43 U.S.C. § 1350 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter III: OUTER CONTINENTAL SHELF LANDS / Section 1350: Remedies and penalties
Remedies and penalties
Status: in_force

(a) Injunctions, restraining orders, etc.

At the request of the Secretary, the Secretary of the Army, or the Secretary of the Department in which the Coast Guard is operating, the Attorney General or a United States attorney shall institute a civil action in the district court of the United States for the district in which the affected operation is located for a temporary restraining order, injunction, or other appropriate remedy to enforce any provision of this subchapter, any regulation or order issued under this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter.

(b) Civil penalties; hearing

(1) Except as provided in paragraph (2), if any person fails to comply with any provision of this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under this subchapter, after notice of such failure and expiration of any reasonable period allowed for corrective action, such person shall be liable for a civil penalty of not more than $20,000 for each day of the continuance of such failure. The Secretary may assess, collect, and compromise any such penalty. No penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing. The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor.

(2) If a failure described in paragraph (1) constitutes or constituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty may be assessed without regard to the requirement of expiration of a period allowed for corrective action.

(c) Criminal penalties

Any person who knowingly and willfully (1) violates any provision of this subchapter, any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under the authority of this subchapter designed to protect health, safety, or the environment or conserve natural resources, (2) makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter, (3) falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under this subchapter, or (4) reveals any data or information required to be kept confidential by this subchapter shall, upon conviction, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. Each day that a violation under clause (1) of this subsection continues, or each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in clause (3) of this subsection, shall constitute a separate violation.

(d) Liability of corporate officers and agents for violations by corporation

Whenever a corporation or other entity is subject to prosecution under subsection (c) of this section, any officer or agent of such corporation or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity shall be subject to the same fines or imprisonment, or both, as provided for under subsection (c) of this section.

(e) Concurrent and cumulative nature of penalties

The remedies and penalties prescribed in this subchapter shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. Further, the remedies and penalties prescribed in this subchapter shall be in addition to any other remedies and penalties afforded by any other law or regulation.

(Aug. 7, 1953, ch. 345, §24, as added Pub. L. 95–372, title II, §208, Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101–380, title VIII, §8201, Aug. 18, 1990, 104 Stat. 570.)

Editorial Notes

Amendments

1990—Subsec. (b). Pub. L. 101–380 substituted "(1) Except as provided in paragraph (2), if any" for "If any", substituted "$20,000" for "$10,000", inserted at end "The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor", and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
43 U.S.C. § 1770 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter V: RIGHTS-OF-WAY / Section 1770: Applicability of provisions to other Federal laws
Applicability of provisions to other Federal laws
Status: in_force

(a) Right-of-way

Effective on and after October 21, 1976, no right-of-way for the purposes listed in this subchapter shall be granted, issued, or renewed over, upon, under, or through such lands except under and subject to the provisions, limitations, and conditions of this subchapter: Provided, That nothing in this subchapter shall be construed as affecting or modifying the provisions of sections 532 to 538 of title 16 and in the event of conflict with, or inconsistency between, this subchapter and sections 532 to 538 of title 16, the latter shall prevail: Provided further, That nothing in this Act should be construed as making it mandatory that, with respect to forest roads, the Secretary of Agriculture limit rights-of-way grants or their term of years or require disclosure pursuant to section 1761(b) of this title or impose any other condition contemplated by this Act that is contrary to present practices of that Secretary under sections 532 to 538 of title 16. Any pending application for a right-of-way under any other law on the effective date of this section shall be considered as an application under this subchapter. The Secretary concerned may require the applicant to submit any additional information he deems necessary to comply with the requirements of this subchapter.

(b) Highway use

Nothing in this subchapter shall be construed to preclude the use of lands covered by this subchapter for highway purposes pursuant to sections 107 and 317 of title 23.

(c) Application of antitrust laws

(1) Nothing in this subchapter shall be construed as exempting any holder of a right-of-way issued under this subchapter from any provision of the antitrust laws of the United States.

(2) For the purposes of this subsection, the term "antitrust laws" includes the Act of July 2, 1890 (26 Stat.1 15 U.S.C. 1 et seq.); the Act of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the Federal Trade Commission Act (38 Stat. 717; 15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894 [15 U.S.C. 8, 9].

(Pub. L. 94–579, title V, §510, Oct. 21, 1976, 90 Stat. 2782.)

Editorial Notes

References in Text

This Act, referred to in subsec. (a), 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.

The effective date of this section, referred to in subsec. (a), probably means the date of enactment of this section by Pub. L. 94–579, which was approved Oct. 21, 1976.

Act of July 2, 1890, referred to in subsec. (c)(2), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.

Act of October 15, 1914, referred to in subsec. (c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in subsec. (c)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

Sections 73 and 74 of the Act of August 27, 1894, referred to in subsec. (c), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which are classified to sections 8 and 9 of Title 15.

Executive Documents

Transfer of Functions

See note set out under section 1763 of this title.

1 So in original. Probably should be followed by "209".
43 U.S.C. § 414 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter III: INSTITUTION AND CONSTRUCTION OF PROJECTS / Section 414: Appropriation for projects essential
Appropriation for projects essential
Status: in_force

Expenditures shall not be made for carrying out the purposes of the reclamation law except out of appropriations made annually by Congress therefor, and there shall annually, in the Budget, be submitted to Congress estimates of the amount of money necessary to be expended for carrying out any or all of the purposes authorized by the reclamation law, including the extension and completion of existing projects and units thereof and the construction of new projects. The annual appropriations made hereunder by Congress for such purposes shall be paid out of the reclamation fund provided for by the reclamation law.

(Aug. 13, 1914, ch. 247, §16, 38 Stat. 690.)

Editorial Notes

References in Text

The reclamation law, referred to in text, is defined in section 472 of this title.

Codification

Words "there shall annually, in the Budget, be submitted to Congress" substituted for "the Secretary of the Interior shall annually in the regular Book of Estimates, submit to Congress" in view of the Budget and Accounting Act, 1921, act June 10, 1921, ch. 18, 42 Stat. 20. See sections 1104 and 1105 of Title 31, Money and Finance.
43 U.S.C. § 1526 (2024) — Title 43: PUBLIC LANDS / Chapter 32: COLORADO RIVER BASIN PROJECT / Subchapter III: AUTHORIZED UNITS; PROTECTION OF EXISTING USES / Section 1526: Water salvage programs
Water salvage programs
Status: in_force

The Secretary shall undertake programs for water salvage and ground water recovery along and adjacent to the main stream of the Colorado River. Such programs shall be consistent with maintenance of a reasonable degree of undistributed habitat for fish and wildlife in the area, as determined by the Secretary.

(Pub. L. 90–537, title III, §306, Sept. 30, 1968, 82 Stat. 893.)
43 U.S.C. § 422e (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter IV: CONSTRUCTION OF SMALL PROJECTS / Section 422e: Contract requirements
Contract requirements
Status: in_force

Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which shall set out, among other things—

(a) the maximum amount of any loan to be made to the organization and the time and method of making the same available to the organization. Said loan shall not exceed the lesser of (1) two-thirds of the maximum allowable estimated total project cost as determined by section 422b(f) of this title, or (2) the estimated total cost of the project minus the contribution of the local organization as provided in section 422d(b) of this title and the amount of the grant approved;

(b) the maximum amount of any grant to be accorded the organization. Said grant shall not exceed the sum of the following: (1) the costs of investigations, surveys, and engineering and other services necessary to the preparation of proposals and plans for the project allocable to fish and wildlife enhancement or public recreation; (2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation; (3) one-half the costs of basic public outdoor recreation facilities or facilities serving fish and wildlife enhancement purposes exclusively; (4) one-half the costs of construction of joint use facilities properly allocable to fish and wildlife enhancement or public recreation; (5) that portion of the estimated cost of constructing the project which, if it were constructed as a Federal reclamation project, would be properly allocable to functions, other than recreation and fish and wildlife enhancement and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army.1

(c) a plan of repayment by the organization of (1) the sums lent to it in not more than forty years from the date when the principal benefits of the project first become available; (2) interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the average market yields on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the applicable reimbursement period of the project, adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan—

(A) which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient or by a limited recipient, as such terms are defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres; or,

(B) which is allocated to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation except that portion of such allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest.1

(d) provision for operation of the project, if a grant predicated upon its performance of nonreimbursable functions is made, in accordance with regulations with respect thereto prescribed by the head of the Federal department or agency primarily concerned with those functions and, in the event of noncompliance with such regulations, for operation by the United States or for repayment to the United States of the amount of any such grant;

(e) such provisions as the Secretary shall deem necessary or proper to provide assurance of and security for prompt repayment of the loan and interest as aforesaid. The liability of the United States under any contract entered into pursuant to this subchapter shall be contingent upon the availability of appropriations to carry out the same, and every such contract shall so recite; and

(f) provisions conforming to the preference requirements contained in the proviso to section 485h(c) of this title, if the project produces electric power for sale.

(Aug. 6, 1956, ch. 972, §5, 70 Stat. 1046; Pub. L. 85–47, §1(c), June 5, 1957, 71 Stat. 49; Pub. L. 89–553, §1(4), Sept. 2, 1966, 80 Stat. 376; Pub. L. 92–167, §1(3)–(6), Nov. 24, 1971, 85 Stat. 488; Pub. L. 94–181, §1(f), Dec. 27, 1975, 89 Stat. 1050; Pub. L. 96–336, §8(b), Sept. 4, 1980, 94 Stat. 1065; Pub. L. 97–293, title II, §223, Oct. 12, 1982, 96 Stat. 1272; Pub. L. 99–546, title III, §§306, 307, Oct. 27, 1986, 100 Stat. 3054.)

Editorial Notes

Amendments

1986—Subsec. (b). Pub. L. 99–546, §306, struck out "and" before "(5)" and substituted "and flood control, which are nonreimbursable under general provisions of law applicable to such projects; and (6) that portion of the estimated cost of constructing the project which is allocable to flood control and which would be nonreimbursable under general provisions of law applicable to projects constructed by the Secretary of the Army." for ", which are nonreimbursable under general provisions of law applicable to such projects: Provided, That the cost of constructing the project as used in this subsection shall be exclusive of the cost of lands and interests in land;".

Subsec. (c)(1). Pub. L. 99–546, §307(a), substituted "forty" for "fifty".

Subsec. (c)(2). Pub. L. 99–546, §307(b), amended cl. (2) generally. Prior to amendment, cl. (2) read as follows: "interest, as determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the contract is executed, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such average rate to the nearest one-eighth of 1 per centum, on that portion of the loan which is attributable to furnishing irrigation benefits in each particular year to land held in private ownership by a qualified recipient, as such term is defined in section 390bb of this title, in excess of nine hundred and sixty irrigable acres, or by a limited recipient, as such term is defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres; and".

Subsec. (c)(3). Pub. L. 99–546, §307(c), struck out cl. (3) which read as follows: "in the case of any project involving an allocation to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above; Except that portion of said allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest;".

1982—Subsec. (c)(2). Pub. L. 97–293 substituted "by a qualified recipient, as such term is defined in section 390bb of this title, in excess of nine hundred and sixty irrigable acres, or by a limited recipient, as such term is defined in section 390bb of this title, in excess of three hundred and twenty irrigable acres" for "by any one owner in excess of one hundred and sixty irrigable acres".

1980—Subsec. (c). Pub. L. 96–336 inserted "Except that portion of said allocation attributable to furnishing benefits to a facility operated by an agency of the United States, which portion shall bear no interest;" at end of subsec. (c).

1975—Subsec. (a)(1). Pub. L. 94–181 substituted "two-thirds of the maximum allowable estimated total project cost as determined by section 422b(f) of this title," for "$10,000,000".

1971—Subsec. (a)(1). Pub. L. 92–167, §1(3), substituted "$10,000,000" for "$6,500,000".

Subsec. (b)(2). Pub. L. 92–167, §1(4), substituted provision for inclusion of one-half of land acquisition costs to serve exclusively the purposes of fish and wildlife enhancement and public recreation, for prior inclusion of such costs for a reservoir or other area to be operated for fish and wildlife enhancement and public recreation purposes and provided for inclusion of costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation.

Subsec. (b)(5). Pub. L. 92–167, §1(5), inserted proviso excluding from cost of constructing projects, as used in this subsection, cost of lands and interests in land.

Subsec. (c)(3). Pub. L. 92–167, §1(6), required reimbursable fish and wildlife and recreation costs to be repaid with interest at rate determined by formula set forth in subsec. (c)(2) of this section.

1966—Pub. L. 89–553 substituted the lesser of $6,500,000 or the estimated total cost of the project minus the contribution of the local organization as provided in section 422d(b) of this title and the amount of the grant for the portion of the estimated cost of constructing the project which, if it were being constructed as a Federal reclamation project, would be properly allocable to reimbursable functions under general provisions of law applicable to such projects as the maximum amount of the loan, struck out the time and method of paying a grant to an organization from the list of contract terms, added factors involving fish and wildlife enhancement and public recreation to the factors adding up to the figure comprising the maximum allowable grant, and altered the requirements of the interest term by substituting the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue for the estimate of the average annual yield to maturity, on the basis of daily closing market bid quotations or prices during the month of May preceding the fiscal year in which the loan is made, on all outstanding marketable obligations of the United States having a maturity date of fifteen or more years from May 1 of the year.

1957—Pub. L. 85–47 substituted "Upon approval of any project proposal by the Secretary under the provisions of section 422d of this title, he may negotiate a contract which" for "Any contract authorized to be negotiated under the provisions of subsection (c) of section 422d of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–546 applicable to all proposals for which draft applications are received by Secretary after Aug. 15, 1986, see section 310 of Pub. L. 99–546, set out as a note under section 422a of this title.

Retroactive Effect of 1966 Amendment

Amendment by Pub. L. 89–553 not to be applicable to or affect in any way the terms on which any loan or grant was made prior to the effective date of Pub. L. 89–553, Sept. 2, 1966, see section 2 of Pub. L. 89–553, set out as a note under section 422b of this title.

1 So in original. The period probably should be a semicolon.
43 U.S.C. § 390nn (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 390nn: Trusts
Trusts
Status: in_force

(a) The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district which are held by an individual or corporate trustee in a fiduciary capacity for a beneficiary or beneficiaries whose interests in the lands served do not exceed the ownership and pricing limitations imposed by Federal reclamation law, including this subchapter.

(b) Lands placed in a revocable trust shall be attributable to the grantor if—

(1) the trust is revocable at the discretion of the grantor and revocation results in the title to such lands reverting either directly or indirectly to the grantor; or

(2) the trust is revoked or terminated by its terms upon the expiration of a specified period of time and the revocation or termination results in the title to such lands reverting either directly or indirectly to the grantor.

(Pub. L. 97–293, title II, §214, Oct. 12, 1982, 96 Stat. 1270; Pub. L. 100–203, title V, §5302(b), Dec. 22, 1987, 101 Stat. 1330–269.)

Editorial Notes

References in Text

Federal reclamation law, referred to in subsec. (a), is defined in section 390aa of this title.

Amendments

1987—Pub. L. 100–203 designated existing provisions as subsec. (a) and added subsec. (b).
43 U.S.C. § 620 (2024) — Title 43: PUBLIC LANDS / Chapter 12B: COLORADO RIVER STORAGE PROJECT / Section 620: Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument
Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument
Status: in_force

In order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin, for the purposes, among others, of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the States of the Upper Basin to utilize, consistently with the provisions of the Colorado River Compact, the apportionments made to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of floods, and for the generation of hydroelectric power, as an incident of the foregoing purposes, the Secretary of the Interior is authorized (1) to construct, operate, and maintain the following initial units of the Colorado River storage project, consisting of dams, reservoirs, powerplants, transmission facilities and appurtenant works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir only), and Glen Canyon: Provided, That the Wayne N. Aspinall Dam shall be constructed to a height which will impound not less than nine hundred and forty thousand acre-feet of water or will create a reservoir of such greater capacity as can be obtained by a high waterline located at seven thousand five hundred and twenty feet above mean sea level, and that construction thereof shall not be undertaken until the Secretary has, on the basis of further engineering and economic investigations, reexamined the economic justification of such unit and, accompanied by appropriate documentation in the form of a supplemental report, has certified to the Congress and to the President that, in his judgment, the benefits of such unit will exceed its costs; and (2) to construct, operate, and maintain the following additional reclamation projects (including power-generating and transmission facilities related thereto), hereinafter referred to as participating projects: Central Utah (initial phase and the Uintah unit), San Juan-Chama (initial stage), Emery County, Florida, Hammond, La Barge, Lyman, Navajo Indian, Paonia (including the Minnesota unit, a dam and reservoir on Muddy Creek just above its confluence with the North Fork of the Gunnison River, and other necessary works), Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel, Seedskadee, Savery-Pot Hook, Bostwick Park, Fruitland Mesa, the Navajo-Gallup Water Supply Project, Silt and Smith Fork: Provided further, That as part of the Glen Canyon Unit the Secretary of the Interior shall take adequate protective measures to preclude impairment of the Rainbow Bridge National Monument.

(Apr. 11, 1956, ch. 203, §1, 70 Stat. 105; Pub. L. 87–483, §18, June 13, 1962, 76 Stat. 102; Pub. L. 88–568, §1, Sept. 2, 1964, 78 Stat. 852; Pub. L. 90–537, title V, §501(a), Sept. 30, 1968, 82 Stat. 896; Pub. L. 96–375, §7, Oct. 3, 1980, 94 Stat. 1507; Pub. L. 96–470, title I, §108(c), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 111–11, title X, §10401(a), Mar. 30, 2009, 123 Stat. 1371.)

Amendment of Section

For termination of amendment by section 10701(e)(2) of Pub. L. 111–11, see Termination Date of 2009 Amendment note below.

Editorial Notes

Codification

The provisions of subsec. (a) of section 501 of Pub. L. 90–537 which amended this section are only a part of said subsec. (a). The remainder of said subsec. (a) amended section 620a of this title and enacted provisions set out as notes under this section and section 620k of this title.

Amendments

2009—Pub. L. 111–11, §§10401(a), 10701(e)(2), temporarily inserted "the Navajo-Gallup Water Supply Project," after "Fruitland Mesa," in cl. (2). See Termination Date of 2009 Amendment note below.

1980—Pub. L. 96–470 struck out proviso that construction of Uintah unit of Central Utah project not be undertaken by the Secretary until he has completed a feasibility report on such unit and submitted it to Congress, along with his certification that, in his judgment, the benefits of such unit or segment will exceed the cost and that such unit is physically and financially feasible, and that the Congress has authorized appropriations for construction thereof.

Pub. L. 96–375 substituted "Wayne N. Aspinall" for "Curecanti".

1968—Pub. L. 90–537 added Uintah unit to initial phase in Central Utah project, substituted "Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel" for "Pine River Extension", and inserted proviso prohibiting construction of Uintah unit of Central Utah project until a feasibility study is made, a determination is made that its benefits will exceed its costs and an authorization for appropriations is made by Congress.

1964—Pub. L. 88–568 included Savery-Pot Hook, Bostwick Park, and Fruitland Mesa as participating projects.

1962—Pub. L. 87–483 included San Juan-Chama (initial stage) and Navajo Indian as participating projects in cl. (2).

Statutory Notes and Related Subsidiaries

Termination Date of 2009 Amendment

Amendment by Pub. L. 111–11 to be null and void on issuance of a court order terminating a certain Agreement between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 111–11, set out as an Agreement note below.

Short Title

Act Apr. 11, 1956, which enacted this chapter, is popularly known as the "Colorado River Storage Project Act".

Purpose of 1968 Amendment

Pub. L. 90–537, title V, §501(a), Sept. 30, 1968, 82 Stat. 896, provided that the amendment of this section and section 620a of this title by section 501(a) were made in order to provide for the construction, operation, and maintenance of the Animas-La Plata Federal reclamation project, Colorado-New Mexico; the Dolores, Dallas Creek, West Divide, and San Miguel Federal reclamation projects, Colorado; and the Central Utah project (Uintah Unit), Utah, as participating projects under the Colorado River Storage Project Act, and to provide for the completion of planning reports on other participating projects.

Pilot Projects To Increase Colorado River System Water To Address Effects of Historic Drought Conditions

Pub. L. 113–235, div. D, title II, §206, Dec. 16, 2014, 128 Stat. 2312, as amended by Pub. L. 115–244, div. A, title II, §205(a), Sept. 21, 2018, 132 Stat. 2906; Pub. L. 117–328, div. CC, §102, Dec. 29, 2022, 136 Stat. 5573, provided that:

"(a) In General.—The Secretary of the Interior may fund or participate in pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs, as authorized by the first section of the Act of April 11, 1956 (43 U.S.C. 620), to address the effects of historic drought conditions.

"(b) Administration.—Pilot projects under this section are authorized to be funded through—

"(1) grants by the Secretary to public entities that use water from the Colorado River Basin for municipal purposes for projects that are implemented by 1 or more non-Federal entities; or

"(2) grants or other appropriate financial agreements to provide funds for new water conservation agreements or for renewing or implementing water conservation agreements that are in existence on the date of enactment of this Act [Dec. 16, 2014].

"(c) Limitations.—

"(1) Funds in the Upper Colorado River Basin Fund established by section 5 of the Colorado River Storage Project Act (43 U.S.C. 620d) and the Lower Colorado River Basin Development Fund established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543) shall not be used to carry out this section; and

"(2) the authority to fund these pilot projects through grants shall terminate on September 30, 2024: Provided, That the Secretary shall not fund pilot projects in the Upper Colorado River Basin without the participation of the Upper Colorado River Division States, acting through the Upper Colorado River Commission.

"(d) Report and Recommendation.—Not later than September 30, 2025, the Secretary shall submit to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate a report evaluating the effectiveness of the pilot projects described in subsection (a) and a recommendation to Congress whether the activities undertaken by the pilot projects should be continued."

Effect on Federal Water Law

Pub. L. 111–11, title X, §10403, Mar. 30, 2009, 123 Stat. 1375, provided that: "Unless expressly provided in this subtitle [subtitle B (§§10301–10704) of title X of Pub. L. 111–11, enacting section 407, former section 615jj, and section 620n–1 of this title, amending this section, former section 615ss, and section 620o of this title, repealing former section 615jj of this title, and enacting provisions set out as notes under this section and section 407 of this title], nothing in this subtitle modifies, conflicts with, preempts, or otherwise affects—

"(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);

"(2) the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643) [43 U.S.C. 618 et seq.];

"(3) the Act of April 11, 1956 (commonly known as the 'Colorado River Storage Project Act') (43 U.S.C. 620 et seq.);

"(4) the Act of September 30, 1968 (commonly known as the 'Colorado River Basin Project Act') (82 Stat. 885) [43 U.S.C. 1501 et seq.];

"(5) Public Law 87–483 (76 Stat. 96) [former 43 U.S.C. 615ii et seq.];

"(6) the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219);

"(7) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000);

"(8) the Compact;

"(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);

"(10) the Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237); or

"(11) section 205 of the Energy and Water Development Appropriations Act, 2005 (118 Stat. 2949)."

[Section 10403 Pub. L. 111–11, set out above, to be null and void on issuance of a court order terminating a certain Agreement between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 111–11, set out as an Agreement note below.]

[For definition of Compact, see section 10302 of Pub. L. 111–11, set out as a Definitions note under section 407 of this title.]

Agreement

Pub. L. 111–11, title X, §10701, Mar. 30, 2009, 123 Stat. 1396, as amended by Pub. L. 114–57, §2(e), Sept. 30, 2015, 129 Stat. 528, provided that:

"(a) Agreement Approval.—

"(1) Approval by congress.—Except to the extent that any provision of the Agreement conflicts with this subtitle [subtitle B (§§10301–10704) of title X of Pub. L. 111–11, see Effect on Federal Water Law note above], Congress approves, ratifies, and confirms the Agreement (including any amendments to the Agreement that are executed to make the Agreement consistent with this subtitle).

"(2) Execution by secretary.—The Secretary shall enter into the Agreement to the extent that the Agreement does not conflict with this subtitle, including—

"(A) any exhibits to the Agreement requiring the signature of the Secretary; and

"(B) any amendments to the Agreement necessary to make the Agreement consistent with this subtitle.

"(3) Authority of secretary.—The Secretary may carry out any action that the Secretary determines is necessary or appropriate to implement the Agreement, the Contract, and this section.

"(4) Administration of navajo reservoir releases.—The State of New Mexico may administer water that has been released from storage in Navajo Reservoir in accordance with subparagraph 9.1 of the Agreement.

"(b) Water Available Under Contract.—

"(1) Quantities of water available.—

"(A) In general.—Water shall be made available annually under the Contract for projects in the State of New Mexico supplied from the Navajo Reservoir and the San Juan River (including tributaries of the River) under New Mexico State Engineer File Numbers 2849, 2883, and 3215 in the quantities described in subparagraph (B).

"(B) Water quantities.—The quantities of water referred to in subparagraph (A) are as follows:

 Diversion (acre-feet/year)Depletion (acre-feet/year)

Navajo Indian Irrigation Project
508,000
270,000

Navajo-Gallup Water Supply Project
22,650
20,780

Animas-La Plata Project
4,680
2,340

Total
535,330
293,120

"(C) Maximum quantity.—A diversion of water to the Nation under the Contract for a project described in subparagraph (B) shall not exceed the quantity of water necessary to supply the amount of depletion for the project.

"(D) Terms, conditions, and limitations.—The diversion and use of water under the Contract shall be subject to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other applicable law.

"(2) Amendments to contract.—The Secretary, with the consent of the Nation, may amend the Contract if the Secretary determines that the amendment is—

"(A) consistent with the Agreement; and

"(B) in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation.

"(3) Rights of the nation.—The Nation may, under the Contract—

"(A) use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if—

"(i) the depletion of water does not exceed the quantities described in paragraph (1); and

"(ii) the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, and any other applicable law; and

"(B) change a point of diversion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the State of Arizona under section 10603(b)(2)(D) [123 Stat. 1383]), to another use, purpose, place, or depletion in the State of New Mexico to meet a water resource or economic need of the Nation if—

"(i) the change or transfer is subject to and consistent with the terms of the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and

"(ii) a change or transfer of water use by the Nation does not alter any obligation of the United States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract.

"(c) Subcontracts.—

"(1) In general.—

"(A) Subcontracts between nation and third parties.—The Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation).

"(B) Approval required.—A subcontract entered into under subparagraph (A) shall not be effective until approved by the Secretary in accordance with this subsection and the Contract.

"(C) Submittal.—The Nation shall submit to the Secretary for approval or disapproval any subcontract entered into under this subsection.

"(D) Deadline.—The Secretary shall approve or disapprove a subcontract submitted to the Secretary under subparagraph (C) not later than the later of—

"(i) the date that is 180 days after the date on which the subcontract is submitted to the Secretary; and

"(ii) the date that is 60 days after the date on which a subcontractor complies with—

     "(I) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and

     "(II) any other requirement of Federal law.

"(E) Enforcement.—A party to a subcontract may enforce the deadline described in subparagraph (D) under section 1361 of title 28, United States Code.

"(F) Compliance with other law.—A subcontract described in subparagraph (A) shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, and any other applicable law.

"(G) No liability.—The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.

"(2) Alienation.—

"(A) Permanent alienation.—The Nation shall not permanently alienate any right granted to the Nation under the Contract.

"(B) Maximum term.—The term of any water use subcontract (including a renewal) under this subsection shall be not more than 99 years.

"(3) Nonintercourse act compliance.—This subsection—

"(A) provides congressional authorization for the subcontracting rights of the Nation; and

"(B) is deemed to fulfill any requirement that may be imposed by section 2116 of the Revised Statutes (25 U.S.C. 177).

"(4) Forfeiture.—The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section.

"(5) No per capita payments.—No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis.

"(d) Water Leases Not Requiring Subcontracts.—

"(1) Authority of nation.—

"(A) In general.—The Nation may lease, contract, or otherwise transfer to another party or to another purpose or place of use in the State of New Mexico (on or off land that is held by the United States in trust for the Nation or a member of the Nation or held in fee by the Nation) a water right that—

"(i) is decreed to the Nation under the Agreement; and

"(ii) is not subject to the Contract.

"(B) Compliance with other law.—In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law.

"(2) Alienation; maximum term.—

"(A) Alienation.—The Nation shall not permanently alienate any right granted to the Nation under the Agreement.

"(B) Maximum term.—The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years.

"(3) No liability.—The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.

"(4) Nonintercourse act compliance.—This subsection—

"(A) provides congressional authorization for the lease, contracting, and transfer of any water right described in paragraph (1)(A); and

"(B) is deemed to fulfill any requirement that may be imposed by the provisions of section 2116 of the Revised Statutes (25 U.S.C. 177).

"(5) Forfeiture.—The nonuse of a water right of the Nation by a lessee or contractor to the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section.

"(e) Nullification.—

"(1) Deadlines.—

"(A) In general.—In carrying out this section, the following deadlines apply with respect to implementation of the Agreement:

"(i) Agreement.—Not later than December 31, 2010, the Secretary shall execute the Agreement.

"(ii) Contract.—Not later than December 31, 2010, the Secretary and the Nation shall execute the Contract.

"(iii) Partial final decree.—Not later than December 31, 2013, the court in the stream adjudication shall have entered the Partial Final Decree described in paragraph 3.0 of the Agreement.

"(iv) Fruitland-cambridge irrigation project.—Not later than December 31, 2016, the rehabilitation construction of the Fruitland-Cambridge Irrigation Project authorized under section 10607(a)(1) [123 Stat. 1394] shall be completed.

"(v) Supplemental partial final decree.—Not later than December 31, 2016, the court in the stream adjudication shall enter the Supplemental Partial Final Decree described in subparagraph 4.0 of the Agreement.

"(vi) Hogback-cudei irrigation project.—Not later than December 31, 2019, the rehabilitation construction of the Hogback-Cudei Irrigation Project authorized under section 10607(a)(2) [123 Stat. 1394] shall be completed.

"(vii) Trust fund.—Not later than December 31, 2019, the United States shall make all deposits into the Trust Fund under section 10702 [123 Stat. 1402].

"(viii) Conjunctive wells.—Not later than December 31, 2019, the funds authorized to be appropriated under section 10609(b)(1) [123 Stat. 1395] for the conjunctive use wells authorized under section 10606(b) [123 Stat. 1393] should be appropriated.

"(ix) Navajo-gallup water supply project.—Not later than December 31, 2024, the construction of all Project facilities shall be completed.

"(B) Extension.—A deadline described in subparagraph (A) may be extended if the Nation, the United States (acting through the Secretary), and the State of New Mexico (acting through the New Mexico Interstate Stream Commission) agree that an extension is reasonably necessary.

"(2) Revocability of agreement, contract and authorizations.—

"(A) Petition.—If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met, the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement.

"(B) Termination.—On issuance of an order to terminate the Agreement under subparagraph (A)—

"(i) the Trust Fund shall be terminated;

"(ii) the balance of the Trust Fund shall be deposited in the general fund of the Treasury;

"(iii) the authorizations for construction and rehabilitation of water projects under this subtitle shall be revoked and any Federal activity related to that construction and rehabilitation shall be suspended; and

"(iv) this part and parts I and III [parts IV (§§10701–10704), I (§§10401–10403), and III (§§10601–10609) of subtitle B of title X of Pub. L. 111–11, enacting former section 615jj and section 620n–1 of this title, amending this section, former section 615ss, and section 620o of this title, repealing former section 615jj of this title, and enacting provisions set out as notes under this section] shall be null and void.

"(3) Conditions not causing nullification of settlement.—

"(A) In general.—If a condition described in subparagraph (B) occurs, the Agreement shall not be nullified or terminated.

"(B) Conditions.—The conditions referred to in subparagraph (A) are as follows:

"(i) A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 10606 [123 Stat. 1392].

"(ii) A failure—

     "(I) to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona;

     "(II) to obtain a necessary water right for the consumptive use of water in Arizona;

     "(III) to contract for the delivery of water for use in Arizona; or

     "(IV) to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project.

"(f) Effect on Rights of Indian Tribes.—

"(1) In general.—Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San Juan River Basin in the State of New Mexico.

"(2) Exception.—The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9.13 of the Agreement."

[For definitions of terms used in section 10701 of Pub. L. 111–11, set out above, see section 10302 of Pub. L. 111–11, set out as a note under section 407 of this title.]
43 U.S.C. § 615v (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XXVIII: DALLAS PROJECT, OREGON / Section 615v: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 615v, Pub. L. 86–745, §1, Sept. 13, 1960, 74 Stat. 882, authorized construction, operation, and maintenance of Dallas Project, Oregon.

Section 615w, Pub. L. 86–745, §2, Sept. 13, 1960, 74 Stat. 882, related to provisions concerning construction, operation, and maintenance of this project and to rates for power and energy.

Section 615x, Pub. L. 86–745, §3, Sept. 13, 1960, 74 Stat. 883, authorized appropriations for this project.
43 U.S.C. § 543 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XIV: PATENTS AND FINAL WATER-RIGHT CERTIFICATES / Section 543: Certificate of final payment and release of lien
Certificate of final payment and release of lien
Status: in_force

Upon full and final payment being made of all amounts due on account of the building and betterment charges to the United States or its successors in control of the project, the United States or its successors, as the case may be, shall issue upon request a certificate certifying that payment of the building and betterment charges in full has been made and that the lien upon the land has been so far satisfied and is no longer of any force or effect except the lien for annual charges for operation and maintenance.

(Aug. 9, 1912, ch. 278, §3, 37 Stat. 266.)

Editorial Notes

Codification

Section comprises part of section 3 of act Aug. 9, 1912. Remainder of section 3 is set out as section 544 of this title.
43 U.S.C. § 397 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter II: RECLAMATION FUND GENERALLY / Section 397: Advances by Government for completion of projects initiated prior to June 25, 1910
Advances by Government for completion of projects initiated prior to June 25, 1910
Status: in_force

To enable the Secretary of the Interior to complete Government reclamation projects begun prior to June 25, 1910, the Secretary of the Treasury is authorized, as of June 25, 1910, upon request of the Secretary of the Interior, to transfer from time to time to the credit of the reclamation fund created by section 391 of this title, such sum or sums, not exceeding in the aggregate $20,000,000, as the Secretary of the Interior may deem necessary to complete the said reclamation projects, and such extensions thereof as he may deem proper and necessary to the successful and profitable operation and maintenance thereof or to protect water rights pertaining thereto claimed by the United States, provided the same shall be approved by the President of the United States; and such sum or sums as may be required to comply with the foregoing authority are appropriated, as of June 25, 1910, out of any money in the Treasury not otherwise appropriated: Provided, That the sums authorized to be transferred to the reclamation fund shall be so transferred only as such sums shall be actually needed to meet payments for work performed under existing law: And provided further, That all sums so transferred shall be reimbursed to the Treasury from the reclamation fund, as hereinafter provided: And provided further, That no part of this appropriation shall be expended upon any project existing June 25, 1910, until it shall have been examined and reported upon by a board of engineer officers of the Army, designated by the President of the United States, and until it shall be approved by the President as feasible and practicable and worthy of such expenditure; nor shall any portion of this appropriation be expended upon any project initiated after June 25, 1910.

(June 25, 1910, ch. 407, §1, 36 Stat. 835.)
43 U.S.C. § 1736a (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter III: ADMINISTRATION / Section 1736a: Revolving fund derived from disposal of salvage timber
Revolving fund derived from disposal of salvage timber
Status: in_force

There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the Bureau of Land Management, Department of the Interior. The money in this fund shall be immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the administration of salvage timber sales, and subsequent site preparation and reforestation.

(Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1376.)

Editorial Notes

Codification

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1993, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Distribution of Receipts

Title I of Pub. L. 102–381, 106 Stat. 1376, provided in part that: "Nothing in this provision [enacting this section] shall alter the formulas currently in existence by law for the distribution of receipts for the applicable lands and timber resources."
43 U.S.C. § 416 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter III: INSTITUTION AND CONSTRUCTION OF PROJECTS / Section 416: Laws applicable to withdrawn lands; restoration to entry
Laws applicable to withdrawn lands; restoration to entry
Status: in_force

All lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this Act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry.

(June 17, 1902, ch. 1093, §3, 32 Stat. 388; Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.)

Editorial Notes

References in Text

This Act, referred to in text, is act June 17, 1902, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.

Said surveys, referred to in text, mean the surveys for contemplated irrigation works authorized by section 411 of this title.

Codification

Section is comprised of part of section 3 of act June 17, 1902. Remainder of such section 3 is classified to sections 432 and 434 of this title.

Amendments

1976—Pub. L. 94–579 struck out provisions that the Secretary of the Interior withdraw from public entry lands required for irrigation works contemplated under the Act of June 17, 1902, prior to the giving of the public notice provided for in section 419 of this title, that he restore such withdrawn lands to public entry when he deemed such lands unnecessary for the purposes of such Act, and that he withdraw from entry, except under the homestead laws, any public lands believed to be susceptible of irrigation from said works prior to the beginning of surveys for any contemplated irrigation works.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.

Savings Provision

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

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
43 U.S.C. § 646 (2024) — Title 43: PUBLIC LANDS / Chapter 14: GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION / Section 646: Grant extended to New Mexico and Arizona
Grant extended to New Mexico and Arizona
Status: in_force

All the provisions of sections 641, 642 and 643 1 of this title are extended to the States of New Mexico and Arizona, and the said States upon complying with the provisions of said sections shall be entitled to have and receive all of the benefits therein conferred upon the States.

(Feb. 18, 1909, ch. 150, §1, 35 Stat. 638.)

Editorial Notes

References in Text

Section 643 of this title, referred to in text, was repealed by Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.

Statutory Notes and Related Subsidiaries

Effective Date

Act Feb. 18, 1909, ch. 150, §2, 35 Stat. 639, provided: "That this Act [enacting this section] shall be in full force and effect from and after its passage."

1 See References in Text note below.
43 U.S.C. § 1625 (2024) — Title 43: PUBLIC LANDS / Chapter 33: ALASKA NATIVE CLAIMS SETTLEMENT / Section 1625: Securities laws exemption
Securities laws exemption
Status: in_force

(a) Laws; termination date of exempt status

A Native Corporation shall be exempt from the provisions, as amended, of the Investment Company Act of 1940 (54 Stat. 789) [15 U.S.C. 80a–1 et seq.], the Securities Act of 1933 (48 Stat. 74) [15 U.S.C. 77a et seq.], and the Securities Exchange Act of 1934 (48 Stat. 881) [15 U.S.C. 78a et seq.] until the earlier of the day after—

(1) the date on which the corporation issues shares of stock other than Settlement Common Stock in a transaction where—

(A) the transaction or the shares are not otherwise exempt from Federal securities laws; and

(B) the shares are issued to persons or entities other than—

(i) individuals who held shares in the corporation on February 3, 1988;

(ii) Natives;

(iii) descendants of Natives;

(iv) individuals who have received shares of Settlement Common Stock by inheritance pursuant to section 1606(h)(2) of this title;

(v) Settlement Trusts; or

(vi) entities established for the sole benefit of Natives or descendants of Natives; or

(2) the date on which alienability restrictions are terminated; or

(3) the date on which the corporation files a registration statement with the Securities and Exchange Commission pursuant to either the Securities Act of 1933 [15 U.S.C. 77a et seq.] or the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.].

(b) Status of Native Corporations after termination date

No provision of this section shall be construed to require or imply that a Native Corporation shall, or shall not, be subject to provisions of the Acts listed in subsection (a) after any of the dates described in subsection (a).

(c) Annual report to shareholders; shareholders of record

(1) A Native Corporation that, but for this section, would be subject to the provisions of the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] shall annually prepare and transmit to its shareholders a report that contains substantially all the information required to be included in an annual report to shareholders by a corporation subject to that Act.

(2) For purposes of determining the applicability of the registration requirements of the Securities Exchange Act of 1934 on or after the date described in subsection (a), holders of Settlement Common Stock shall be excluded from the calculation of the number of shareholders of record pursuant to section 12(g) of that Act [15 U.S.C. 78l(g)].

(d) Wholly owned subsidiaries; Settlement Trusts; voluntary registration as Investment Company

(1) Notwithstanding any other provision of law, prior to January 1, 2001, the provisions of the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.] shall not apply to any Native Corporation or any subsidiary of such corporation if such subsidiary is wholly owned (as that term is defined in the Investment Company Act of 1940) by the corporation and the corporation owns at least 95 per centum of the equity of the subsidiary.

(2) The Investment Company Act of 1940 shall not apply to any Settlement Trust.

(3) If, but for this section, a Native Corporation would qualify as an Investment Company under the Investment Company Act of 1940, it shall be entitled to voluntarily register pursuant to such Act and any such corporation which so registered shall thereafter comply with the provisions of such Act.

(Pub. L. 92–203, §28, as added Pub. L. 94–204, §3, Jan. 2, 1976, 89 Stat. 1147; amended Pub. L. 100–241, §14, Feb. 3, 1988, 101 Stat. 1811.)

Editorial Notes

References in Text

The Investment Company Act of 1940, referred to in subsecs. (a) and (d), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§80a–1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80a–51 of Title 15 and Tables.

The Securities Act of 1933 (48 Stat. 74), referred to in subsec. (a), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§77a et seq.) of chapter 2A of Title 15. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.

The Securities Exchange Act of 1934, referred to in subsecs. (a) and (c), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§78a et seq.) of Title 15. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.

Amendments

1988—Pub. L. 100–241 amended section generally. Prior to amendment, section read as follows: "Any corporation organized pursuant to this chapter shall be exempt from the provisions of the Investment Company Act of 1940 (54 Stat. 789) [15 U.S.C. 80a–1 et seq.], the Securities Act of 1933 (48 Stat. 74) [15 U.S.C. 77a et seq.], and the Securities Exchange Act of 1934 (48 Stat. 881), as amended [15 U.S.C. 78a et seq.], through December 31, 1991. Nothing in this section, however, shall be construed to mean that any such corporation shall or shall not, after such date, be subject to the provisions of such Acts. Any such corporation which, but for this section, would be subject to the provisions of the Securities Exchange Act of 1934 shall transmit to its stockholders each year a report containing substantially all the information required to be included in an annual report to stockholders by a corporation which is subject to the provisions of such Act."

Statutory Notes and Related Subsidiaries

Construction of Alaska Native Claims Settlement Act With Pub. L. 94–204

Pub. L. 94–204, §18, Jan. 2, 1976, 89 Stat. 1156, provided that: "Except as specifically provided in this Act [enacting this section and sections 1626 and 1627 of this title, amending sections 1615, 1616, 1620 and 1621 of this title, and enacting provisions set out as notes under this section and sections 1604, 1605, 1611, 1613, and 1618 of this title], (i) the provisions of the Settlement Act [this chapter] are fully applicable to this Act, and (ii) nothing in this Act shall be construed to alter or amend any of such provisions."
43 U.S.C. § 898 (2024) — Title 43: PUBLIC LANDS / Chapter 21: GRANTS IN AID OF RAILROADS AND WAGON ROADS / Section 898: Rights of purchasers from railroads of coterminous lands not within grants
Rights of purchasers from railroads of coterminous lands not within grants
Status: in_force

Where any said company shall have sold to citizens of the United States, or to persons who have declared their intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of such company, said lands being the numbered sections prescribed in the grant, and being coterminous with the constructed parts of said road, and where the lands so sold are for any reason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided, That all lands shall be excepted from the provisions of this section which at the date of such sales were in the bona fide occupation of adverse claimants under the preemption or homestead laws of the United States, and whose claims and occupation have not since been voluntarily abandoned, as to which excepted lands the said preemption and homestead claimants shall be permitted to perfect their proofs and entries and receive patents therefor: Provided further, That this section shall not apply to lands settled upon subsequent to the 1st day of December, 1882, by persons claiming to enter the same under the settlement laws of the United States, as to which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases.

(Mar. 3, 1887, ch. 376, §5, 24 Stat. 557.)
43 U.S.C. § 1573 (2024) — Title 43: PUBLIC LANDS / Chapter 32A: COLORADO RIVER BASIN SALINITY CONTROL / Subchapter I: PROGRAMS DOWNSTREAM FROM IMPERIAL DAM / Section 1573: Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs
Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs
Status: in_force

(a) The Secretary is authorized to:

(1) Construct, operate, and maintain, consistent with Minute No. 242, well fields capable of furnishing approximately one hundred and sixty thousand acre-feet of water per year for use in the United States and for delivery to Mexico in satisfaction of the 1944 Mexican Water Treaty.

(2) Acquire by purchase, eminent domain, or exchange, to the extent determined by him to be appropriate, approximately twenty-three thousand five hundred acres of lands or interests therein with approximately five miles of the Mexican border on the Yuma Mesa: Provided, however, That any such lands which are presently owned by the State of Arizona may be acquired or exchanged for Federal lands.

(3) Any lands removed from the jurisdiction of the Yuma Mesa Irrigation and Drainage District pursuant to clause (2) of this subsection which were available for use under the Gila Reauthorization Act (61 Stat. 628) [43 U.S.C. 613 et. seq.], shall be replaced with like lands within or adjacent to the Yuma Mesa division of the project. In the development of these substituted lands or any other lands within the Gila project, the Secretary may provide for full utilization of the Gila Gravity Main Canal in addition to contracted capacities.

(4) Effective October 1, 1979, and to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts under the terms and conditions of the Act of June 17, 1902 (43 U.S.C. 371 et seq.) as amended and supplemented for the delivery of water from said well field to entities within the United States for municipal and industrial or irrigation purposes: Provided, That such contracts for municipal and industrial purposes shall contain terms and conditions as substantially provided in section 485h(c)(1) of this title, and that contracts for replacement irrigation water supplies to prevent damage to existing water users on privately developed lands include water charges no greater than if such water users had continued to pump their own wells without the United States lowering the water table and that the acreage limitation and related provisions of the Reclamation Law will not be applicable to such privately developed lands: Provided further, That no contract shall be entered which will impair the ability of the United States to continue to deliver to Mexico on the land boundary at San Luis and in the Limitrophe Section of the Colorado River downstream from Morelos Dam approximately one hundred and forty thousand acre-feet annually, consistent with the terms contained in Minute No. 242 of the IBWC.

(b) The cost of work provided for in this section, including delivery of water to Mexico, shall be nonreimbursable; except to the extent that the waters furnished are used in the United States.

(Pub. L. 93–320, title I, §103, June 24, 1974, 88 Stat. 269; Pub. L. 96–336, §3, Sept. 4, 1980, 94 Stat. 1063.)

Editorial Notes

References in Text

The Gila Reauthorization Act, referred to in subsec. (a)(3), is act July 30, 1947, ch. 382, 61 Stat. 628, which was classified generally to subchapter XXI (§613 et seq.) of chapter 12 of this title, and was omitted from the Code.

Act of June 17, 1902, referred to in subsec. (a)(4), is act June 17, 1902, ch. 1093, 32 Stat. 388, 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 IBWC, referred to in subsec. (a)(4), is identified in section 1571 of this title.

Amendments

1980—Subsec. (a)(4). Pub. L. 96–336 added par. (4).
43 U.S.C. § 1197 (2024) — Title 43: PUBLIC LANDS / Chapter 28: MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS / Subchapter VIII: INDIAN LANDS / Section 1197: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 1197 was editorially reclassified as section 426 of Title 25, Indians.
43 U.S.C. § 327 (2024) — Title 43: PUBLIC LANDS / Chapter 9: DESERT-LAND ENTRIES / Section 327: Filing irrigation plan; association of entrymen
Filing irrigation plan; association of entrymen
Status: in_force

At the time of filing the declaration required in section 321 of this title the party shall also file a map of said land, which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural corps, and shall also show the source of the water to be used for irrigation and reclamation. Persons entering or proposing to enter separate sections, or fractional parts of sections, of desert lands, may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improvements.

(Mar. 3, 1877, ch. 107, §4, as added Mar. 3, 1891, ch. 561, §2, 26 Stat. 1096.)

Statutory Notes and Related Subsidiaries

Existing Claims; Repeals

Act Mar. 3, 1877, ch. 107, §6, as added by act Mar. 3, 1891, ch. 561, §2, 26 Stat. 1097, provided that existing claims should not be affected by act Mar. 3, 1891, but might be perfected under sections 321 to 323 of this title, or under sections 325 and 327 to 329 of this title, at the option of the claimant, and also repealed all acts and parts of acts in conflict with act Mar. 3, 1891.

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
43 U.S.C. § 50e (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 50e: USGS energy and minerals research facility
USGS energy and minerals research facility
Status: in_force

(a) Establishment

The Director of the United States Geological Survey (referred to in this section as the "Director"),1 shall fund, through a cooperative agreement with an academic partner, the design, construction, and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures.

(b) Ownership

The United States Geological Survey shall retain ownership of the facility and associated structures described in subsection (a).

(c) Agreements

The Director may enter into agreements with, and to collect and expend funds or in-kind contributions from, academic, Federal, State, or other tenants over the life of the facility described in subsection (a) for the purposes of—

(1) facility planning;

(2) design;

(3) maintenance;

(4) operation; or

(5) facility improvements.

(d) Leases

The Director may enter into a lease or other agreement with the academic partner with which the Director has entered into a cooperative agreement under subsection (a), at no cost to the Federal Government, to obtain land on which to construct the facility described in that subsection for a term of not less than 99 years.

(e) Reports

The Director shall submit to Congress annual reports on—

(1) the facility described in subsection (a); and

(2) the authorities used under this section.

(f) Authorization of appropriations

There is authorized to be appropriated to the Secretary of the Interior to carry out this section $167,000,000 for fiscal year 2022, to remain available until expended.

(Pub. L. 117–58, div. D, title II, §40204, Nov. 15, 2021, 135 Stat. 960.)

Statutory Notes and Related Subsidiaries

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.

1 So in original. The comma probably should not appear.
43 U.S.C. § 1594 (2024) — Title 43: PUBLIC LANDS / Chapter 32A: COLORADO RIVER BASIN SALINITY CONTROL / Subchapter II: MEASURES UPSTREAM FROM IMPERIAL DAM / Section 1594: Colorado River Basin Salinity Control Advisory Council
Colorado River Basin Salinity Control Advisory Council
Status: in_force

(a) There is created the Colorado River Basin Salinity Control Advisory Council composed of no more than three members from each State appointed by the Governor of each of the Colorado River Basin States.

(b) The Council shall be advisory only and shall—

(1) act as liaison between both the Secretaries of Interior and Agriculture and the Administrator of the Environmental Protection Agency and the States in accomplishing the purposes of this subchapter;

(2) receive reports from the Secretary on the progress of the salinity control program and review and comment on said reports; and

(3) recommend to both the Secretary and the Administrator of the Environmental Protection Agency appropriate studies of further projects, techniques, or methods for accomplishing the purposes of this subchapter.

(Pub. L. 93–320, title II, §204, June 24, 1974, 88 Stat. 272.)

Statutory Notes and Related Subsidiaries

Termination of Advisory Councils

Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
43 U.S.C. § 628 (2024) — Title 43: PUBLIC LANDS / Chapter 13: FEDERAL LANDS INCLUDED IN STATE IRRIGATION DISTRICTS / Section 628: Patents to entered but unpatented land
Patents to entered but unpatented land
Status: in_force

Any entered but unpatented lands not subject to the reclamation Act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), sold in the manner and for the purposes mentioned in this chapter may be patented to the purchaser thereof or his assignee at any time after the expiration of the period of redemption allowed by law under which it may have been sold (no redemption having been made) upon the payment to the officer designated by the Secretary of the Interior of the local land office of the minimum price of $1.25 per acre, or such other price as may be fixed by law for such lands, together with the usual fees and commissions charged in entries of like lands under the homestead laws, and upon a satisfactory showing that the irrigation works have been constructed and that water of the district is available for such land; but the purchaser or his assignee shall, at the time of application for patent, have the qualification of a homestead entryman or desert-land entryman, and not more than one hundred and sixty acres of said land shall be patented to any one purchaser under the provisions of this chapter.

These limitations shall not apply to sales to irrigation districts, but shall apply to purchasers from such irrigation districts of such land bid in by said district.

Unless the purchaser or his assignee of such lands shall, within ninety days after the time for redemption has expired, pay to the proper officer designated by the Secretary of the Interior all fees and commissions and the purchase price to which the United States shall be entitled as provided for in this chapter, any person having the qualification of a homestead entryman or a desert-land entryman may pay to the proper officer designated by the Secretary of the Interior for not more than one hundred and sixty acres of said lands, for which payment has not been made, the unpaid purchase price, fees, and commissions to which the United States may be entitled; and upon satisfactory proof that he has paid to the purchaser at the tax sale, or his assignee or to the proper officer of the district for such purchaser or for the district, as the case may be, the sum for which the land was sold at sale for irrigation-district charges or bid in by the district at such sale, and in addition thereto the interest and penalties on the amount bid at the rate allowed by law, shall be subrogated to the rights of such purchaser to receive patent for said land.

In any case where any tract of entered land lying within such approved irrigation district shall become vacant by relinquishment or cancellation for any cause, any subsequent applicant therefor shall be required, in addition to the qualifications and requirements otherwise provided, to furnish satisfactory proof by certificate from the proper district or county officer that he has paid all charges then due to the district upon said land and also has paid to the proper district or county officer for the holder or holders of any tax certificates, delinquency certificates, or other proper evidence of purchase at tax sale the amount for which the said land was sold at tax sale, together with the interest and penalties thereon provided by law.

(Aug. 11, 1916, ch. 319, §6, 39 Stat. 508; 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.)

Editorial Notes

References in Text

The reclamation Act of June seventeenth, nineteen hundred and two, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, 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.

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.

"Officer designated by the Secretary of the Interior" substituted for "register" on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. Previously, references to "receiver" were changed to "register" by acts Oct. 28, 1921, and Mar. 3, 1925.
43 U.S.C. § 422f (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter IV: CONSTRUCTION OF SMALL PROJECTS / Section 422f: Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract
Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract
Status: in_force

Any proposal with respect to the construction of a project which has theretofore been authorized for construction under the Federal reclamation laws shall be made in like manner as a proposal under section 422d of this title, but the Secretary may waive such requirements of subsections (a) and (b) of section 422d of this title as he finds to be duplicative of, or rendered unnecessary or impossible by, action already taken by the United States. Upon approval of any such proposal by the Secretary he may negotiate and execute a contract which conforms, as nearly as may be, to the provisions of section 422e of this title.

(Aug. 6, 1956, ch. 972, §6, 70 Stat. 1046.)

Editorial Notes

References in Text

The Federal reclamation laws, referred to in text, are defined in section 422b of this title.
43 U.S.C. § 390cc (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 390cc: New or amended contracts
New or amended contracts
Status: in_force

(a) Generally

The provisions of this subchapter shall be applicable to any district which—

(1) enters into a contract with the Secretary subsequent to October 12, 1982;

(2) enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or

(3) which amends its contract for the purpose of conforming to the provisions of this subchapter.

(b) Amendment of existing contracts

Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [43 U.S.C. 390ii—390zz–1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water may be delivered to lands leased in excess of a landholding of one hundred and sixty acres only if full cost, as defined in section 390bb(3)(A) of this title, is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as provided in section 390ee(a)(3) of this title.

(c) Election by qualified or limited recipients in absence of amendment to contract

In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient or limited recipient may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election.

(d) Consent of non-Federal party

Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.

(Pub. L. 97–293, title II, §203, Oct. 12, 1982, 96 Stat. 1264.)

Editorial Notes

References in Text

Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title.

Sections 209 through 230 of this title, referred to in subsec. (b), are sections 209 through 230 of title II of Pub. L. 97–293, which enacted sections 390ii through 390zz–1 of this title, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians.
43 U.S.C. § 466 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter IX: CONSTRUCTION CHARGES / Section 466: Surveys to correct errors or inequalities in original basis of project
Surveys to correct errors or inequalities in original basis of project
Status: in_force

On each project existing prior to December 5, 1924, where, in the opinion of the Secretary, it appears that on account of lack of fertility in the soil, an inadequate water supply, or other physical causes, settlers are unable to pay construction costs, or whenever it appears that the cost of any reclamation project by reason of error or mistake or for any cause has been apportioned or charged upon a smaller area of land than the total area of land under said project, the Secretary is authorized to undertake a comprehensive and detailed survey to ascertain all pertinent facts, and report in each case the result of such survey to the Congress, with his recommendations: Provided, That the cost and expense of each such survey shall be charged to the appropriation for the project on account of which the same is made, but shall not be charged as a part of the construction or operation and maintenance cost payable by the water users under the project.

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

Statutory Notes and Related Subsidiaries

Definitions

The definitions in section 371 of this title apply to this section.
43 U.S.C. § 32 (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 32: Acting Director
Acting Director
Status: in_force

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

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

Statutory Notes and Related Subsidiaries

Change of Name

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

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. § 620g (2024) — Title 43: PUBLIC LANDS / Chapter 12B: COLORADO RIVER STORAGE PROJECT / Section 620g: Recreational and fish and wildlife facilities
Recreational and fish and wildlife facilities
Status: in_force

In connection with the development of the Colorado River storage project and of the participating projects, the Secretary is authorized and directed to investigate, plan, construct, operate, and maintain (1) public recreational facilities on lands withdrawn or acquired for the development of said project or of said participating projects, to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, and to provide for public use and enjoyment of the same and of the water areas created by these projects by such means as are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of, and improve conditions for, the propagation of fish and wildlife. The Secretary is authorized to acquire lands necessary for the construction, operation, and maintenance of the facilities herein provided, and to dispose of them to Federal, State, and local governmental agencies by lease, transfer, exchange, or conveyance upon such terms and conditions as will best promote their development and operation in the public interest. All costs incurred pursuant to this section shall be nonreimbursable and nonreturnable.

(Apr. 11, 1956, ch. 203, §8, 70 Stat. 110; Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792.)

Editorial Notes

Amendments

1976—Pub. L. 94–579 struck out provisions authorizing withdrawal of public lands from entry or other disposition under the public land laws.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 983 (2024) — Title 43: PUBLIC LANDS / Chapter 23: GRANTS OF SWAMP AND OVERFLOWED LANDS / Section 983: Lists and plats of lands, for governors of States
Lists and plats of lands, for governors of States
Status: in_force

It shall be the duty of the Secretary of the Interior, to make accurate lists and plats of all such lands, and transmit the same to the governors of the several States in which such lands may lie, and at the request of the governor of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, conveying to said State the fee simple of said land.

The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains.

(R.S. §2480.)

Editorial Notes

Codification

R.S. §2480 derived from act Sept. 28, 1850, ch. 84, §2, 9 Stat. 519.
43 U.S.C. § 1303 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter I: GENERAL PROVISIONS / Section 1303: Amendment, modification, or repeal of other laws
Amendment, modification, or repeal of other laws
Status: in_force

Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.

(May 22, 1953, ch. 65, title II, §7, 67 Stat. 32.)

Editorial Notes

References in Text

Act July 26, 1866 (14 Stat. 251), referred to in text, is act July 26, 1866, ch. 262, 14 Stat. 251, which is not classified to the Code.

Act July 9, 1870 (16 Stat. 217), referred to in text, is act July 9, 1870, ch. 235, 16 Stat. 217, which is not classified to the Code.

Act March 3, 1877 (19 Stat. 377), referred to in text, is act Mar. 3, 1877, ch. 107, 19 Stat. 377, as amended, popularly known as the Desert Lands Act, which is classified generally to sections 321 to 323, 325, and 327 to 329 of this title. For complete classification of this Act to the Code, see Tables.

Act June 17, 1902 (32 Stat. 388), referred to in text, is popularly known as the Reclamation Act, which is classified generally to chapter 12 (§371) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.

Act December 22, 1944 (58 Stat. 887), referred to in text, is act Dec. 22, 1944, ch. 665, 58 Stat. 887, which enacted section 390 of this title, sections 460d and 825s of Title 16, Conservation, and sections 701–1, 701a–1, 708, and 709 of Title 33, Navigation and Navigable Waters, amended section 701b–1 of Title 33, and enacted provisions set out as notes under section 701f of Title 33. For complete classification of this Act to the Code, see Tables.
43 U.S.C. § 92 (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 92: Lists furnished with deposits
Lists furnished with deposits
Status: in_force

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

(Mar. 2, 1907, ch. 2562, §2, 34 Stat. 1245; 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.)

Editorial Notes

Codification

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

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.

Words "officer designated by the Secretary of the Interior" and "officer" substituted for "register" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 1715 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter II: LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION / Section 1715: Acquisitions of public lands and access over non-Federal lands to National Forest System units
Acquisitions of public lands and access over non-Federal lands to National Forest System units
Status: in_force

(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture

Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System.

(b) Conformity to departmental policies and land-use plan of acquisitions

Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans.

(c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within National Forest System boundaries

Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or section 1716 of this title shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public lands. If such acquired lands or interests in lands are located within the exterior boundaries of a grazing district established pursuant to section 315 of this title, they shall become a part of that district. Lands and interests in lands acquired pursuant to this section which are within boundaries of the National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws, rules, and regulations applicable thereto.

(d) Status of lands and interests in lands upon acquisition by Secretary of Agriculture

Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this section shall, upon acceptance of title, become National Forest System lands subject to all the laws, rules, and regulations applicable thereto.

(e) Status and administration of lands acquired in exchange for lands revested in or reconveyed to United States

Lands acquired by the Secretary pursuant to this section or section 1716 of this title in exchange for lands which were revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for all purposes to have the same status as, and shall be administered in accordance with the same provisions of law applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary.

(Pub. L. 94–579, title II, §205, Oct. 21, 1976, 90 Stat. 2755; Pub. L. 99–632, §5, Nov. 7, 1986, 100 Stat. 3521.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (a) and (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.

Act of June 9, 1916, referred to in subsec. (e), is not classified to the Code.

Act of February 26, 1919, referred to in subsec. (e), is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.

Amendments

1986—Subsec. (c). Pub. L. 99–632, §5(1), inserted exception relating to subsec. (e).

Subsec. (e). Pub. L. 99–632, §5(2), added subsec. (e).
43 U.S.C. § 2428 (2024) — Title 43: PUBLIC LANDS / Chapter 42: RURAL WATER SUPPLY / Subchapter II: TWENTY-FIRST CENTURY WATER WORKS / Section 2428: Interagency coordination and cooperation
Interagency coordination and cooperation
Status: in_force

(a) Consultation

The Secretary shall consult with the Secretary of Agriculture before promulgating criteria with respect to financial appraisal functions and loan guarantee administration for activities carried out under this subchapter.

(b) Memorandum of agreement

The Secretary and the Secretary of Agriculture shall enter into a memorandum of agreement providing for Department of Agriculture financial appraisal functions and loan guarantee administration for activities carried out under this subchapter.

(Pub. L. 109–451, title II, §209, Dec. 22, 2006, 120 Stat. 3360.)
43 U.S.C. § 871 (2024) — Title 43: PUBLIC LANDS / Chapter 20: RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES / Section 871: Certain grants and laws unaffected
Certain grants and laws unaffected
Status: in_force

Nothing contained in section 870 of this title is intended or shall be held or construed to increase, diminish, or affect the rights of States under grants other than for the support of common or public schools by numbered school sections in place, and said section shall not apply to indemnity or lieu selections or exchanges or the right after January 25, 1927, to select indemnity for numbered school sections in place lost to the State under the provisions of said section or any Acts, and all existing laws governing such grants and indemnity or lieu selections and exchanges are continued in full force and effect.

(Jan. 25, 1927, ch. 57, §2, 44 Stat. 1027.)
43 U.S.C. § 568 (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 568: Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites
Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites
Status: in_force

Reclamation funds shall be available for the payment of all expenses incurred in executing the provisions of sections 561 to 563 and 566 of this title relating to town sites, and the proceeds of all sales of town sites shall be covered into the reclamation fund.

(June 27, 1906, ch. 3559, §4, 34 Stat. 520.)

Editorial Notes

Codification

Section is based on part of the proviso of section 4 of act June 27, 1906. The remainder of section 4 is classified to section 561 and former section 594 of this title.
43 U.S.C. § 75a (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 75a: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646, 652
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646, 652
Status: repealed

Section 75a, act May 17, 1926, ch. 303, 44 Stat. 558, authorized administration of oaths by an employee of Department of the Interior designated to act as register.

Section 76, R.S. §2244; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to term of office of registers.

Section 77, R.S. §2222; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for continuation of duties and bond of register after expiration of his commission.

Section 78, R.S. §2235; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required register to reside at place where land office was located.

Section 79, R.S. §2236; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required registers to give bond in the penal sum of $10,000.

Section 79a, act Apr. 24, 1944, ch. 177, §1, 58 Stat. 215, related to bond for registers.

Section 79b, act Apr. 24, 1944, ch. 177, §2, 58 Stat. 215, related to compensation for registers.
43 U.S.C. § 645 (2024) — Title 43: PUBLIC LANDS / Chapter 14: GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION / Section 645: Additional arid lands available to Colorado, Idaho, Nevada, and Wyoming for reclamation
Additional arid lands available to Colorado, Idaho, Nevada, and Wyoming for reclamation
Status: in_force

An additional one million acres of arid lands within each of the States of Colorado, Idaho, Nevada, and Wyoming is made available and subject to the terms of section 641 of this title, and the States of Colorado, Nevada, Idaho, and Wyoming are allowed under the provisions of said section said additional area or so much thereof as may be necessary for the purposes and under the provisions of said section.

(May 27, 1908, ch. 200, 35 Stat. 347; Mar. 4, 1911, ch. 285, 36 Stat. 1417; Aug. 21, 1911, No. 7, 37 Stat. 38.)
43 U.S.C. § 315g (2024) — Title 43: PUBLIC LANDS / Chapter 8A: GRAZING LANDS / Subchapter I: GENERALLY / Section 315g: Repealed. Pub. L. 94-579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792
Repealed. Pub. L. 94-579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792
Status: repealed

Section 315g, acts June 28, 1934, ch. 865, §8, 48 Stat. 1272; June 26, 1936, ch. 842, title I, §3, 49 Stat. 1976; June 19, 1948, ch. 548, §1, 62 Stat. 533, related to acceptance of donations of grazing lands.

Section 315g–1, Pub. L. 87–524, July 9, 1962, 76 Stat. 140, authorized lands acquired under former section 315g of this title which were parts of national forests to be continued in such status.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 705(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. § 869 (2024) — Title 43: PUBLIC LANDS / Chapter 20: RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES / Section 869: Disposal of lands for public or recreational purposes
Disposal of lands for public or recreational purposes
Status: in_force

(a) Application; conditions; classification; restoration if not applied for

The Secretary of the Interior upon application filed by a duly qualified applicant under section 869–1 of this title may, in the manner prescribed by sections 869 to 869–4 of this title, dispose of any public lands to a State, federally recognized Indian Tribe, Territory, county, municipality, or other State, Tribal, Territorial, or Federal instrumentality or political subdivision for any public purposes, or to a nonprofit corporation or nonprofit association for any recreational or any public purpose consistent with its articles of incorporation or other creating authority. Before the land may be disposed of under sections 869 to 869–4 of this title it must be shown to the satisfaction of the Secretary that the land is to be used for an established or definitely proposed project, that the land involved is not of national significance nor more than is reasonably necessary for the proposed use, and that for proposals of over 640 acres comprehensive land use plans and zoning regulations applicable to the area in which the public lands to be disposed of are located have been adopted by the appropriate State, Tribal, or local authority. The Secretary shall provide an opportunity for participation by affected citizens in disposals under sections 869 to 869–4 of this title, including public hearings or meetings where he deems it appropriate to provide public comments, and shall hold at least one public meeting on any proposed disposal of more than six hundred forty acres under sections 869 to 869–4 of this title. The Secretary may classify public lands in Alaska for disposition under sections 869 to 869–4 of this title. Lands so classified may not be appropriated under any other public land law unless the Secretary revises such classification or authorizes the disposition of an interest in the lands under other applicable law. If, within eighteen months following such classification, no application has been filed for the purpose for which the lands have been so classified, then the Secretary shall restore such lands to appropriation under the applicable public land laws.

(b) Acreage limitations

Conveyances made in any one calendar year shall be limited as follows:

(1) For recreational purposes:

(A) To any State or the State park agency or any other agency having jurisdiction over the State park system of such State designated by the Governor of that State as its sole representative for acceptance of lands under this provision, hereinafter referred to as the State, or to any political subdivision of such State, six thousand four hundred acres, and such additional acreage as may be needed for small roadside parks and rest sites of not more than ten acres each.

(B) To any nonprofit corporation or nonprofit association, six hundred and forty acres.

(C) No more than twenty-five thousand six hundred acres may be conveyed for recreational purposes under sections 869 to 869–4 of this title in any one State per calendar year. Should any State or political subdivision, however, fail to secure, in any one year, six thousand four hundred acres, not counting lands for small roadside parks and rest sites, conveyances may be made thereafter if pursuant to an application on file with the Secretary of the Interior on or before the last day of said year and to the extent that the conveyance would not have exceeded the limitations of said year.

(D) To any federally recognized Indian Tribe, 6,400 acres.

(2) For public purposes other than recreation:

(A) To any State or agency or instrumentality thereof, for any one program, six hundred and forty acres.

(B) To any political subdivision of a State, six hundred and forty acres.

(C) To any nonprofit corporation or nonprofit association, six hundred and forty acres.

(D) To any federally recognized Indian Tribe, 640 acres.

(c) Lands withdrawn in aid of functions of a department, agency, State, etc.; lands excepted from disposal

Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, Territory, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under sections 869 to 869–4 of this title only with the consent of such Federal department or agency, or of such State, Territory, or local governmental unit. Nothing in sections 869 to 869–4 of this title shall be construed to apply to lands in any national forest, national park, or national monument, or national wildlife refuge, or to any Indian lands or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians, or, except insofar as sections 869 to 869–4 of this title apply to leases of land to States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal instrumentalities and political subdivisions and to municipal corporations, to the revested Oregon and California Railroad grant lands and the reconveyed Coos Bay Wagon Road grant lands in the State of Oregon. Nor shall any disposition be made under sections 869 to 869–4 of this title for any use authorized under any other law.

(June 14, 1926, ch. 578, §1, 44 Stat. 741; June 4, 1954, ch. 263, 68 Stat. 173; Pub. L. 86–66, §2, June 23, 1959, 73 Stat. 110; Pub. L. 86–292, §1, Sept. 21, 1959, 73 Stat. 571; Pub. L. 86–755, Sept. 13, 1960, 74 Stat. 899; Pub. L. 94–579, title II, §212(a), (b), Oct. 21, 1976, 90 Stat. 2759; Pub. L. 117–328, div. DD, title I, §104(a), Dec. 29, 2022, 136 Stat. 5580.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–328, §104(a)(1), inserted "federally recognized Indian Tribe," before "Territory," and "Tribal," before "Territorial," in first sentence and ", Tribal," before "or local authority" in second sentence.

Subsec. (b). Pub. L. 117–328, §104(a)(2), redesignated cls. (i) and (ii) as pars. (1) and (2), respectively, and added subpar. (D) to pars. (1) and (2).

Subsec. (c). Pub. L. 117–328, §104(a)(3), substituted "States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal" for "States and counties and to State and Federal" and struck out ", except for a use authorized under sections 682a to 682e of this title" before period at end.

1976—Subsec. (a). Pub. L. 94–579, §212(a), inserted provisions requiring lands proposed to be disposed not to be of national significance nor more than reasonably necessary for the proposed use, provisions relating to proposals of over 640 acres, and provisions relating to participation by affected individuals.

Subsec. (b)(1). Pub. L. 94–579, §212(b), in cl. (A) inserted reference to State political subdivision and struck out limitation of three sites, limitation of six sites for calendar years 1960, 1961, and 1962, and proviso for additional sites where conveyances in one year did not meet the authorized number, in cl. (B) substituted "nonprofit corporation or nonprofit association" for "political subdivision of a State", and in cl. (C) substituted provisions relating to authorization for a calendar year, for provisions authorizing six hundred and forty acres to any nonprofit corporation or association.

1960—Subsec. (b)(i)(A). Pub. L. 86–755 inserted "or the State park agency or any other agency having jurisdiction over the State park system of said State designated by the Governor of that State as its sole representative for acceptance of lands under this provision," after "State" and inserted proviso.

1959—Subsec. (b). Pub. L. 86–292 substituted acreage limitations making special allowances to States for recreational areas for provision which limited conveyance to 640 acres to any one grantee in any one calendar year.

Subsec. (c). Pub. L. 86–66 substituted provisions making sections 869 to 869–4 of this title inapplicable, except insofar as those sections apply to leases of land to States and counties and to State and Federal instrumentalities and political subdivisions and to municipal corporations, to revested Oregon and California Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands in the State of Oregon, for provisions which made those sections inapplicable to the revested Oregon and California Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands.

1954—Act June 4, 1954, divided provisions of act June 14, 1926, on which this section is based, into separate sections (now set out as this section and sections 869–1 to 869–4 of this title), and changed provisions generally to broaden authority of Secretary of the Interior to dispose of public lands for public purposes (1) by including provisions for disposal thereof to Territories (including Alaska), other political subdivisions, and nonprofit corporations and associations rather than to States, counties, and municipalities only, (2) by permitting the disposal thereof for "public" purposes, rather than merely for "recreational" purposes as theretofore, (3) by striking out "nonmineral" in describing the lands which may be so disposed of, (4) by inserting limitation provisions set out in subsecs. (b) and (c) of this section, (5) by amending and transferring to section 2 of that act (section 869–1 of this title) provisions governing methods of, and conditions with respect to the, disposing of the lands for those purposes (see Prior Provisions note set out under section 869–1 of this title), including provision for the reservation of mineral deposits, (6) by amending and transferring to section 3 of that act (section 869–2 of this title) provisions with respect to reversion of the lands to the United States in certain cases (see Prior Provisions note set out under section 869–2 of this title), (7) by enacting, as section 4 of that act, provisions set out as section 869–3 of this title, and (8) by inserting provision in this section that disposals should be made "upon application by a duly qualified applicant" under section 869–1 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1960 Amendment

Pub. L. 86–755, Sept. 13, 1960, 74 Stat. 899, provided that the amendment made by Pub. L. 86–755 is effective Sept. 21, 1959.

Short Title of 1988 Amendment

Pub. L. 100–648, §1, Nov. 10, 1988, 102 Stat. 3813, provided that: "This Act [amending section 869–2 of this title and enacting provisions set out as notes under section 869–2 of this title] may be cited as the 'Recreation and Public Purposes Amendment Act of 1988'."

Short Title

Act June 14, 1926, ch. 578, 44 Stat. 741, which enacted sections 869 to 869–4 of this title, is popularly known as the "Recreation and Public Purposes Act".

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 1600c (2024) — Title 43: PUBLIC LANDS / Chapter 32B: COLORADO RIVER FLOODWAY / Section 1600c: Colorado River Floodway
Colorado River Floodway
Status: in_force

(a) Establishment

There is established the Colorado River Floodway as identified and generally depicted on maps that are to be submitted by the Secretary.

(b) Study of tributary floodflows; determination of Floodway boundary

Within eighteen months after October 8, 1986, the Secretary, in consultation with the seven Colorado River Basin States, represented by persons designated by the Governors of those States, the Colorado River Floodway Task Force, and any other interested parties shall:

(1) complete a study of the tributary floodflows downstream of Davis Dam;

(2) define the specific boundaries of the Colorado River Floodway so that the Floodway can accommodate either a one-in-one hundred year river flow consisting of controlled releases and tributary inflow, or a flow of forty thousand cubic feet per second (cfs), whichever is greater, from below Davis Dam to the Southerly International Boundary between the United States of America and the Republic of Mexico.

(c) Review and modification of boundaries; notice and comment; written justification for decision of Secretary

(1) The Secretary shall conduct, at least once every five years, a review of the Colorado River Floodway and make, after notice to and in consultation with appropriate chief executive officers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdictions in which the Floodway is located, and others, such minor and technical modifications to the boundaries of the Floodway as are necessary solely to reflect changes that have occurred in the size or location of any portion of the floodplain as a result of natural forces, and as necessary pursuant to subsection (c) of section 1600e of this title.

(2) If, in the case of any minor and technical modification to the boundaries of the Floodway made under the authority of this subsection, an appropriate chief executive officer of a State, county, municipality, water district, Indian tribe, or equivalent jurisdiction, to which notice was given in accordance with this subsection files comments disagreeing with all or part of the modification and the Secretary makes a modification which is in conflict with such comments, the Secretary shall submit to the chief executive officer a written justification for his failure to make modifications consistent with such comments or proposals.

(Pub. L. 99–450, §5, Oct. 8, 1986, 100 Stat. 1131; Pub. L. 105–362, title IX, §901(d), Nov. 10, 1998, 112 Stat. 3289.)

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–362, §901(d)(1), struck out par. (1) designation, redesignated cls. (i) and (ii) of former par. (1) as pars. (1) and (2), respectively, and struck out former pars. (2) and (3) which related to preparation and filing of maps with congressional committees, Federal, State, and local government agencies, and federally insured financial institutions.

Subsec. (c)(1). Pub. L. 105–362, §901(d)(2), substituted "appropriate chief executive officers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdictions in which the Floodway is located," for "the appropriate officers referred to in paragraph (3) of subsection (b) of this section,".
43 U.S.C. § 937 (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 937: Filing profile of road; forfeiture of rights
Filing profile of road; forfeiture of rights
Status: in_force

Any railroad company desiring to secure the benefits of sections 934 to 939 of this title, shall, within twelve months after the location of any section of twenty miles of its road, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a profile of its road; and upon approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road.

(Mar. 3, 1875, ch. 152, §4, 18 Stat. 483; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal 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

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.

"Officer, as the Secretary of the Interior may designate" substituted for "register" on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.
43 U.S.C. § 1603 (2024) — Title 43: PUBLIC LANDS / Chapter 33: ALASKA NATIVE CLAIMS SETTLEMENT / Section 1603: Declaration of settlement
Declaration of settlement
Status: in_force

(a) Aboriginal title extinguishment through prior land and water area conveyances

All prior conveyances of public land and water areas in Alaska, or any interest therein, pursuant to Federal law, and all tentative approvals pursuant to section 6(g) of the Alaska Statehood Act, shall be regarded as an extinguishment of the aboriginal title thereto, if any.

(b) Aboriginal title and claim extinguishment where based on use and occupancy; submerged lands underneath inland and offshore water areas and hunting or fishing rights included

All aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy, including submerged land underneath all water areas, both inland and offshore, and including any aboriginal hunting or fishing rights that may exist, are hereby extinguished.

(c) Aboriginal claim extinguishment where based on right, title, use, or occupancy of land or water areas; domestic statute or treaty relating to use and occupancy; or foreign laws; pending claims

All claims against the United States, the State, and all other persons that are based on claims of aboriginal right, title, use, or occupancy of land or water areas in Alaska, or that are based on any statute or treaty of the United States relating to Native use and occupancy, or that are based on the laws of any other nation, including any such claims that are pending before any Federal or state court or the Indian Claims Commission, are hereby extinguished.

(Pub. L. 92–203, §4, Dec. 18, 1971, 85 Stat. 689.)

Editorial Notes

References in Text

Section 6(g) of the Alaska Statehood Act, referred to in subsec. (a), is section 6(g) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.
43 U.S.C. § 509 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XI: MAINTENANCE AND OPERATION OF WORKS GENERALLY / Section 509: Authorization of appropriations; report to Congress
Authorization of appropriations; report to Congress
Status: in_force

There are hereby authorized to be appropriated for fiscal year 1979 and ensuing fiscal years such sums as may be necessary and, effective October 1, 1983, not to exceed an additional $650,000,000 (October 1, 1983, price levels), and, effective October 1, 2000, not to exceed an additional $95,000,000 (October 1, 2000, price levels), and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels), and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels), and effective October 1, 2015, not to exceed an additional $1,100,000,000 (October 1, 2003, price levels), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein, to carry out the provisions of this subchapter to remain available until expended if so provided by the appropriations Act: Provided, That no funds exceeding $20,000,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes, shall be obligated for carrying out actual construction to modify an existing dam under authority of this subchapter prior to 30 calendar days from the date that the Secretary has transmitted a report on such existing dam to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report required to be submitted by this section will consist of a finding by the Secretary of the Interior to the effect that modifications are required to be made to insure the safety of an existing dam. Such finding shall be accompanied by a technical report containing information on the need for structural modification, the corrective action deemed to be required, alternative solutions to structural modification that were considered, the estimated cost of needed modifications, and environmental impacts if any resulting from the implementation of the recommended plan of modification. For modification expenditures between $1,800,000 and $20,000,000 (October 1, 2015, price levels), the Secretary of the Interior shall, at least 30 days before the date on which the funds are expended, submit written notice of the expenditures to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate that provides a summary of the project, the cost of the project, and any alternatives that were considered.

(Pub. L. 95–578, §5, Nov. 2, 1978, 92 Stat. 2471; Pub. L. 98–404, §1(3), Aug. 28, 1984, 98 Stat. 1482; Pub. L. 106–377, §1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A–67; Pub. L. 107–117, div. B, §503(2), Jan. 10, 2002, 115 Stat. 2308; Pub. L. 108–439, §1(b), Dec. 3, 2004, 118 Stat. 2627; Pub. L. 114–113, div. D, title II, §204, Dec. 18, 2015, 129 Stat. 2406.)

Editorial Notes

Amendments

2015—Pub. L. 114–113, §204(b), in proviso, substituted "$20,000,000" for "$1,250,000" and "Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate" for "Congress" and inserted at end "For modification expenditures between $1,800,000 and $20,000,000 (October 1, 2015, price levels), the Secretary of the Interior shall, at least 30 days before the date on which the funds are expended, submit written notice of the expenditures to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate that provides a summary of the project, the cost of the project, and any alternatives that were considered."

Pub. L. 114–113, §204(a), which directed insertion of "and effective October 1, 2015, not to exceed an additional $1,100,000,000 (October 1, 2003, price levels)," after "(October 1, 2003, price levels)," in first sentence, was executed by making the insertion after "(October 1, 2003, price levels)," first time appearing to reflect the probable intent of Congress.

2004—Pub. L. 108–439 inserted "and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels)," after "(October 1, 2001, price levels)," and substituted "$1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes," for "$750,000".

2002—Pub. L. 107–117 inserted "and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels)," after "(October 1, 2000, price levels),".

2000—Pub. L. 106–377 inserted "and, effective October 1, 2000, not to exceed an additional $95,000,000 (October 1, 2000, price levels)," after "(October 1, 1983, price levels)," and substituted "30 calendar days" for "sixty days (which sixty days shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain)".

1984—Pub. L. 98–404 substituted "and, effective October 1, 1983, not to exceed an additional $650,000,000 (October 1, 1983, price levels), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein, to carry out the provisions of this subchapter to remain available until expended if so provided by the appropriations Act: Provided, That no funds exceeding $750,000" for ", but not to exceed $100,000,000, to carry out the provisions of this subchapter of this title to remain available until expended if so provided by the appropriations Act: Provided, That no funds".
43 U.S.C. § 600b (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XVII: LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY / Section 600b: Canadian River project, Texas
Canadian River project, Texas
Status: in_force

For the purposes of irrigating land, delivering water for industrial and municipal use, controlling floods, providing recreation and fish and wildlife benefits, and controlling and catching silt, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Canadian River reclamation project, Texas, described in the report of the Commissioner of Reclamation approved by the Secretary May 3, 1950, entitled "Plan for Development, Canadian River Project, Texas", Project Planning Report Number 5–12.22–1, at an estimated cost of $86,656,000, the impounding works whereof shall be located at a suitable site on the Canadian River in that area known as the Panhandle of Texas. In addition to the impounding works, the project shall include such main canals, pumping plants, distribution and drainage systems, and other works as are necessary to accomplish the purposes of sections 600b and 600c of this title. The use by the project of waters arising in Ute and Pajarito Creeks, New Mexico, shall be only such use as does not conflict with use, present or potential, of such waters for beneficial consumptive purposes in New Mexico.

(Dec. 29, 1950, ch. 1183, §1, 64 Stat. 1124.)

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 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.

Statutory Notes and Related Subsidiaries

Authorization of Appropriations

Act Dec. 29, 1950, ch. 1183, §3, 64 Stat. 1125, provided that: "There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be required to carry out the purposes of this Act [enacting this section and section 600c of this title]."

Canadian River Project Prepayment

Pub. L. 105–316, Oct. 30, 1998, 112 Stat. 2999, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Canadian River Project Prepayment Act'.

"SEC. 2. DEFINITIONS.

"For the purposes of this Act:

"(1) The term 'Authority' means the Canadian River Municipal Water Authority, a conservation and reclamation district of the State of Texas.

"(2) The term 'Canadian River Project Authorization Act' means the Act entitled 'An Act to authorize the construction, operation, and maintenance by the Secretary of the Interior of the Canadian River reclamation project, Texas', approved December 29, 1950 (ch. 1183; 64 Stat. 1124) [enacting this section, section 600c of this title, and provisions set out as a note above].

"(3) The term 'Project' means all of the right, title and interest in and to all land and improvements comprising the pipeline and related facilities of the Canadian River Project authorized by the Canadian River Project Authorization Act.

"(4) The term 'Secretary' means the Secretary of the Interior.

"SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.

"(a) In General.—(1) In consideration of the Authority accepting the obligation of the Federal Government for the Project and subject to the payment by the Authority of the applicable amount under paragraph (2) within the 360-day period beginning on the date of the enactment of this Act [Oct. 30, 1998], the Secretary shall convey the Project to the Authority, as provided in section 2(c)(3) of the Canadian River Project Authorization Act (64 Stat. 1124) [section 600c(c)(3) of this title].

"(2) For purposes of paragraph (1), the applicable amount shall be—

"(A) $34,806,731, if payment is made by the Authority within the 270-day period beginning on the date of the enactment of this Act; or

"(B) the amount specified in subparagraph (A) adjusted to include interest on that amount since the date of the enactment of this Act at the appropriate Treasury bill rate for an equivalent term, if payment is made by the Authority after the period referred to in subparagraph (A).

"(3) If payment under paragraph (1) is not made by the Authority within the period specified in paragraph (1), this Act shall have no force or effect.

"(b) Financing.—Nothing in this Act shall be construed to affect the right of the Authority to use a particular type of financing.

"SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.

"(a) In General.—Nothing in this Act shall be construed as significantly expanding or otherwise changing the use or operation of the Project from its current use and operation.

"(b) Future Alterations.—If the Authority alters the operations or uses of the Project it shall comply with all applicable laws or regulations governing such alteration at that time.

"(c) Recreation.—The Secretary of the Interior, acting through the National Park Service, shall continue to operate the Lake Meredith National Recreation Area at Lake Meredith.

"(d) Flood Control.—The Secretary of the Army, acting through the Corps of Engineers, shall continue to prescribe regulations for the use of storage allocated to flood control at Lake Meredith as prescribed in the Letter of Understanding entered into between the Corps, the Bureau of Reclamation, and the Authority in March and May 1980.

"(e) Sanford Dam Property.—The Authority shall have the right to occupy and use without payment of lease or rental charges or license or use fees the property retained by the Bureau of Reclamation at Sanford Dam and all buildings constructed by the United States thereon for use as the Authority's headquarters and maintenance facility. Buildings constructed by the Authority on such property, or past and future additions to Government constructed buildings, shall be allowed to remain on the property. The Authority shall operate and maintain such property and facilities without cost to the United States.

"SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

"(a) Payment Obligations Extinguished.—Provision of consideration by the Authority in accordance with section 3(b) shall extinguish all payment obligations under contract numbered 14–06–500–485 between the Authority and the Secretary.

"(b) Operation and Maintenance Costs.—After completion of the conveyance provided for in section 3, the Authority shall have full responsibility for the cost of operation and maintenance of Sanford Dam, and shall continue to have full responsibility for operation and maintenance of the Project pipeline and related facilities.

"(c) In General.—Rights and obligations under the existing contract No. 14–06–500–485 between the Authority and the United States, other than provisions regarding repayment of construction charge obligation by the Authority and provisions relating to the Project aqueduct, shall remain in full force and effect for the remaining term of the contract.

"SEC. 6. RELATIONSHIP TO OTHER LAWS.

"Upon conveyance of the Project under this Act, the Reclamation Act of 1902 (82 Stat. 388) [probably means act June 17, 1902, ch. 1093, 32 Stat. 388, see Short Title note under section 371 of this title] and all Acts amendatory thereof or supplemental thereto shall not apply to the Project.

"SEC. 7. LIABILITY.

"Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property."
43 U.S.C. § 2105 (2024) — Title 43: PUBLIC LANDS / Chapter 39: ABANDONED SHIPWRECKS / Section 2105: Rights of ownership
Rights of ownership
Status: in_force

(a) United States title

The United States asserts title to any abandoned shipwreck that is—

(1) embedded in submerged lands of a State;

(2) embedded in coralline formations protected by a State on submerged lands of a State; or

(3) on submerged lands of a State and is included in or determined eligible for inclusion in the National Register.

(b) Notice of shipwreck location; eligibility determination for inclusion in National Register of Historic Places

The public shall be given adequate notice of the location of any shipwreck to which title is asserted under this section. The Secretary of the Interior, after consultation with the appropriate State Historic Preservation Officer, shall make a written determination that an abandoned shipwreck meets the criteria for eligibility for inclusion in the National Register of Historic Places under clause (a)(3).

(c) Transfer of title to States

The title of the United States to any abandoned shipwreck asserted under subsection (a) of this section is transferred to the State in or on whose submerged lands the shipwreck is located.

(d) Exception

Any abandoned shipwreck in or on the public lands of the United States is the property of the United States Government. Any abandoned shipwreck in or on any Indian lands is the property of the Indian tribe owning such lands.

(e) Reservation of rights

This section does not affect any right reserved by the United States or by any State (including any right reserved with respect to Indian lands) under—

(1) section 1311, 1313, or 1314 of this title; or

(2) section 414 or 415 of title 33.

(Pub. L. 100–298, §6, Apr. 28, 1988, 102 Stat. 433.)
43 U.S.C. § 402 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter II: RECLAMATION FUND GENERALLY / Section 402: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, acts Apr. 1, 1932, ch. 95, §10, 47 Stat. 78; Mar. 3, 1933, ch. 200, §2, 47 Stat. 1427, related to repayment of advances under sections 391a and 397 of this title. See section 391a–1 of this title.
43 U.S.C. § 2002 (2024) — Title 43: PUBLIC LANDS / Chapter 38: CRUDE OIL TRANSPORTATION SYSTEMS / Section 2002: Statement of purposes
Statement of purposes
Status: in_force

The purposes of this chapter are—

(1) to provide a means for—

(A) selecting delivery systems to transport Alaskan and other crude oil to northern tier States and inland States, and

(B) resolving both the west coast crude oil surplus and the crude oil supply problems in the northern tier States;

(2) to provide an expedited procedure for acting on applications for all Federal permits, licenses, and approvals required for the construction and operation or any transportation system approved under this chapter and the Long Beach-Midland project; and

(3) to assure that Federal decisions with respect to crude oil transportation systems are coordinated with State decisions to the maximum extent practicable.

(Pub. L. 95–617, title V, §502, Nov. 9, 1978, 92 Stat. 3157.)

Statutory Notes and Related Subsidiaries

Definitions

The definition of "State" in section 2602 of Title 16, Conservation, applies to this section.
43 U.S.C. § 776 (2024) — Title 43: PUBLIC LANDS / Chapter 18: SURVEY OF PUBLIC LANDS / Section 776: Cadastre of Federal real property
Cadastre of Federal real property
Status: in_force

(a) Definitions

In this section:

(1) Cadastre

(A) In general

The term "cadastre" means an inventory of real property developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth, and any information related to the data, including—

(i) surveys;

(ii) maps;

(iii) charts;

(iv) satellite and airborne remote sensing data;

(v) images; and

(vi) services of an architectural or engineering nature performed by 1 or more professionals, as authorized to perform the services under State law, if applicable, such as—

(I) a surveyor;

(II) a photogrammetrist;

(III) a hydrographer;

(IV) a geodesist; or

(V) a cartographer.

(B) Inclusions

The term "cadastre" includes—

(i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration;

(ii) a series of current and accurate large-scale maps;

(iii) an existing cadastral boundary overlay delineating all cadastral parcels;

(iv) a system for indexing and identifying each cadastral parcel; and

(v) a series of land data files, each including the parcel identifier, which can be used to retrieve information and cross-reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel.

(2) Federal real property

(A) In general

The term "Federal real property" means any real property owned, leased, or otherwise managed by the Secretary concerned.

(B) Exclusions

The term "Federal real property" does not include—

(i) real property held in trust by the Federal Government for the benefit of 1 or more Indian Tribes or individual Indians; or

(ii) restricted land owned by an Indian Tribe or individual Indians.

(3) Real property

The term "real property" means real estate consisting of—

(A) land;

(B) buildings, crops, forests, or other resources still attached to or within the land;

(C) improvements or fixtures permanently attached to the land;

(D) any structure on the land; or

(E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D).

(4) Secretary concerned

The term "Secretary concerned" means—

(A) the Secretary; or

(B) the Secretary of Agriculture, acting through the Chief of the Forest Service.

(b) Cadastre of Federal real property

(1) Interagency data standardization

Not later than 18 months after December 29, 2022, the Secretaries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property.

(2) Development of cadastre

Not later than 2 years after December 29, 2022, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property under the jurisdiction of the Secretaries concerned to support Federal land management activities on Federal real property, including—

(A) resource development and conservation;

(B) agricultural use;

(C) active forest management;

(D) environmental protection; and

(E) other use of the real property.

(3) Consolidation and report

Not later than 180 days after December 29, 2022, the Secretaries concerned shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing—

(A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned, including—

(i) the statutory authorization for each existing real property inventory or component of a cadastre; and

(ii) the amount expended by the Federal Government for each existing real property inventory or component of a cadastre in fiscal year 2022;

(B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2);

(C)(i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and

(ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2);

(D) the use of existing real property inventories or any components of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government;

(E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will become part of the multipurpose cadastre under paragraph (2);

(F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section; and

(G) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned.

(4) Coordination

(A) In general

In carrying out this section, the Secretaries concerned shall—

(i) participate (in accordance with section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347) and section 757 of the Geospatial Data Act of 2018 (43 U.S.C. 2806)) in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre under paragraph (2) for all users of the information;

(ii) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 (43 U.S.C. 2802(a)) for the implementation of and compliance with such standards and requirements of that Act as may be applicable to—

(I) the cadastre under paragraph (2); and

(II) any aspect of the development of the cadastre under paragraph (2);

(iii) integrate, or make the cadastre interoperable with, the Federal Real Property Profile or other inventories established pursuant to Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management), the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287), or the Federal Property Management Reform Act of 2016 (Public Law 114–318; 130 Stat. 1608); and

(iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government.

(B) Contracts considered surveying and mapping

(i) In general

A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40).

(ii) Selection procedures

A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40.

(c) Transparency and public access

The Secretary concerned shall—

(1) in accordance with any requirements applicable to the Secretary concerned under section 759 of the Geospatial Data Act of 2018 (43 U.S.C. 2808), make the cadastre under subsection (b)(2) publicly available on the internet—

(A) in a graphically geo-enabled and searchable format; and

(B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act (43 U.S.C. 2807(a));

(2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal and the appraised value of the land, if an appraisal has been conducted, in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States.

(d) Applicable law

Any data that is part of the cadastre developed under subsection (b)(2) shall be—

(1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and

(2) subject to the requirements of that Act.

(e) Effect

Nothing in this section—

(1) creates any substantive or procedural right or benefit; or

(2) requires or authorizes—

(A) any new surveying or mapping of Federal real property;

(B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity;

(C) the disposal of any Federal real property; or

(D) any new appraisal or assessment of—

(i) the value of any parcel of Federal land or other real property; or

(ii) the cultural and archaeological resources on any parcel of Federal land or other real property.

(Pub. L. 117–328, div. DD, title I, §103, Dec. 29, 2022, 136 Stat. 5576.)

Editorial Notes

References in Text

The Federal Property Management Reform Act of 2016, referred to in subsec. (b)(4)(A)(iii), is Pub. L. 114–318, §1, Dec. 16, 2016, 130 Stat. 1608, which enacted subchapter VII of chapter 5 of Title 40, Public Buildings, Property, and Works, and chapter 29 of Title 39, Postal Service, amended sections 102, 524, and 571 of Title 40, enacted provisions set out as notes under sections 571 and 621 of Title 40, and amended provisions set out as a note under section 1303 of Title 40. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 40 and Tables.

The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(2), 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.

The Geospatial Data Act of 2018 and that Act, referred to in subsec. (d), is subtitle F (§§751–759C) of title VII of div. B of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3413, which is classified generally to chapter 46 (§2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2801 of this title and Tables.

Statutory Notes and Related Subsidiaries

Definition of "Secretary"

Pub. L. 117–328, div. DD, §1, Dec. 29, 2022, 136 Stat. 5574, provided that: "In this division [see Tables for classification], the term 'Secretary' means the Secretary of the Interior."
43 U.S.C. § 1597 (2024) — Title 43: PUBLIC LANDS / Chapter 32A: COLORADO RIVER BASIN SALINITY CONTROL / Subchapter II: MEASURES UPSTREAM FROM IMPERIAL DAM / Section 1597: Construction of provisions of subchapter
Construction of provisions of subchapter
Status: in_force

Except as provided in sections 620d(d)(5), 1543(g)(2), and 1595(b) of this title, with respect to the Colorado River Basin Project Act [43 U.S.C. 1501 et seq.] and the Colorado River Storage Project Act [43 U.S.C. 620 et seq.], respectively, nothing in this subchapter shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) [43 U.S.C. 618 et seq.], section 15 of the Colorado River Storage Project Act (70 Stat. 111; 43 U.S.C. 620n), the Colorado River Basin Project Act (82 Stat. 885), section 6 of the Fryingpan-Arkansas Project Act (76 Stat. 393) [43 U.S.C. 616e], section 15 of the Navajo Indian irrigation project and initial stage of the San Juan-Chama Project Act (76 Stat. 102) [43 U.S.C. 615ww], the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], and the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.].

(Pub. L. 93–320, title I, §207, June 24, 1974, 88 Stat. 274.)

Editorial Notes

References in Text

Sections 620d(d)(5), 1543(g)(2), and 1595(b) of this title, referred to in text, was in the original a reference to "section 205(b) and 205(d) of this title", meaning section 205(b) and (d) of title II of Pub. L. 93–320. Section 205(b)(1) is classified to section 1595(b) of this title; section 205(b)(2) amended section 403(g) of the Colorado River Basin Project Act by inserting a new par. (2), which is classified to section 1543(g)(2) of this title; and section 205(d) amended section 5(d) of the Colorado River Storage Project Act by inserting a new par. (5), which is classified to section 620d(d)(5) of this title.

This subchapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 93–320, which enacted this subchapter and amended sections 1620d(d) and 1543(g) of this title. For complete classification of title II to the Code, see Tables.

The Colorado River Basin Project Act, referred to in text, is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, which is classified principally to chapter 32 (§1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.

The Colorado River Storage Project Act, referred to in text, is act Apr. 11, 1956, ch. 203, 70 Stat. 105, which is classified generally to chapter 12B (§620 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 620 of this title and Tables.

The Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), and the Water Treaty of 1944, referred to in text, are not classified to the Code.

The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified generally to subchapter I (§617 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in text, is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§618 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 618o of this title and Tables.

Section 6 of the Fryingpan-Arkansas Project Act [43 U.S.C. 616e] and section 15 of the Navajo Indian irrigation project and initial stage of the San Juan-Chama Project Act [43 U.S.C. 615ww], referred to in text, were omitted from the Code.

The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, 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 Water Pollution Control Act, as amended, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
43 U.S.C. § 617h (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter I: BOULDER CANYON PROJECT ACT / Section 617h: Lands capable of irrigation and reclamation by irrigation works; public entry; preferences
Lands capable of irrigation and reclamation by irrigation works; public entry; preferences
Status: in_force

Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h)) shall be opened for entry, in tracts varying in size but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures; said payments to be made in such installments and at such times as may be specified by the Secretary of the Interior, in accordance with the provisions of the said reclamation law, and shall constitute revenue from said project and be covered into the fund herein provided for: Provided, That all persons who served in the United States Army, Navy, Marine Corps, or Coast Guard during World War II, the War with Germany, the War with Spain, or in the suppression of the insurrection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve, shall have the exclusive preference right for a period of three months to enter said lands, subject, however, to the provisions of section 433 of this title; and also, so far as practicable, preference shall be given to said persons in all construction work authorized by this subchapter: Provided further, That the above exclusive preference rights shall apply to veteran settlers on lands watered from the Gila canal in Arizona the same as to veteran settlers on lands watered from the All-American canal in California: Provided further, That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquishment in the local land office, and after the expiration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided.

(Dec. 21, 1928, ch. 42, §9, 45 Stat. 1063; Mar. 6, 1946, ch. 58, 60 Stat. 36; Pub. L. 94–579, title VII, §704, Oct. 21, 1976, 90 Stat. 2792.)

Editorial Notes

References in Text

Act of March 6, 1946 (43 U.S.C. 617(h)), referred to in text, probably means act Mar. 6, 1946, ch. 58, 60 Stat. 36, which amended this section and which authorized all lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclamation by the irrigation works authorized by the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057, to be withdrawn from public entry.

The reclamation law, referred to in text, is defined in section 617k of this title.

Amendments

1976—Pub. L. 94–579 substituted "Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h))" for "Thereafter, at the direction of the Secretary of the Interior, such lands", and struck out provisions authorizing withdrawal from public entry of all public lands found by Secretary of the Interior to be practicable of irrigation and reclamation by irrigation works authorized under the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057.

1946—Act Mar. 6, 1946, struck out "or" before "Marine Corps" and inserted "or Coast Guard during World War II" after "Marine Corps," and second proviso.

Statutory Notes and Related Subsidiaries

Change of Name

References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Reserve Retired List, deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109–163, set out as a note under section 10101 of Title 10, Armed Forces.

Effective Date of 1976 Amendment

Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that amendment to this section striking out provision relating to withdrawal of public lands is effective on and after Oct. 21, 1976.

Savings Provision

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

Repeal of Prior Acts Continuing Section

Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.
43 U.S.C. § 2802 (2024) — Title 43: PUBLIC LANDS / Chapter 46: GEOSPATIAL DATA / Section 2802: Federal Geographic Data Committee
Federal Geographic Data Committee
Status: in_force

(a) In general

There is established within the Department of the Interior an interagency committee to be known as the Federal Geographic Data Committee, which shall act as the lead entity in the executive branch for the development, implementation, and review of policies, practices, and standards relating to geospatial data.

(b) Membership

(1) Chairperson and Vice Chairperson

The Secretary of the Interior and the Director of the Office of Management and Budget shall serve as Chairperson of the Committee and Vice Chairperson of the Committee, respectively.

(2) Other members

(A) In general

The head of each covered agency and the Director of the National Geospatial-Intelligence Agency shall each designate a representative of their respective agency to serve as a member of the Committee.

(B) Requirement for appointments

An officer appointed to serve as a member of the Committee shall hold a position as an assistant secretary, or an equivalent position, or a higher ranking position.

(3) Guidance

Not later than 1 year after October 5, 2018, and as needed thereafter, the Director of the Office of Management and Budget shall update guidance with respect to membership of the Committee and the roles of members of the Committee.

(c) Duties

The Committee shall—

(1) lead the development and management of and operational decision making for the National Spatial Data Infrastructure strategic plan and geospatial data policy in accordance with section 2804 of this title;

(2) designate National Geospatial Data Asset data themes and oversee the coordinated management of the National Geospatial Data Asset data themes in accordance with section 2805 of this title;

(3) establish and maintain geospatial data standards in accordance with section 2806 of this title;

(4) periodically review and determine the extent to which covered agencies comply with geospatial data standards;

(5) ensure that the GeoPlatform operates in accordance with section 2807 of this title;

(6) direct and facilitate national implementation of the system of National Geospatial Data Asset data themes;

(7) communicate with and foster communication among covered agencies and other entities and individuals relating to geospatial data technology development, transfer, and exchange in order to—

(A) identify and meet the needs of users of geospatial data;

(B) promote cost-effective data collection, documentation, maintenance, distribution, and preservation strategies; and

(C) leverage Federal and non-Federal resources, such as promoting Federal shared services and cross-agency coordination for marketplace solutions;

(8) define roles and responsibilities and promote and guide cooperation and coordination among agencies of the Federal Government, State, tribal, and local governments, institutions of higher education, and the private sector in the collection, production, sharing, and use of geospatial information, the implementation of the National Spatial Data Infrastructure, and the identification of proven practices;

(9) coordinate with international organizations having an interest in the National Spatial Data Infrastructure or global spatial data infrastructures;

(10) make available online and update at least annually—

(A) a summary of the status for each National Geospatial Data Asset data theme, based on the report submitted by the applicable lead covered agency under section 2805(b)(3)(E)(ii)(I) of this title, which shall include—

(i) an evaluation of the progress of each lead covered agency in achieving the requirements under subparagraphs (A), (B), (C), and (D) of section 2805(b)(3) of this title; and

(ii) a determination of whether, for each of subparagraphs (A), (B), (C), and (D) of section 2805(b)(3) of this title, each lead covered agency meets expectations, has made progress toward expectations, or fails to meet expectations;

(B) a summary and evaluation of the achievements of each covered agency, based on the annual report submitted by the covered agency under section 2808(b)(1) of this title, which shall include a determination of whether the covered agency meets expectations, has made progress toward expectations, or fails to meet expectations for each of paragraphs (1) through (13) of section 2808(a) of this title;

(C) a collection of periodic technical publications, management articles, and reports related to the National Spatial Data Infrastructure; and

(D) a membership directory for the Committee, including identifying members of any subcommittee or working group of the Committee;

(11)(A) make available to and request comments from the Advisory Committee regarding the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10);

(B) if requested by the Advisory Committee, respond to any comments by the Advisory Committee; and

(C) not less than once every 2 years, submit to Congress a report that includes the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10), the comments of the Advisory Committee, and the responses of the Committee to the comments;

(12)(A) make available to and request comments from covered agencies regarding the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10); and

(B) not less than once every 2 years, submit to Congress a report that includes the comments of the covered agencies and the responses of the Committee to the comments; and

(13) support and promote the infrastructure of networks, systems, services, and standards that provide a digital representation of the Earth to users for many applications.

(d) Staff support

The Committee shall establish an Office of the Secretariat within the Department of the Interior to provide administrative support, strategic planning, funding, and technical support to the Committee.

(Pub. L. 115–254, div. B, title VII, §753, Oct. 5, 2018, 132 Stat. 3415.)
43 U.S.C. § 1783 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter VI: DESIGNATED MANAGEMENT AREAS / Section 1783: Yaquina Head Outstanding Natural Area
Yaquina Head Outstanding Natural Area
Status: in_force

(a) Establishment

In order to protect the unique scenic, scientific, educational, and recreational values of certain lands in and around Yaquina Head, in Lincoln County, Oregon, there is hereby established, subject to valid existing rights, the Yaquina Head Outstanding Natural Area (hereinafter referred to as the "area"). The boundaries of the area are those shown on the map entitled "Yaquina Head Area", dated July 1979, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State Office of the Bureau of Land Management in the State of Oregon.

(b) Administration by Secretary of the Interior; management plan; quarrying permits

(1) The Secretary of the Interior (hereinafter referred to as the "Secretary") shall administer the Yaquina Head Outstanding Natural Area in accordance with the laws and regulations applicable to the public lands as defined in section 103(e) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1702) [43 U.S.C. 1702(e)], in such a manner as will best provide for—

(A) the conservation and development of the scenic, natural, and historic values of the area;

(B) the continued use of the area for purposes of education, scientific study, and public recreation which do not substantially impair the purposes for which the area is established; and

(C) protection of the wildlife habitat of the area.

(2) The Secretary shall develop a management plan for the area which accomplishes the purposes and is consistent with the provisions of this section. This plan shall be developed in accordance with the provisions of section 202 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1712).

(3) Notwithstanding any other provision of this section, the Secretary is authorized to issue permits or to contract for the quarrying of materials from the area in accordance with the management plan for the area on condition that the lands be reclaimed and restored to the satisfaction of the Secretary. Such authorization to quarry shall require payment of fair market value for the materials to be quarried, as established by the Secretary, and shall also include any terms and conditions which the Secretary determines necessary to protect the values of such quarry lands for purposes of this section.

(c) Revocation of 1866 reservation of lands for lighthouse purposes; restoration to public lands status

The reservation of lands for lighthouse purposes made by Executive order of June 8, 1866, of certain lands totaling approximately 18.1 acres, as depicted on the map referred to in subsection (a), is hereby revoked. The lands referred to in subsection (a) are hereby restored to the status of public lands as defined in section 103(e) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1702) [43 U.S.C. 1702(e)], and shall be administered in accordance with the management plan for the area developed pursuant to subsection (b), except that such lands are hereby withdrawn from settlement, sale, location, or entry, under the public land laws, including the mining laws (30 U.S.C., ch. 2), leasing under the mineral leasing laws (30 U.S.C. 181 et seq.), and disposals under the Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602) [43 U.S.C. 601 et seq.].

(d) Acquisition of lands not already in Federal ownership

The Secretary shall, as soon as possible but in no event later than twenty-four months following March 5, 1980, acquire by purchase, exchange, donation, or condemnation all or any part of the lands and waters and interests in lands and waters within the area referred to in subsection (a) which are not in Federal ownership except that State land shall not be acquired by purchase or condemnation. Any lands or interests acquired by the Secretary pursuant to this section shall become public lands as defined in the Federal Land Policy and Management Act of 1976, as amended [43 U.S.C. 1701 et seq.]. Upon acquisition by the United States, such lands are automatically withdrawn under the provisions of subsection (c) except that lands affected by quarrying operations in the area shall be subject to disposals under the Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602) [30 U.S.C. 601 et seq.]. Any lands acquired pursuant to this subsection shall be administered in accordance with the management plan for the area developed pursuant to subsection (b).

(e) Wind energy research

The Secretary is authorized to conduct a study relating to the use of lands in the area for purposes of wind energy research. If the Secretary determines after such study that the conduct of wind energy research activity will not substantially impair the values of the lands in the area for purposes of this section, the Secretary is further authorized to issue permits for the use of such lands as a site for installation and field testing of an experimental wind turbine generating system. Any permit issued pursuant to this subsection shall contain such terms and conditions as the Secretary determines necessary to protect the values of such lands for purposes of this section.

(f) Reclamation and restoration of lands affected by quarrying operations

The Secretary shall develop and administer, in addition to any requirements imposed pursuant to subsection (b)(3), a program for the reclamation and restoration of all lands affected by quarrying operations in the area acquired pursuant to subsection (d). All revenues received by the United States in connection with quarrying operations authorized by subsection (b)(3) shall be deposited in a separate fund account which shall be established by the Secretary of the Treasury. Such revenues are hereby authorized to be appropriated to the Secretary as needed for reclamation and restoration of any lands acquired pursuant to subsection (d). After completion of such reclamation and restoration to the satisfaction of the Secretary, any unexpended revenues in such fund shall be returned to the general fund of the United States Treasury.

(g) Authorization of appropriations

There are hereby authorized to be appropriated in addition to that authorized by subsection (f), such sums as may be necessary to carry out the provisions of this section.

(Pub. L. 96–199, title I, §119, Mar. 5, 1980, 94 Stat. 71.)

Editorial Notes

References in Text

The Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602), referred to in subsecs. (c) and (d), is act July 31, 1947, ch. 406, 61 Stat. 681, which is classified generally to subchapter I (§601 et seq.) of chapter 15 of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 30 and Tables.

The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (d), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Codification

Section was not enacted as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
43 U.S.C. § 641a (2024) — Title 43: PUBLIC LANDS / Chapter 14: GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION / Section 641a: Issuance of quitclaim deeds; patents for segregated lands
Issuance of quitclaim deeds; patents for segregated lands
Status: in_force

The Secretary of the Interior shall issue quitclaim deeds to the public-land States for all lands patented to such States under section 641 of this title. He shall also issue a patent for all unpatented public lands within each State now segregated under that section for which the State issued final certificates or other evidence of right prior to June 1, 1953, or as to which equitable claims to the lands accrued prior to that date (by reason of cultivation or improvement of the lands for agricultural development purposes) for conveyance to the holders of such rights or claims, or to their heirs, successors, or assigns.

(Aug. 13, 1954, ch. 727, §1, 68 Stat. 703.)
43 U.S.C. § 1474c (2024) — Title 43: PUBLIC LANDS / Chapter 31: DEPARTMENT OF THE INTERIOR / Section 1474c: North American Wetlands Conservation Fund; availability of fines or forfeitures
North American Wetlands Conservation Fund; availability of fines or forfeitures
Status: in_force

In fiscal year 1992 and thereafter, amounts received during the immediately preceding fiscal year under section 707 of title 16 as penalties or fines or from forfeitures of property or collateral, to remain available until expended.

(Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1384.)

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. 102–381, title I, Oct. 5, 1992, 106 Stat. 1381.

Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 995.
43 U.S.C. § 1411 (2024) — Title 43: PUBLIC LANDS / Chapter 30: ADMINISTRATION OF PUBLIC LANDS / Subchapter V: CLASSIFICATION OF LANDS TO PROVIDE FOR DISPOSAL OR INTERIM MANAGEMENT / Section 1411: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Sections 1411 to 1418 of this title, which related to the classification of lands to provide for disposal or interim management, were omitted pursuant to section 1418 of this title which terminated this authority.

Section 1411, Pub. L. 88–607, §1, Sept. 19, 1964, 78 Stat. 986, authorized Secretary of the Interior to classify lands for purpose of disposal or retention.

Section 1412, Pub. L. 88–607, §2, Sept. 19, 1964, 78 Stat. 986, related to publication of notice by Secretary.

Section 1413, Pub. L. 88–607, §3, Sept. 19, 1964, 78 Stat. 986, related to development and administration of lands for multiple use and sustained yield.

Section 1414, Pub. L. 88–607, §4, Sept. 19, 1964, 78 Stat. 987, related to exemption of lands from other forms of disposal for certain period of time.

Section 1415, Pub. L. 88–607, §5, Sept. 19, 1964, 78 Stat. 987, related to definitions.

Section 1416, Pub. L. 88–607, §6, Sept. 19, 1964, 78 Stat. 988, related to supplemental legislation and provided that this subchapter not be construed as repealing any existing laws.

Section 1417, Pub. L. 88–607, §7, Sept. 19, 1964, 78 Stat. 988, related to restrictions.

Section 1418, Pub. L. 88–607, §8, Sept. 19, 1964, 78 Stat. 988; Pub. L. 90–213, §2, Dec. 18, 1967, 81 Stat. 660, provided that the authorizations and requirements of this subchapter expire six months after the final report of the Public Land Law Review Commission, which report was to be submitted not later than June 30, 1970.
43 U.S.C. § 2807 (2024) — Title 43: PUBLIC LANDS / Chapter 46: GEOSPATIAL DATA / Section 2807: Geoplatform
Geoplatform
Status: in_force

(a) In general

The Committee shall operate an electronic service that provides access to geospatial data and metadata for geospatial data to the general public, to be known as the GeoPlatform.

(b) Implementation

(1) In general

The GeoPlatform—

(A) shall—

(i) be available through the internet and other communications means;

(ii) be accessible through a common interface;

(iii) include metadata for all geospatial data collected by covered agencies, directly or indirectly;

(iv) include download access to all open geospatial data directly or indirectly collected by covered agencies; and

(v) include a set of programming instructions and standards providing an automated means of accessing available geospatial data, which—

(I) harmonize sources and data standards associated with geospatial data, including metadata; and

(II) to the maximum extent practicable, as determined by the Chairperson of the Committee, shall be made publicly available;

(B) may include geospatial data from a source other than a covered agency, if determined appropriate by the Committee; and

(C) shall not store or serve proprietary information or data acquired under a license by the Federal Government, unless authorized by the data provider.

(2) Managing partner

The Chairperson of the Committee shall designate an agency to serve as the managing partner for developing and operating the GeoPlatform, taking direction from the Committee on the scope, functionality, and performance of the GeoPlatform.

(c) Clarification

Although the GeoPlatform is intended to include all National Geospatial Data Asset and other Federal datasets, nothing in this chapter shall be construed to prevent a covered agency from also presenting, providing, or disseminating data that is—

(1) specific to the functions of the covered agency; or

(2) targeted to information consumers that directly interface with the services, portals, or other mechanisms of the covered agency.

(Pub. L. 115–254, div. B, title VII, §758, Oct. 5, 2018, 132 Stat. 3424.)
43 U.S.C. § 1469 (2024) — Title 43: PUBLIC LANDS / Chapter 31: DEPARTMENT OF THE INTERIOR / Section 1469: Employment and compensation of personnel to perform work occasioned by emergencies
Employment and compensation of personnel to perform work occasioned by emergencies
Status: in_force

Notwithstanding any other provision of law, persons may be employed or otherwise contracted with by the Secretary of the Interior to perform work occasioned by emergencies such as fire, flood, storm, or any other unavoidable cause and may be compensated at regular rates of pay without regard to Sundays, Federal holidays, and the regular workweek.

(Pub. L. 94–165, title I, §108, Dec. 23, 1975, 89 Stat. 990.)
43 U.S.C. § 1475b (2024) — Title 43: PUBLIC LANDS / Chapter 31: DEPARTMENT OF THE INTERIOR / Section 1475b: Volunteer authority
Volunteer authority
Status: in_force

(a) In general

The Secretary of the Interior may recruit, train, and accept, without regard to the civil service classification laws, rules, or regulations, the services of individuals, contributed without compensation as volunteers, for aiding in or facilitating the activities administered by the Secretary through the Bureau of Indian Affairs, the United States Geological Survey, the Bureau of Reclamation, and the Office of the Secretary.

(b) Restrictions on activities of volunteers

(1) In general

In accepting such services of individuals as volunteers, the Secretary shall not permit the use of volunteers in law enforcement work, in regulatory and enforcement work, in policymaking processes, or to displace any employee.

(2) Private property

No volunteer services authorized by this Act may be conducted on private property unless the officer or employee charged with supervising the volunteer obtains appropriate consent to enter the property from the property owner.

(3) Hazardous duty

The Secretary may accept the services of individuals in hazardous duty only upon a determination by the Secretary that such individuals are skilled in performing hazardous duty activities.

(4) Supervision

The Secretary shall ensure that an appropriate officer or employee of the United States provides adequate and appropriate supervision of each volunteer whose services the Secretary accepts.

(c) Provision of services and costs

The Secretary may provide for services and costs incidental to the utilization of volunteers, including transportation, supplies, uniforms, lodging, subsistence (without regard to place of residence), recruiting, training, supervision, and awards and recognition (including nominal cash awards).

(d) Federal employment status of volunteers

(1) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

(2) Volunteers shall be deemed employees of the United States for the purposes of—

(A) the tort claims provisions of title 28;

(B) subchapter I of chapter 81 of title 5; and

(C) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31 shall apply.

(3) Volunteers under this Act shall be subject to chapter 11 of title 18, unless the Secretary, with the concurrence of the Director of the Office of Government Ethics, determines in writing published in the Federal Register that the provisions of that chapter, except section 201, shall not apply to the actions of a class or classes of volunteers who carry out only those duties or functions specified in the determination.

(Pub. L. 109–125, §3, Dec. 7, 2005, 119 Stat. 2544.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (b)(2) and (d)(3), is Pub. L. 109–125, Dec. 7, 2005, 119 Stat. 2544, known as the Department of the Interior Volunteer Recruitment Act of 2005, which enacted this section and provisions set out as notes under this section and section 1451 of this title. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 1451 of this title and Tables.

Statutory Notes and Related Subsidiaries

Purpose

Pub. L. 109–125, §2, Dec. 7, 2005, 119 Stat. 2544, provided that: "The purpose of this Act [enacting this section and provisions set out as a note under section 1451 of this title] is to authorize the Secretary of the Interior to recruit and use volunteers to assist with, or facilitate, the programs of the Bureau of Indian Affairs, the United States Geological Survey, the Bureau of Reclamation, and the Office of the Secretary."
43 U.S.C. § 2004 (2024) — Title 43: PUBLIC LANDS / Chapter 38: CRUDE OIL TRANSPORTATION SYSTEMS / Section 2004: Applications for approval of proposed crude oil transportation systems
Applications for approval of proposed crude oil transportation systems
Status: in_force

The following applications for construction and operation of a crude oil transportation system submitted to the Secretary of the Interior by an applicant are eligible for consideration under this chapter:

(1) Applications received by the Secretary before the 30th day after November 9, 1978.

(2) Applications received by the Secretary during the 60-day period beginning on the 30th day after November 9, 1978, if the Secretary determines that consideration and review of the proposal contained in such application is in the national interest and that such consideration and review could be completed within the time limits established under this chapter.

An application under this section may be accepted by the Secretary only if it contains a general description of the route of the proposed system and identification of the applicant and any other person who, at the time of filing, has a financial or other interest in the system or is a party to an agreement under which such person would acquire a financial or other interest in the system.

(Pub. L. 95–617, title V, §504, Nov. 9, 1978, 92 Stat. 3158.)
43 U.S.C. § 1339 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter III: OUTER CONTINENTAL SHELF LANDS / Section 1339: Repealed. Pub. L. 104-185, §8(b), Aug. 13, 1996, 110 Stat. 1717
Repealed. Pub. L. 104-185, §8(b), Aug. 13, 1996, 110 Stat. 1717
Status: repealed

Section, act Aug. 7, 1953, ch. 345, §10, 67 Stat. 469, related to requirements for refund of excess payments.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 104–185, §8(b), Aug. 13, 1996, 110 Stat. 1717, provided in part that the repeal of this section is effective Aug. 13, 1996.

Applicability of Repeal

Repeal of section not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and 10 of Pub. L. 104–185, set out as an Applicability of 1996 Amendment note under section 1701 of Title 30, Mineral Lands and Mining.
43 U.S.C. § 620j (2024) — Title 43: PUBLIC LANDS / Chapter 12B: COLORADO RIVER STORAGE PROJECT / Section 620j: Court decree; effectivity and approval
Court decree; effectivity and approval
Status: in_force

The Final Judgment, Final Decree and stipulations incorporated therein in the consolidated cases of United States of America v. Northern Colorado Water Conservancy District, et al., Civil Nos. 2782, 5016 and 5017, in the United States District Court for the District of Colorado, are approved, shall become effective immediately, and the proper agencies of the United States shall act in accordance therewith.

(Apr. 11, 1956, ch. 203, §11, 70 Stat. 110.)
43 U.S.C. § 375b (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 375b: Disposal of tracts too small to be classed farm units
Disposal of tracts too small to be classed farm units
Status: in_force

In accordance with the provisions of sections 375b to 375f of this title and notwithstanding the provisions of any other law, the Secretary of the Interior, hereinafter styled the Secretary, is authorized, in connection with any Federal irrigation project for which water is available, and after finding that such action will be in furtherance of the irrigation project and the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplemental thereto, hereinafter styled the Reclamation Act, to dispose of any tract of withdrawn public land which, in the opinion of the Secretary, has less than sufficient acreage reasonably required for the support of a family and is too small to be opened to homestead entry and classed as a farm unit under the Reclamation Act.

(Mar. 31, 1950, ch. 78, §1, 64 Stat. 39.)

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 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.
43 U.S.C. § 2421 (2024) — Title 43: PUBLIC LANDS / Chapter 42: RURAL WATER SUPPLY / Subchapter II: TWENTY-FIRST CENTURY WATER WORKS / Section 2421: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Indian tribe

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

(2) Lender

The term "lender" means—

(A) a non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulation 1 (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)); or

(B) a clean renewable energy bond lender (as defined in section 54(j)(2) 2 of title 26 (as in effect on December 22, 2006)).

(3) Loan guarantee

The term "loan guarantee" has the meaning given the term "loan guarantee" in section 661a of title 2.

(4) Non-Federal borrower

The term "non-Federal borrower" means—

(A) a State (including a department, agency, or political subdivision of a State); or

(B) a conservancy district, irrigation district, canal company, water users' association, Indian tribe, an agency created by interstate compact, or any other entity that has the capacity to contract with the United States under Federal reclamation law.

(5) Obligation

The term "obligation" means a loan or other debt obligation that is guaranteed under this section.

(6) Project

The term "project" means—

(A) a rural water supply project (as defined in section 2401(9) of this title);

(B) an extraordinary operation and maintenance activity for, or the rehabilitation or replacement of, a facility—

(i) that is authorized by Federal reclamation law and constructed by the United States under such law; or

(ii) in connection with which there is a repayment or water service contract executed by the United States under Federal reclamation law; or

(C) an improvement to water infrastructure directly associated with a reclamation project that, based on a determination of the Secretary—

(i) improves water management; and

(ii) fulfills other Federal goals.

(7) Secretary

The term "Secretary" means the Secretary of the Interior.

(Pub. L. 109–451, title II, §202, Dec. 22, 2006, 120 Stat. 3356.)

Editorial Notes

References in Text

The Securities Act of 1933, referred to in par. (2)(A), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.

Section 54 of title 26, referred to in par. (2)(B), was repealed by Pub. L. 115–97, title I, §13404(a), Dec. 22, 2017, 131 Stat. 2138.

Statutory Notes and Related Subsidiaries

Short Title

This subchapter known as the "Twenty-First Century Water Works Act", see Short Title note set out under section 2401 of this title.

1 So in original. Probably should be "Regulations".

2 See References in Text note below.