381, title I, §102, Aug. 17, 1984, 98 Stat. 1333; Pub. L. 98–569, §4(f)(2), Oct. 30, 1984, 98 Stat. 2939; Pub. L. 108–451, title I, §107(a), (c), Dec. 10, 2004, 118 Stat. 3493, 3498.)

Editorial Notes

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, 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.

Amendments

2004—Subsec. (e). Pub. L. 108–451, §107(c)(2), substituted "Except as provided in subsection (f), revenues" for "Revenues".

Subsec. (f). Pub. L. 108–451, §107(a), inserted heading and text and struck out former text relating to return of costs and interest.

Subsec. (g). Pub. L. 108–451, §107(c)(1), substituted "subsection (c)(2)" for "clause (c)(2)".

1984—Subsec. (b). Pub. L. 98–381, §102(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (c)(1). Pub. L. 98–381, §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, §102(c), inserted two provisos, the first relating to the inclusion of the equivalent of 4½ 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 2½ 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 2½ 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).

Statutory Notes and Related Subsidiaries

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, §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, §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."

Payment From Development Fund to General Fund of Treasury

Pub. L. 108–447, div. C, title II, §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, §205, Dec. 1, 2003, 117 Stat. 1849.

Pub. L. 107–66, title II, §204, Nov. 12, 2001, 115 Stat. 500.

1 See References in Text note below.

2 So in original. Probably should be followed by a comma.
43 U.S.C. § 1064 (2024) — Title 43: PUBLIC LANDS / Chapter 25: UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING SETTLEMENT OR TRANSIT / Section 1064: Violations of chapter; punishment
Violations of chapter; punishment
Status: in_force

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.

(Feb. 25, 1885, ch. 149, §4, 23 Stat. 322; Mar. 10, 1908, ch. 75, 35 Stat. 40.)
43 U.S.C. § 945a (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 945a: Compensation for rights-of-way for certain reclamation projects
Compensation for rights-of-way for certain reclamation projects
Status: in_force

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.

(Pub. L. 88–561, §1, Sept. 2, 1964, 78 Stat. 808; Pub. L. 89–624, Oct. 4, 1966, 80 Stat. 873.)

Editorial Notes

Amendments

1966—Pub. L. 89–624 inserted "to the United States" and "or any State statute,".

Statutory Notes and Related Subsidiaries

Effective Date of 1966 Amendment

Pub. L. 88–561, §3, as added by Pub. L. 89–624, Oct. 4, 1966, 80 Stat. 874, 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."
43 U.S.C. § 1021 (2024) — Title 43: PUBLIC LANDS / Chapter 24: DRAINAGE UNDER STATE LAWS / Section 1021: Repealed. Pub. L. 94-579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Repealed. Pub. L. 94-579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Status: repealed

Section 1021, act May 20, 1908, ch. 181, §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, §2, 35 Stat. 169; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §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, §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, §4, 35 Stat. 170; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §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, §5, 35 Stat. 170; Sept. 5, 1916, ch. 437, 39 Stat. 722; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §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, §6, 35 Stat. 170; Sept. 5, 1916, ch. 437, 39 Stat. 723; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §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, §7, 35 Stat. 171; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §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, §1, May 1, 1958, 72 Stat. 99, related to transfer of public lands in Minnesota.

Section 1030, Pub. L. 85–387, §2, May 1, 1958, 72 Stat. 100, related to issuance of patents to State for such lands.

Section 1031, Pub. L. 85–387, §3, May 1, 1958, 72 Stat. 100, related to validity of existing claims on patented lands.

Section 1032, Pub. L. 85–387, §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, §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, §6, May 1, 1958, 72 Stat. 101, authorized promulgation of rules and regulations.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) 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.
43 U.S.C. § 1618 (2024) — Title 43: PUBLIC LANDS / Chapter 33: ALASKA NATIVE CLAIMS SETTLEMENT / Section 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
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
Status: in_force

(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 the Act of May 31, 1938 (52 Stat. 593), are hereby revoked subject to any valid existing rights of non-Natives. This section shall not apply to the Annette Island Reserve established by the Act of March 3, 1891 (26 Stat. 1101) 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) 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 ¼ 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 ¼ 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 ¼ 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 1 1616(b) 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.

(Pub. L. 92–203, §19, Dec. 18, 1971, 85 Stat. 710; Pub. L. 106–194, §1, May 2, 2000, 114 Stat. 239.)

Editorial Notes

References in Text

Act of May 31, 1938 (52 Stat. 593), referred to in subsec. (a), is act May 31, 1938, ch. 304, 52 Stat. 593, which was classified to section 497 of Title 25, Indians, prior to repeal by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.

The Annette Island Reserve established by the Act of March 3, 1891 (26 Stat. 1101), referred to in subsec. (a), probably means act Mar. 3, 1891, ch. 561, §15, 26 Stat. 1101, which was classified to section 495 of Title 25, Indians, prior to omission from the Code as being of special and not general application.

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.

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, §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]."

Statutory Notes and Related Subsidiaries

Grants to Village Corporations for Planning, Development and Other Purposes

Pub. L. 94–204, §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."

1 So in original. Probably should be "section".
43 U.S.C. § 86 (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 86: Accounting for fees for notices of cancellation of entries
Accounting for fees for notices of cancellation of entries
Status: in_force

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.

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

Executive Documents

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, §§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.
43 U.S.C. § 122 (2024) — Title 43: PUBLIC LANDS / Chapter 5: LAND DISTRICTS / Section 122: Discontinuance of land offices by Secretary of the Interior
Discontinuance of land offices by Secretary of the Interior
Status: in_force

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.

(R.S. §2248.)

Editorial Notes

Codification

R.S. §2248 derived from act June 12, 1840, ch. 36, §2, 5 Stat. 385.

Executive Documents

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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.
43 U.S.C. § 423b (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter V: ADMINISTRATION OF EXISTING PROJECTS / Section 423b: Suspension of payment of construction charges against areas temporarily unproductive
Suspension of payment of construction charges against areas temporarily unproductive
Status: in_force

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.

(May 25, 1926, ch. 383, §43, 44 Stat. 647; Apr. 23, 1930, ch. 205, 46 Stat. 249.)

Editorial Notes

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, 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.

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.
43 U.S.C. § 1629e (2024) — Title 43: PUBLIC LANDS / Chapter 33: ALASKA NATIVE CLAIMS SETTLEMENT / Section 1629e: Settlement Trust option
Settlement Trust option
Status: in_force

(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 section 1629b(a)(4) 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) 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), 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.

(Pub. L. 92–203, §39, as added Pub. L. 100–241, §10, Feb. 3, 1988, 101 Stat. 1804; amended Pub. L. 105–333, §13, Oct. 31, 1998, 112 Stat. 3135; Pub. L. 106–559, title III, §302, Dec. 21, 2000, 114 Stat. 2782; Pub. L. 108–7, div. F, title III, §337(b), Feb. 20, 2003, 117 Stat. 278; Pub. L. 109–221, title I, §101(b), May 12, 2006, 120 Stat. 337.)

Editorial Notes

Amendments

2006—Subsec. (a)(3)(B). Pub. L. 109–221, §101(b)(1), made technical correction to directory language of Pub. L. 108–7, §337(b). See 2003 Amendment note below.

Subsec. (a)(3)(B)(ii). Pub. L. 109–221, §101(b)(2), substituted "section 1629b(a)(4) of this title" for "(a)(4) of section 1629b of this title".

2003—Subsec. (a)(3)(B). Pub. L. 108–7, §337(b), as amended by Pub. L. 109–221, §101(b)(1), added subpar. (B) and struck out former subpar. (B) which 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".

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–221 effective Feb. 20, 2003, see section 101(c) of Pub. L. 109–221, set out as a note under section 1629b of this title.
43 U.S.C. § 2301 (2024) — Title 43: PUBLIC LANDS / Chapter 41: FEDERAL LAND TRANSACTION FACILITATION / Section 2301: Findings
Findings
Status: in_force

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.

(Pub. L. 106–248, title II, §202, July 25, 2000, 114 Stat. 613.)

Editorial Notes

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, which is classified principally to chapter 35 (§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.

Statutory Notes and Related Subsidiaries

Short Title of 2018 Amendment

Pub. L. 115–141, div. O, title III, §301, Mar. 23, 2018, 132 Stat. 1074, provided that: "This title [amending sections 2302 and 2304 to 2306 of this title] may be cited as the 'Federal Land Transaction Facilitation Act Reauthorization of 2018'."

Short Title

Pub. L. 106–248, title II, §201, July 25, 2000, 114 Stat. 613, provided that: "This title [enacting this chapter] may be cited as the 'Federal Land Transaction Facilitation Act'."
43 U.S.C. § 31c (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 31c: Geologic mapping program
Geologic mapping program
Status: in_force

(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);

(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 March 12, 2019;

(B) appoint, with the advice and consultation of the Association, the advisory committee not later than 1 year after March 12, 2019, in accordance with section 31d of this title; and

(C) submit biennially 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).

(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 geochronologic and paleontologic data base that provides 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;

(II) national requirements for geologic map information in areas where mapping is required to solve critical earth science problems; and

(III) the needs of land management agencies of the Department of the Interior.

(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.

(4) Abandoned mine land and mine waste component

(A) In general

The geologic mapping program shall include an abandoned mine land and mine waste geologic mapping component, the objective of which shall be to establish the geologic framework of abandoned mine land and other land containing mine waste.

(B) Mapping priorities

For the component described in subparagraph (A), the priority shall be mapping abandoned mine land and other land containing mine waste where multiple critical mineral (as defined in section 1606(a) of title 30) and metal commodities are anticipated to be present, rather than single mineral resources.

(Pub. L. 102–285, §4, May 18, 1992, 106 Stat. 167; Pub. L. 103–437, §16(a)(1), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 105–36, §3(b), Aug. 5, 1997, 111 Stat. 1108; Pub. L. 106–148, §4, Dec. 9, 1999, 113 Stat. 1720; Pub. L. 111–11, title XI, §11001(c)–(e), Mar. 30, 2009, 123 Stat. 1414, 1415; Pub. L. 116–9, title V, §5002(a)(2), Mar. 12, 2019, 133 Stat. 768; Pub. L. 117–58, div. D, title II, §40202(a), Nov. 15, 2021, 135 Stat. 959.)

Editorial Notes

Amendments

2021—Subsec. (d)(4). Pub. L. 117–58 added par. (4).

2019—Subsec. (b)(1)(A), (B). Pub. L. 116–9 substituted "March 12, 2019" for "March 30, 2009".

2009—Subsec. (b)(1)(A). Pub. L. 111–11, §11001(c)(1), substituted "not later than 1 year after March 30, 2009;" for "not later than 1 year after December 9, 1999;".

Subsec. (b)(1)(B). Pub. L. 111–11, §11001(c)(2), substituted "not later than 1 year after March 30, 2009, in accordance" for "not later than 1 year after December 9, 1999, in accordance".

Subsec. (b)(1)(C). Pub. L. 111–11, §11001(c)(3), substituted "submit biennially" for "not later than 3 years after December 9, 1999, and biennially thereafter, submit" in introductory provisions.

Subsec. (c)(2). Pub. L. 111–11, §11001(d), struck out "geophysical-map data base, geochemical-map data base, and a" after "national" and substituted "provides" for "provide".

Subsec. (d)(1)(B)(ii)(III). Pub. L. 111–11, §11001(e), added subcl. (III).

1999—Subsec. (b)(1). Pub. L. 106–148, §4(1)(A), substituted "national priorities and standards for" for "priorities" in first sentence.

Subsec. (b)(1)(A). Pub. L. 106–148, §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, §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, §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, §4(1)(D)(ii), substituted "are coordinating" for "will coordinate".

Subsec. (b)(1)(C)(ii). Pub. L. 106–148, §4(1)(D)(iii), substituted "establish" for "will establish".

Subsec. (b)(1)(C)(iii). Pub. L. 106–148, §4(1)(D)(iv), substituted "affect" for "will lead to".

Subsec. (d). Pub. L. 106–148, §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, §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, §3(b)(2)(A), (D), substituted "the Survey" for "USGS" in heading and realigned text margins.

Subsec. (b)(1). Pub. L. 105–36, §3(b)(2)(B)(i), (ii), inserted heading and realigned margins.

Subsec. (b)(1)(A). Pub. L. 105–36, §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, §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, §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, §3(b)(2)(B)(v)(III), inserted "and the Association" after "the Survey".

Subsec. (b)(1)(C)(ii). Pub. L. 105–36, §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, §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, §3(b)(2)(C)(i), inserted heading.

Subsec. (b)(2)(A). Pub. L. 105–36, §3(b)(2)(C)(ii), substituted "Association" for "State geological surveys".

Subsec. (c)(2). Pub. L. 105–36, §3(b)(3)(A), substituted "interpretative information" for "interpretive information".

Subsec. (c)(4). Pub. L. 105–36, §3(b)(3)(B), substituted "public awareness of" for "public awareness for".

Subsec. (d)(1). Pub. L. 105–36, §3(b)(4)(A), inserted heading.

Subsec. (d)(2). Pub. L. 105–36, §3(b)(4)(B)(i), inserted heading.

Subsec. (d)(2)(D). Pub. L. 105–36, §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, §3(b)(4)(C), inserted heading.

Subsec. (d)(4). Pub. L. 105–36, §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".

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
43 U.S.C. § 1351 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter III: OUTER CONTINENTAL SHELF LANDS / Section 1351: Oil and gas development and production
Oil and gas development and production
Status: in_force

(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.

(Aug. 7, 1953, ch. 345, §25, as added Pub. L. 95–372, title II, §208, Sept. 18, 1978, 92 Stat. 659.)

Editorial Notes

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, which is classified generally to chapter 55 (§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 (§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.
43 U.S.C. § 390b (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 390b: Development of water supplies for domestic, municipal, industrial, and other purposes
Development of water supplies for domestic, municipal, industrial, and other purposes
Status: in_force

(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 and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before December 23, 2022, for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence. 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) Release of future water storage

(1) Establishment of 10-year plans for the utilization of future storage

(A) In general

For the period beginning 180 days after June 10, 2014, and ending on January 1, 2016, the Secretary may accept from a State or local interest a plan for the utilization of allocated water storage for future use under this Act.

(B) Contents

A plan submitted under subparagraph (A) shall include—

(i) a 10-year timetable for the conversion of future use storage to present use; and

(ii) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Secretary, to seek new and alternative users of future water storage that is contracted to the State or local interest on June 10, 2014.

(2) Future water storage

For water resource development projects managed by the Secretary, a State or local interest that the Secretary determines has complied with paragraph (1) may request from the Secretary a release to the United States of any right of the State or local interest to future water storage under this Act that was allocated for future use water supply prior to November 17, 1986.

(3) Administration

(A) In general

Not later than 180 days after receiving a request under paragraph (2), the Secretary shall provide to the applicable State or local interest a written decision on whether the Secretary recommends releasing future water storage rights.

(B) Recommendation

If the Secretary recommends releasing future water storage rights, the Secretary shall include that recommendation in the annual plan submitted under section 2282d of title 33.

(4) Savings clause

Nothing in this subsection authorizes the Secretary to release a State or local interest from a contractual obligation unless specifically authorized by Congress.

(d) 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.

(e) 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) 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.

(Pub. L. 85–500, title III, §301, July 3, 1958, 72 Stat. 319; Pub. L. 87–88, §10, July 20, 1961, 75 Stat. 210; Pub. L. 99–662, title IX, §932(a), Nov. 17, 1986, 100 Stat. 4196; Pub. L. 113–121, title I, §§1046(d), 1051(a), June 10, 2014, 128 Stat. 1254, 1259; Pub. L. 114–322, title I, §1187, Dec. 16, 2016, 130 Stat. 1681; Pub. L. 117–263, div. H, title LXXXI, §8389, Dec. 23, 2022, 136 Stat. 3831.)

Editorial Notes

References in Text

The Reclamation Projects Act of 1939, referred to in subsec. (b), is act Aug. 4, 1939, ch. 418, 53 Stat. 1187, which is classified principally to subchapter X (§485 et seq.) of this chapter. For complete classification of this Act to the Code, see section 485k of this title and Tables.

This Act, referred to in subsec. (c)(1)(A), (2), probably means the Water Supply Act of 1958. See below.

Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted in fourth proviso "For Corps of Engineers projects, all annual operation and maintenance costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests on an annual basis, and all repair, rehabilitation, and replacement costs for municipal and industrial water supply storage under this section shall be reimbursed from State or local interests (1) without interest, during construction of the repair, rehabilitation, or replacement, (2) with interest, in lump sum on the completion of the repair, rehabilitation, or replacement, or (3) at the request of the State or local interest, with interest, over a period of not more than 25 years beginning on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the interest rate at 5-year intervals. At the request of the State or local interest, the Secretary of the Army shall amend a repayment contract entered into under this section on or before December 23, 2022, for the purpose of incorporating the terms and conditions described in paragraph (3) of the preceding sentence." for "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."

2016—Subsec. (f). Pub. L. 114–322 struck out subsec. (f) which related to the Apalachicola-Chattahoochee-Flint River System and Alabama-Coosa-Tallapoosa River System projects.

2014—Subsecs. (c) to (e). Pub. L. 113–121, §1046(d), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Subsec. (f). Pub. L. 113–121, §1051(a), added subsec. (f).

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.

Statutory Notes and Related Subsidiaries

Short Title of 1961 Amendment

Pub. L. 87–88, §11, July 20, 1961, 75 Stat. 210, 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

Pub. L. 85–500, title III, §302, July 3, 1958, 72 Stat. 320, provided that: "Title III of this Act [enacting this section] may be cited as the 'Water Supply Act of 1958'."

Storage

Pub. L. 114–322, title III, §4007(a)–(j), Dec. 16, 2016, 130 Stat. 1863–1866, provided that:

"(a) Definitions.—In this subtitle [subtitle J (§§4001–4014) of title III of Pub. L. 114–322, see Tables for classification]:

"(1) Federally owned storage project.—The term 'federally owned storage project' means any project involving a surface water storage facility in a Reclamation State—

"(A) to which the United States holds title; and

"(B) that was authorized to be constructed, operated, and maintained pursuant to the reclamation laws.

"(2) State-led storage project.—The term 'State-led storage project' means any project in a Reclamation State that—

"(A) involves a groundwater or surface water storage facility constructed, operated, and maintained by any State, department of a State, subdivision of a State, or public agency organized pursuant to State law; and

"(B) provides a benefit in meeting any obligation under Federal law (including regulations).

"(b) Federally Owned Storage Projects.—

"(1) Agreements.—On the request of any State, any department, agency, or subdivision of a State, or any public agency organized pursuant to State law, the Secretary of the Interior may negotiate and enter into an agreement on behalf of the United States for the design, study, and construction or expansion of any federally owned storage project in accordance with this section.

"(2) Federal cost share.—Subject to the requirements of this subsection, the Secretary of the Interior may participate in a federally owned storage project in an amount equal to not more than 50 percent of the total cost of the federally owned storage project.

"(3) Commencement.—The construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the Secretary of the Interior—

"(A) determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws;

"(B) secures an agreement providing upfront funding as is necessary to pay the non-Federal share of the capital costs; and

"(C) determines that, in return for the Federal cost-share investment in the federally owned storage project, at least a proportionate share of the project benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges.

"(4) Environmental laws.—In participating in a federally owned storage project under this subsection, the Secretary of the Interior shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

"(c) State-Led Storage Projects.—

"(1) In general.—Subject to the requirements of this subsection, the Secretary of the Interior may participate in a State-led storage project in an amount equal to not more than 25 percent of the total cost of the State-led storage project.

"(2) Request by governor.—Participation by the Secretary of the Interior in a State-led storage project under this subsection shall not occur unless—

"(A) the participation has been requested by the Governor of the State in which the State-led storage project is located;

"(B) the State or local sponsor determines, and the Secretary of the Interior concurs, that—

"(i) the State-led storage project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws;

"(ii) sufficient non-Federal funding is available to complete the State-led storage project; and

"(iii) the State-led storage project sponsors are financially solvent;

"(C) the Secretary of the Interior determines that, in return for the Federal cost-share investment in the State-led storage project, at least a proportional share of the project benefits are the Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and wildlife refuges; and

"(D) the Secretary of the Interior submits to Congress a written notification of these determinations within 30 days of making such determinations.

"(3) Environmental laws.—When participating in a State-led storage project under this subsection, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

"(4) Information.—When participating in a State-led storage project under this subsection, the Secretary of the Interior—

"(A) may rely on reports prepared by the sponsor of the State-led storage project, including feasibility (or equivalent) studies, environmental analyses, and other pertinent reports and analyses; but

"(B) shall retain responsibility for making the independent determinations described in paragraph (2).

"(d) Authority To Provide Assistance.—The Secretary of the Interior may provide financial assistance under this subtitle to carry out projects within any Reclamation State.

"(e) Rights To Use Capacity.—Subject to compliance with State water rights laws, the right to use the capacity of a federally owned storage project or State-led storage project for which the Secretary of the Interior has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the Secretary of the Interior and each other party to the agreement.

"(f) Compliance With California Water Bond.—

"(1) In general.—The provision of Federal funding for construction of a State-led storage project in the State of California shall be subject to the condition that the California Water Commission shall determine that the State-led storage project is consistent with the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014.

"(2) Applicability.—This subsection expires on the date on which State bond funds available under the Act referred to in paragraph (1) are expended.

"(g) Partnership and Agreements.—The Secretary of the Interior, acting through the Commissioner [of Reclamation], may partner or enter into an agreement regarding the water storage projects identified in section 103(d)(1) of the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108–361; 118 Stat. 1688) with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments within the applicable hydrologic region, to advance those projects.

"(h) Authorization of Appropriations.—

"(1) $335,000,000 of funding in section 4011(e) [130 Stat. 1881] is authorized to remain available until expended.

"(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding pursuant to this section and transmits such recommendations to the appropriate committees of Congress.

"(i) Sunset.—This section shall apply only to federally owned storage projects and State-led storage projects that the Secretary of the Interior determines to be feasible before January 1, 2021.

"(j) Consistency With State Law.—Nothing in this section preempts or modifies any obligation of the United States to act in conformance with applicable State law."

[For definition of "Reclamation State" as used in section 4007(a)(1), (2), (d) of Pub. L. 114–322, set out above, see section 4014(8) of Pub. L. 114–322, set out below.]

Savings Language

Pub. L. 114–322, title III, §4012, Dec. 16, 2016, 130 Stat. 1882, provided that:

"(a) In General.—This subtitle [subtitle J (§§4001–4014) of title III of Pub. L. 114–322, see Tables for classification] shall not be interpreted or implemented in a manner that—

"(1) preempts or modifies any obligation of the United States to act in conformance with applicable State law, including applicable State water law;

"(2) affects or modifies any obligation under the Central Valley Project Improvement Act ([title XXXIV of] Public Law 102–575; 106 Stat. 4706), except for the savings provisions for the Stanislaus River predator management program expressly established by section 11(d) and provisions in section 11(g) [sic; probably means section 4010(d) and (g) of Pub. L. 114–322, 130 Stat. 1874, 1878];

"(3) overrides, modifies, or amends the applicability of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the application of the smelt and salmonid biological opinions to the operation of the Central Valley Project or the State Water Project;

"(4) would cause additional adverse effects on listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, using the best scientific and commercial data available; or

"(5) overrides, modifies, or amends any obligation of the Pacific Fisheries Management Council, required by the Magnuson Stevens Act [probably means the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.] or the Endangered Species Act of 1973, to manage fisheries off the coast of California, Oregon, or Washington.

"(b) Successor Biological Opinions.—

"(1) In general.—The Secretaries of the Interior and Commerce shall apply this Act [see Tables for classification] to any successor biological opinions to the smelt or salmonid biological opinions only to the extent that the Secretaries determine is consistent with—

"(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), its implementing regulations, and the successor biological opinions; and

"(B) subsection (a)(4).

"(2) Limitation.—Nothing in this Act shall restrict the Secretaries of the Interior and Commerce from completing consultation on successor biological opinions and through those successor biological opinions implementing whatever adjustments in operations or other activities as may be required by the Endangered Species Act of 1973 and its implementing regulations.

"(c) Severability.—If any provision of this subtitle, or any application of such provision to any person or circumstance, is held to be inconsistent with any law or the biological opinions, the remainder of this subtitle and the application of this subtitle to any other person or circumstance shall not be affected."

[For definitions of terms used in section 4012 of Pub. L. 114–322, set out above, see section 4014 of Pub. L. 114–322, set out below.]

Duration

Pub. L. 114–322, title III, §4013, Dec. 16, 2016, 130 Stat. 1883, provided that: "This subtitle [subtitle J (§§4001–4014) of title III of Pub. L. 114–322, see Tables for classification] shall expire on the date that is 5 years after the date of its enactment [Dec. 16, 2016], with the exception of—

"(1) section 4004 [130 Stat. 1858], which shall expire 10 years after the date of its enactment; and

"(2) projects under construction in sections 4007 [set out in part as a note above], 4009(a) [amending provisions set out as a note under section 10301 of Title 42, The Public Health and Welfare], and 4009(c) [amending section 390h of this title]."

Amendment of Contracts Existing Prior to November 17, 1986

Pub. L. 99–662, title IX, §932(b), Nov. 17, 1986, 100 Stat. 4197, 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 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]."

Definitions

Pub. L. 114–322, title III, §4014, Dec. 16, 2016, 130 Stat. 1883, provided that: "In this subtitle [subtitle J (§§4001–4014) of title III of Pub. L. 114–322, see Tables for classification]:

"(1) Assistant administrator.—The term 'Assistant Administrator' means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.

"(2) Central valley project.—The term 'Central Valley Project' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act ([title XXXIV of] Public Law 102–575; 106 Stat. 4707).

"(3) Commissioner.—The term 'Commissioner' means the Commissioner of Reclamation.

"(4) Delta.—The term 'Delta' means the Sacramento-San Joaquin Delta and the Suisun Marsh (as defined in section 12220 of the California Water Code and section 29101 of the California Public Resources Code (as in effect on the date of enactment of this Act [Dec. 16, 2016])).

"(5) Delta smelt.—The term 'Delta smelt' means the fish species with the scientific name Hypomesus transpacificus.

"(6) Director.—The term 'Director' means the Director of the United States Fish and Wildlife Service.

"(7) Listed fish species.—The term 'listed fish species' means—

"(A) any natural origin steelhead, natural origin genetic spring run Chinook, or genetic winter run Chinook salmon (including any hatchery steelhead or salmon population within the evolutionary significant unit or a distinct population segment); and

"(B) Delta smelt.

"(8) Reclamation state.—The term 'Reclamation State' means any of the States of—

"(A) Arizona;

"(B) California;

"(C) Colorado;

"(D) Idaho;

"(E) Kansas;

"(F) Montana;

"(G) Nebraska;

"(H) Nevada;

"(I) New Mexico;

"(J) North Dakota;

"(K) Oklahoma;

"(L) Oregon;

"(M) South Dakota;

"(N) Texas;

"(O) Utah;

"(P) Washington; and

"(Q) Wyoming.

"(9) Salmonid biological opinion.—

"(A) In general.—The term 'salmonid biological opinion' means the biological and conference opinion of the National Marine Fisheries Service dated June 4, 2009, regarding the long-term operation of the Central Valley Project and the State Water Project, and successor biological opinions.

"(B) Inclusions.—The term 'salmonid biological opinion' includes the operative incidental take statement of the opinion described in subparagraph (A).

"(10) Smelt biological opinion.—

"(A) In general.—The term 'smelt biological opinion' means the biological opinion dated December 15, 2008, regarding the coordinated operation of the Central Valley Project and the State Water Project, and successor biological opinions.

"(B) Inclusions.—The term 'smelt biological opinion' includes the operative incidental take statement of the opinion described in subparagraph (A).

"(11) State water project.—The term 'State Water Project' means the water project described in chapter 5 of part 3 of division 6 of the California Water Code (sections 11550 et seq.) (as in effect on the date of enactment of this Act [Dec. 16, 2016]) and operated by the California Department of Water Resources."
43 U.S.C. § 505a (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XI: MAINTENANCE AND OPERATION OF WORKS GENERALLY / Section 505a: Definitions
Definitions
Status: in_force

In sections 505a to 505a–2 of this title:

(1) Asset

(A) In general

The term "asset" means any of the following assets that are used to achieve the mission of the Bureau to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States:

(i) Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters.

(ii) Capitalized and noncapitalized heavy equipment and other installed equipment.

(B) Inclusions

The term "asset" includes assets described in subparagraph (A) that are considered to be mission critical.

(2) Asset Management Report

The term "Asset Management Report" means—

(A) the annual plan prepared by the Bureau known as the "Asset Management Plan"; and

(B) any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau to evaluate and manage infrastructure assets of the Bureau.

(3) Major repair and rehabilitation need

The term "major repair and rehabilitation need" means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance.

(Pub. L. 116–9, title VIII, §8601, Mar. 12, 2019, 133 Stat. 827.)

Editorial Notes

References in Text

Sections 505a to 505a–2 of this title, referred to in text, was in the original "this part", which was translated as reading "this subtitle", meaning subtitle G of title VIII of Pub. L. 116–9, which is classified generally to sections 505a to 505a–2 of this title, to reflect the probable intent of Congress. Subtitle G of title VIII of Pub. L. 116–9 does not contain parts.
43 U.S.C. § 787 (2024) — Title 43: PUBLIC LANDS / Chapter 19: BOUNTY LANDS / Section 787: Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862
Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862
Status: repealed

Section, R.S. §§4746, 4766; acts July 7, 1898, ch. 578, 30 Stat. 718; Aug. 17, 1912, ch. 301, §1, 37 Stat. 312; July 3, 1930, ch. 863, §2, 46 Stat. 1016, related to false certification of documents. See section 289 of Title 18, Crimes and Criminal Procedure.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal by act June 25, 1948, effective Sept. 1, 1948.
43 U.S.C. § 570 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XV: TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES / Section 570: Conveyance of land to school district
Conveyance of land to school district
Status: in_force

The Secretary of the Interior is hereby 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 Reclamation Service, 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.

(Oct. 31, 1919, ch. 92, 41 Stat. 326.)

Executive Documents

Change of Name

The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on June 20, 1923, then to the Water and Power Resources Service on Nov. 6, 1979, and then to the Bureau of Reclamation on May 18, 1981. See 155 Dep't of the Interior, Departmental Manual 1.1 (2008 repl.); Sec'y Hubert Work, Dep't of the Interior, Order (June 20, 1923); Sec'y Cecil D. Andrus, Dep't of the Interior, Secretarial Order 3042, §§1, 4 (Nov. 6, 1979); Sec'y James G. Watt, Dep't of the Interior, Secretarial Order 3064, §§3, 5 (May 18, 1981).

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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.
43 U.S.C. § 616ss (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XLV: WHITESTONE COULEE UNIT, CHIEF JOSEPH DAM PROJECT, WASHINGTON / Section 616ss: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 616ss, Pub. L. 88–599, §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, §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, §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, §4, Sept. 18, 1964, 78 Stat. 956, authorized appropriations for this unit.

Section 616vv–1, Pub. L. 89–557, §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, §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, §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, §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, §5, Sept. 7, 1966, 80 Stat. 705, authorized appropriations for this unit.
43 U.S.C. § 620c (2024) — Title 43: PUBLIC LANDS / Chapter 12B: COLORADO RIVER STORAGE PROJECT / Section 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
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
Status: in_force

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).

(Apr. 11, 1956, ch. 203, §4, 70 Stat. 107.)

Editorial Notes

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 (§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, which is classified principally to chapter 35A (§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.
43 U.S.C. § 616tttt (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter LIV: TOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON / Section 616tttt: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 616tttt, Pub. L. 91–307, §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, §2, July 7, 1970, 84 Stat. 409, related to irrigation payment contracts and repayment of construction costs.

Section 616vvvv, Pub. L. 91–307, §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, §4, July 7, 1970, 84 Stat. 409, related to interest rate.

Section 616xxxx, Pub. L. 91–307, §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, §6, July 7, 1970, 84 Stat. 410; Pub. L. 94–175, Dec. 23, 1975, 89 Stat. 1030, authorized appropriations for this division.
43 U.S.C. § 3101 (2024) — Title 43: PUBLIC LANDS / Chapter 49: NATIONAL LANDSLIDE PREPAREDNESS / Section 3101: Definitions
Definitions
Status: in_force

In this chapter:

(1) 3D

The term "3D" means 3-dimensional.

(2) 3D elevation data

(A) In general

The term "3D elevation data" means 3D, high-resolution data obtained using LiDAR, IfSAR, or other methods over the United States (including territories).

(B) Inclusions

The term "3D elevation data" includes terrestrial and bathymetric elevation data.

(3) 3D elevation program

The term "3D Elevation Program" means the 3D Elevation Program established under section 3104(a) of this title.

(4) IfSAR

The term "IfSAR" means interferometric synthetic aperture radar.

(5) Indian tribe

The term "Indian tribe" has the meaning given the term in section 5304 of title 25.

(6) Lahar

The term "lahar" means a large debris flow of mostly volcanic material that is—

(A) often fast-moving; and

(B) a hazard in watersheds downstream of volcanic peaks.

(7) LiDAR

The term "LiDAR" means light detection and ranging.

(8) Secretary

The term "Secretary" means the Secretary of the Interior, acting through the Director of the United States Geological Survey.

(9) State

The term "State" means—

(A) a State; and

(B) the District of Columbia.

(10) State office

The term "State office" means any unit of State government that handles the identification, mapping, assessment, and research of landslide hazards or responding to landslide events, including—

(A) a State geological survey office;

(B) a State department of emergency response; and

(C) a State department of transportation.

(11) Territory

The term "territory" means—

(A) the Commonwealth of Puerto Rico;

(B) Guam;

(C) American Samoa;

(D) the Commonwealth of the Northern Mariana Islands;

(E) the Federated States of Micronesia;

(F) the Republic of the Marshall Islands;

(G) the Republic of Palau; and

(H) the United States Virgin Islands.

(Pub. L. 116–323, §2, Jan. 5, 2021, 134 Stat. 5075.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 116–323, §1, Jan. 5, 2021, 134 Stat. 5075, provided that: "This Act [enacting this chapter] may be cited as the 'National Landslide Preparedness Act'."
43 U.S.C. § 373e (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 373e: Bureau of Reclamation site security
Bureau of Reclamation site security
Status: in_force

(a) Treatment of capital costs

Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable.

(b) Treatment of security-related operation and maintenance costs

(1) Reimbursable costs

The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding year's Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law.

(2) Costs collected through water rates

In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates.

(c) Transparency and report to Congress

(1) Policies and procedures

The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b).

(2) Notice

On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice—

(A) describing the need for the site security measure and the process for identifying and implementing the site security measure; and

(B) summarizing the administrative and legal requirements relating to the site security measure.

(3) Consultation

The Secretary shall—

(A) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and

(B) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A).

(4) Response; notice

Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary—

(A) a timely written response describing proposed actions, if any, to address the recommendation; and

(B) notice regarding the costs and status of such activities on a periodic basis.

(5) Report

The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001, costs for the site security activities.

(d) Pre-September 11, 2001 security cost levels

Reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.

(Pub. L. 110–229, title V, §513, May 8, 2008, 122 Stat. 843.)

Editorial Notes

References in Text

This Act, referred to in subsec. (c)(5), means Pub. L. 110–229, May 8, 2008, 122 Stat. 754, known as the Consolidated Natural Resources Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 1 of Title 16, Conservation, and Tables.
43 U.S.C. § 141 (2024) — Title 43: PUBLIC LANDS / Chapter 6: WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY / Section 141: Repealed. Pub. L. 94-579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792
Repealed. Pub. L. 94-579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792
Status: repealed

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

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, 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.

Executive Documents

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, §529 [title I, §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.
43 U.S.C. § 1471h (2024) — Title 43: PUBLIC LANDS / Chapter 31: DEPARTMENT OF THE INTERIOR / Section 1471h: Availability of appropriations for uniforms or allowances
Availability of appropriations for uniforms or allowances
Status: in_force

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).

(Pub. L. 108–447, div. E, title I, §105, Dec. 8, 2004, 118 Stat. 3063.)

Statutory Notes and Related Subsidiaries

Prior Similar Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 108–108, title I, §105, Nov. 10, 2003, 117 Stat. 1266.

Pub. L. 108–7, div. F, title I, §105, Feb. 20, 2003, 117 Stat. 238.

Pub. L. 107–63, title I, §105, Nov. 5, 2001, 115 Stat. 437.

Pub. L. 106–291, title I, §105, Oct. 11, 2000, 114 Stat. 942.

Pub. L. 106–113, div. B, §1000(a)(3) [title I, §105], Nov. 29, 1999, 113 Stat. 1535, 1501A–156.

Pub. L. 105–277, div. A, §101(e) [title I, §105], Oct. 21, 1998, 112 Stat. 2681–231, 2681–253.

Pub. L. 105–83, title I, §105, Nov. 14, 1997, 111 Stat. 1561.

Pub. L. 104–208, div. A, title I, §101(d) [title I, §105], Sept. 30, 1996, 110 Stat. 3009–181, 3009–199.

Pub. L. 104–134, title I, §101(c) [title I, §105], Apr. 26, 1996, 110 Stat. 1321–156, 1321–176; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103–332, title I, §105, Sept. 30, 1994, 108 Stat. 2518.

Pub. L. 103–138, title I, §105, Nov. 11, 1993, 107 Stat. 1398.

Pub. L. 102–381, title I, §105, Oct. 5, 1992, 106 Stat. 1396.

Pub. L. 102–154, title I, §105, Nov. 13, 1991, 105 Stat. 1011.

Pub. L. 101–512, title I, §105, Nov. 5, 1990, 104 Stat. 1935.

Pub. L. 101–121, title I, §105, Oct. 23, 1989, 103 Stat. 720.

Pub. L. 100–446, title I, §105, Sept. 27, 1988, 102 Stat. 1800.

Pub. L. 100–202, §101(g) [title I, §105], Dec. 22, 1987, 101 Stat. 1329–213, 1329–234.

Pub. L. 99–500, §101(h) [title I, §105], Oct. 18, 1986, 100 Stat. 1783–242, 1783–261, and Pub. L. 99–591, §101(h) [title I, §105], Oct. 30, 1986, 100 Stat. 3341–242, 3341–261.

Pub. L. 99–190, §101(d) [title I, §105], Dec. 19, 1985, 99 Stat. 1224, 1241.

Pub. L. 98–473, title I, §101(c) [title I, §105], Oct. 12, 1984, 98 Stat. 1837, 1853.

Pub. L. 98–146, title I, §105, Nov. 4, 1983, 97 Stat. 934.

Pub. L. 97–394, title I, §105, Dec. 30, 1982, 96 Stat. 1981.

Pub. L. 97–100, title I, §105, Dec. 23, 1981, 95 Stat. 1404.

Pub. L. 96–514, title I, §105, Dec. 12, 1980, 94 Stat. 2971.

Pub. L. 96–126, title I, §105, Nov. 27, 1979, 93 Stat. 967.

Pub. L. 95–465, title I, §105, Oct. 17, 1978, 92 Stat. 1291.

Pub. L. 95–74, title I, §105, July 26, 1977, 91 Stat. 297.

Pub. L. 94–373, title I, §105, July 31, 1976, 90 Stat. 1054.

Pub. L. 94–165, title I, §105, Dec. 23, 1975, 89 Stat. 990.

Pub. L. 93–404, title I, §105, Aug. 31, 1974, 88 Stat. 814.

Pub. L. 93–120, title I, §105, Oct. 4, 1973, 87 Stat. 440.

Pub. L. 92–369, title I, §105, Aug. 10, 1972, 86 Stat. 518.

Pub. L. 92–76, title I, §105, Aug. 10, 1971, 85 Stat. 239.

Pub. L. 91–361, title I, §105, July 31, 1970, 84 Stat. 681.

Pub. L. 91–98, title I, §105, Oct. 29, 1969, 83 Stat. 159.

Pub. L. 90–425, title I, §105, July 26, 1968, 82 Stat. 438.

Pub. L. 90–28, title I, §105, June 24, 1967, 81 Stat. 70.

Pub. L. 89–435, title I, §105, May 31, 1966, 80 Stat. 182.

Pub. L. 89–52, title I, §105, June 28, 1965, 79 Stat. 186.

Pub. L. 88–356, title I, §105, July 7, 1964, 78 Stat. 285.

Pub. L. 88–79, title I, §105, July 26, 1963, 77 Stat. 108.

Pub. L. 87–578, title I, §105, Aug. 9, 1962, 76 Stat. 346.

Pub. L. 87–122, title I, §105, Aug. 3, 1961, 75 Stat. 257.

Pub. L. 86–455, title I, §105, May 13, 1960, 74 Stat. 114.

Pub. L. 86–60, title I, §105, June 23, 1959, 73 Stat. 103.

Pub. L. 85–439, title I, §105, June 4, 1958, 72 Stat. 165.

Pub. L. 85–77, title I, §105, July 1, 1957, 71 Stat. 267.

June 13, 1956, ch. 380, title I, §105, 70 Stat. 267.
43 U.S.C. § 1782 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter VI: DESIGNATED MANAGEMENT AREAS / Section 1782: Bureau of Land Management Wilderness Study
Bureau of Land Management Wilderness Study
Status: in_force

(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.

(Pub. L. 94–579, title VI, §603, Oct. 21, 1976, 90 Stat. 2785; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 102–285, §10(b), May 18, 1992, 106 Stat. 172.)

Editorial Notes

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, which is classified generally to chapter 23 (§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, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

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, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–165; renumbered title I, Pub. L. 104–140, §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."
43 U.S.C. § 390ii (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 390ii: Disposition of excess lands
Disposition of excess lands
Status: in_force

(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).

(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.

(Pub. L. 97–293, title II, §209, Oct. 12, 1982, 96 Stat. 1267.)

Editorial Notes

References in Text

Federal reclamation law, referred to in subsecs. (a), (b), (e), and (f), is defined in section 390aa of this title.
43 U.S.C. § 526 (2024) — 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 / Section 526: Credit of proceeds to particular project
Credit of proceeds to particular project
Status: in_force

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.

(Dec. 5, 1924, ch. 4, §4, subsec. J, 43 Stat. 703.)

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Definitions

The definitions in section 371 of this title apply to this section.
43 U.S.C. § 545 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XIV: PATENTS AND FINAL WATER-RIGHT CERTIFICATES / Section 545: Appointment of agents to receive payments; record of payments and amounts owing
Appointment of agents to receive payments; record of payments and amounts owing
Status: in_force

The Secretary of the Interior is authorized to designate such bonded fiscal agents or officers of the Reclamation Service 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 eight hundred and eighty-eight 1 of the Revised Statutes.

(Aug. 9, 1912, ch. 278, §4, 37 Stat. 267.)

Editorial Notes

References in Text

The reclamation Act, referred to in text, is identified in section 541 of this section as act June 17, 1902, ch. 1093, 32 Stat. 388, 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 eight hundred and eighty-eight 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. §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.

Executive Documents

Change of Name

The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on June 20, 1923, then to the Water and Power Resources Service on Nov. 6, 1979, and then to the Bureau of Reclamation on May 18, 1981. See 155 Dep't of the Interior, Departmental Manual 1.1 (2008 repl.); Sec'y Hubert Work, Dep't of the Interior, Order (June 20, 1923); Sec'y Cecil D. Andrus, Dep't of the Interior, Secretarial Order 3042, §§1, 4 (Nov. 6, 1979); Sec'y James G. Watt, Dep't of the Interior, Secretarial Order 3064, §§3, 5 (May 18, 1981).

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, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

1 See References in Text note below.