43 U.S.C. § 1600g (2024) — Title 43: PUBLIC LANDS / Chapter 32B: COLORADO RIVER FLOODWAY / Section 1600g: Priority of laws
Priority of laws
Status: in_force

Nothing contained in this chapter shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 944, 59 Stat. 1219), the Flood Control Act of 1944 (58 Stat. 887), the decree entered by the Supreme Court of the United States in Arizona v. California, and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) [43 U.S.C. 618 et seq.], the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620) [43 U.S.C. 620 et seq.], the Colorado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501) [43 U.S.C. 1501 et seq.]. Furthermore, nothing contained in this chapter shall be construed as indicating an intent on the part of the Congress to change the existing relationship of other Federal laws to the law of a State, or a political subdivision of a State, or to relieve any person of any obligation imposed by any law of any State, tribe, or political subdivision of a State. No provision of this chapter shall be construed to invalidate any provision of State, tribal, or local law unless there is a direct conflict between such provision and the law of the State, or political subdivision of the State or tribe, so that the two cannot be reconciled or consistently stand together. Inconsistencies shall be reviewed by the task force, and the task force shall make recommendations concerning such local laws. This chapter shall in no way be interpreted to interfere with a State's or tribe's right to protect, rehabilitate, preserve, and restore lands within its established boundary.

(Pub. L. 99–450, §9, Oct. 8, 1986, 100 Stat. 1134.)

Editorial Notes

References in Text

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

The Flood Control Act of 1944, referred to in text, is act Dec. 22, 1944, ch. 665, 58 Stat. 887, which enacted section 390 of this title, sections 460d and 825s of Title 16, Conservation, and sections 701–1, 701a–1, 708, and 709 of Title 33, Navigation and Navigable Waters, and enacted provisions set out as notes under sections 701c, 701f, and 701j of Title 33. For complete classification of this Act to the Code, see Tables.

The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, 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.

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 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.
43 U.S.C. § 1785 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter VI: DESIGNATED MANAGEMENT AREAS / Section 1785: Fossil Forest Research Natural Area
Fossil Forest Research Natural Area
Status: in_force

(a) Establishment

To conserve and protect natural values and to provide scientific knowledge, education, and interpretation for the benefit of future generations, there is established the Fossil Forest Research Natural Area (referred to in this section as the "Area"), consisting of the approximately 2,770 acres in the Farmington District of the Bureau of Land Management, New Mexico, as generally depicted on a map entitled "Fossil Forest", dated June 1983.

(b) Map and legal description

(1) In general

As soon as practicable after November 12, 1996, the Secretary of the Interior shall file a map and legal description of the Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.

(2) Force and effect

The map and legal description described in paragraph (1) shall have the same force and effect as if included in this Act.

(3) Technical corrections

The Secretary of the Interior may correct clerical, typographical, and cartographical errors in the map and legal description subsequent to filing the map pursuant to paragraph (1).

(4) Public inspection

The map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior.

(c) Management

(1) In general

The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the Area—

(A) to protect the resources within the Area; and

(B) in accordance with this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable provisions of law.

(2) Mining

(A) Withdrawal

Subject to valid existing rights, the lands within the Area are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales.

(B) Coal preference rights

The Secretary of the Interior is authorized to issue coal leases in New Mexico in exchange for any preference right coal lease application within the Area. Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest.

(C) Oil and gas leases

Operations on oil and gas leases issued prior to November 12, 1996, shall be subject to the applicable provisions of Group 3100 of title 43, Code of Federal Regulations (including section 3162.5–1), and such other terms, stipulations, and conditions as the Secretary of the Interior considers necessary to avoid significant disturbance of the land surface or impairment of the natural, educational, and scientific research values of the Area in existence on November 12, 1996.

(3) Grazing

Livestock grazing on lands within the Area may not be permitted.

(d) Inventory

Not later than 3 full fiscal years after November 12, 1996, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall develop a baseline inventory of all categories of fossil resources within the Area. After the inventory is developed, the Secretary shall conduct monitoring surveys at intervals specified in the management plan developed for the Area in accordance with subsection (e).

(e) Management plan

(1) In general

Not later than 5 years after November 12, 1996, the Secretary of the Interior shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a management plan that describes the appropriate use of the Area consistent with this subsection.

(2) Contents

The management plan shall include—

(A) a plan for the implementation of a continuing cooperative program with other agencies and groups for—

(i) laboratory and field interpretation; and

(ii) public education about the resources and values of the Area (including vertebrate fossils);

(B) provisions for vehicle management that are consistent with the purpose of the Area and that provide for the use of vehicles to the minimum extent necessary to accomplish an individual scientific project;

(C) procedures for the excavation and collection of fossil remains, including botanical fossils, and the use of motorized and mechanical equipment to the minimum extent necessary to accomplish an individual scientific project; and

(D) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values.

(Pub. L. 98–603, title I, §103, Oct. 30, 1984, 98 Stat. 3156; Pub. L. 104–333, div. I, title X, §1022(e), Nov. 12, 1996, 110 Stat. 4213; Pub. L. 106–176, title I, §124, Mar. 10, 2000, 114 Stat. 30.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is Pub. L. 98–603, Oct. 30, 1984, 98 Stat. 3155, known as the San Juan Basin Wilderness Protection Act of 1984. For complete classification of this Act to the Code, see Tables.

The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (c)(1)(B), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, 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

November 12, 1996, referred to in subsec. (e)(1), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of Pub. L. 104–333, which amended this section generally, to reflect the probable intent of Congress.

Section was enacted as part of the San Juan Basin Wilderness Protection Act of 1984, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

Amendments

2000—Subsec. (b)(1). Pub. L. 106–176, §124(1), substituted "Committee on Resources" for "Committee on Natural Resources".

Subsec. (e)(1). Pub. L. 106–176, §124(2), which directed amendment of par. (1) by substituting "this subsection" for "this Act", was executed by making the substitution following "consistent with", to reflect the probable intent of Congress.

Pub. L. 106–176, §124(1), substituted 'Committee on Resources" for "Committee on Natural Resources".

1996—Pub. L. 104–333 amended section generally. Prior to amendment, section read as follows:

"(a) In recognition of its paramount aesthetic, natural, scientific, educational, and paleontological values, the approximately two thousand seven hundred and twenty acre area in the Albuquerque District of the Bureau of Land Management, New Mexico, known as the 'Fossil Forest', as generally depicted on a map entitled 'Fossil Forest', dated June 1983, is hereby withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing and geothermal leasing and all amendments thereto. The Secretary of the Interior shall administer the area in accordance with the Federal Land Policy and Management Act and shall take such measures as are necessary to ensure that no activities are permitted within the area which would significantly disturb the land surface or impair the area's existing natural, educational, and scientific research values, including paleontological study, excavation, and interpretation.

"(b) Within one year of October 30, 1984, the Secretary of the Interior shall promulgate rules and regulations for the administration of the Fossil Forest area referred to in subsection (a) of this section in accordance with the provisions of this Act and shall file a copy of such rules and regulations with the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate.

"(c) The Bureau of Land Management is hereby directed to conduct a long-range study of the Fossil Forest to determine how best to manage the area's resource values identified in subsection (a) of this section. Within eight years of October 30, 1984, the Secretary shall forward the study results and management plan for the area to Congress. During the study period and until Congress determines otherwise, the Fossil Forest area shall be managed under the provisions of this Act."

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
43 U.S.C. § 421e (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter III: INSTITUTION AND CONSTRUCTION OF PROJECTS / Section 421e: Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest
Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest
Status: in_force

Unless otherwise provided in the Act authorizing construction of the project, the delivery and distribution of municipal and industrial water supplies shall be deemed to be an authorized project purpose under sections 421a to 421h of this title, and where appropriate, an allocation of loan funds acceptable to the Secretary shall be made between irrigation and municipal and industrial purposes. Loan repayment contracts shall require that the borrower pay interest on that portion of the unamortized loan obligation (including interest during construction) allocated in each year to municipal and industrial purposes at the rate provided in the Act authorizing the project, or absent such an authorized rate, at a rate determined by the Secretary of the Treasury as of the beginning of the fiscal year in which the contract, or contract amendment entered into pursuant to section 421f of this title, is executed, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such average rate to the nearest one-eighth of 1 per centum.

(July 4, 1955, ch. 271, §5, as added Pub. L. 92–487, Oct. 3, 1972, 86 Stat. 805.)
43 U.S.C. § 1340 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter III: OUTER CONTINENTAL SHELF LANDS / Section 1340: Geological and geophysical explorations
Geological and geophysical explorations
Status: in_force

(a) Approved exploration plans

(1) Any agency of the United States and any person authorized by the Secretary may conduct geological and geophysical explorations in the outer Continental Shelf, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this subchapter, and which are not unduly harmful to aquatic life in such area.

(2) The provisions of paragraph (1) of this subsection shall not apply to any person conducting explorations pursuant to an approved exploration plan on any area under lease to such person pursuant to the provisions of this subchapter.

(b) Oil and gas exploration

Except as provided in subsection (f) of this section, beginning ninety days after September 18, 1978, no exploration pursuant to any oil and gas lease issued or maintained under this subchapter may be undertaken by the holder of such lease, except in accordance with the provisions of this section.

(c) Plan approval; State concurrence; plan provisions

(1) Except as otherwise provided in this subchapter, prior to commencing exploration pursuant to any oil and gas lease issued or maintained under this subchapter, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this subchapter, regulations prescribed under this subchapter, including regulations prescribed by the Secretary pursuant to paragraph (8) of section 1334(a) of this title, and the provisions of such lease. The Secretary shall require such modifications of such plan as are necessary to achieve such consistency. The Secretary shall approve such plan, as submitted or modified, within thirty days of its submission, except that the Secretary shall disapprove such plan if he determines that (A) any proposed activity under such plan would result in any condition described in section 1334(a)(2)(A)(i) of this title, and (B) such proposed activity cannot be modified to avoid such condition. If the Secretary disapproves a plan under the preceding sentence, he may, subject to section 1334(a)(2)(B) of this title, cancel such lease and the lessee shall be entitled to compensation in accordance with the regulations prescribed under section 1334(a)(2)(C)(i) or (ii) of this title.

(2) The Secretary shall not grant any license or permit for any activity described in detail in an exploration plan and affecting any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to section 1455 of title 16, unless the State concurs or is conclusively presumed to concur with the consistency certification accompanying such plan pursuant to section 1456(c)(3)(B)(i) or (ii) of title 16, or the Secretary of Commerce makes the finding authorized by section 1456(c)(3)(B)(iii) of title 16.

(3) An exploration plan submitted under this subsection shall include, in the degree of detail which the Secretary may by regulation require—

(A) a schedule of anticipated exploration activities to be understaken; 1

(B) a description of equipment to be used for such activities;

(C) the general location of each well to be drilled; and

(D) such other information deemed pertinent by the Secretary.

(4) The Secretary may, by regulation, require that such plan be accompanied by a general statement of development and production intentions which shall be for planning purposes only and which shall not be binding on any party.

(d) Drilling permit

The Secretary may, by regulation, require any lessee operating under an approved exploration plan to obtain a permit prior to drilling any well in accordance with such plan.

(e) Plan revisions; conduct of exploration activities

(1) If a significant revision of an exploration plan approved under this subsection is submitted to the Secretary, the process to be used for the approval of such revision shall be the same as set forth in subsection (c) of this section.

(2) All exploration activities pursuant to any lease shall be conducted in accordance with an approved exploration plan or an approved revision of such plan.

(f) Drilling permits issued and exploration plans approved within 90-day period after September 18, 1978

(1) Exploration activities pursuant to any lease for which a drilling permit has been issued or for which an exploration plan has been approved, prior to ninety days after September 18, 1978, shall be considered in compliance with this section, except that the Secretary may, in accordance with section 1334(a)(1)(B) of this title, order a suspension or temporary prohibition of any exploration activities and require a revised exploration plan.

(2) The Secretary may require the holder of a lease described in paragraph (1) of this subsection to supply a general statement in accordance with subsection (c)(4) of this section, or to submit other information.

(3) Nothing in this subsection shall be construed to amend the terms of any permit or plan to which this subsection applies.

(g) Determinations requisite to issuance of permits

Any permit for geological explorations authorized by this section shall be issued only if the Secretary determines, in accordance with regulations issued by the Secretary, that—

(1) the applicant for such permit is qualified;

(2) the exploration will not interfere with or endanger operations under any lease issued or maintained pursuant to this subchapter; and

(3) such exploration will not be unduly harmful to aquatic life in the area, result in pollution, create hazardous or unsafe conditions, unreasonably interfere with other uses of the area, or disturb any site, structure, or object of historical or archeological significance.

(h) Lands beneath navigable waters adjacent to Phillip Burton Wilderness

The Secretary shall not issue a lease or permit for, or otherwise allow, exploration, development, or production activities within fifteen miles of the boundaries of the Phillip Burton Wilderness as depicted on a map entitled "Wilderness Plan, Point Reyes National Seashore", numbered 612–90,000–B and dated September 1976, unless the State of California issues a lease or permit for, or otherwise allows, exploration, development, or production activities on lands beneath navigable waters (as such term is defined in section 1301 of this title) of such State which are adjacent to such Wilderness.

(Aug. 7, 1953, ch. 345, §11, 67 Stat. 469; Pub. L. 95–372, title II, §206, Sept. 18, 1978, 92 Stat. 647; Pub. L. 99–68, §1(c), July 19, 1985, 99 Stat. 166.)

Editorial Notes

Amendments

1978—Pub. L. 95–372 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) to (h).

Statutory Notes and Related Subsidiaries

Change of Name

"Phillip Burton Wilderness" was substituted for "Point Reyes Wilderness" in subsec. (h), pursuant to section 1(c) of Pub. L. 99–68.

Transfer of Functions

Functions of Secretary of the Interior to promulgate regulations under this subchapter which relate to fostering of competition for Federal leases, implementation of alternative bidding systems authorized for award of Federal leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of procedures, terms, and conditions for acquisition and disposition of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Welfare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, §201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981.

1 So in original. Probably should be "undertaken;".
43 U.S.C. § 1431 (2024) — Title 43: PUBLIC LANDS / Chapter 30: ADMINISTRATION OF PUBLIC LANDS / Subchapter VII: SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL TRESPASS / Section 1431: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Sections 1431 to 1435, relating to the sale of public lands subject to unintentional trespass, were omitted pursuant to section 1435 of this title, which provided for an expiration date three years after September 26, 1968, with certain exceptions.

Section 1431, Pub. L. 90–516, §1, Sept. 26, 1968, 82 Stat. 870, authorized Secretary of the Interior to sell at public auction any tract of public domain not exceeding a certain size which was subject to unintentional trespass.

Section 1432, Pub. L. 90–516, §2, Sept. 26, 1968, 82 Stat. 870, related to preference rights of contiguous landowners.

Section 1433, Pub. L. 90–516, §3, Sept. 26, 1968, 82 Stat. 870, related to continuing liability for unauthorized prior use.

Section 1434, Pub. L. 90–516, §4, Sept. 26, 1968, 82 Stat. 870, related to acreage limitations.

Section 1435, Pub. L. 90–516, §5, Sept. 26, 1968, 82 Stat. 870, provided that authority granted by this subchapter expire three years from Sept. 26, 1968, except that sales for which application had been made in accordance with this subchapter prior to expiration of that period could be consummated and patents issued after expiration of that period.
43 U.S.C. § 166 (2024) — Title 43: PUBLIC LANDS / Chapter 7: HOMESTEADS / Subchapter I: GENERAL PROVISIONS / Section 166: Repealed. Pub. L. 94-579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787
Repealed. Pub. L. 94-579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787
Status: repealed

Section 166, acts May 14, 1880, ch. 89, §3, 21 Stat. 141; June 6, 1900, ch. 821, 31 Stat. 683; Aug. 9, 1912, ch. 280, 37 Stat. 267, related to time for settlers to file application and for perfection of entry, marriage of entrywoman, and preferential right of entry.

Section 167, acts Apr. 6, 1914, ch. 51, 38 Stat. 312; Mar. 1, 1921, ch. 90, 41 Stat. 1193, related to marriage of entryman to entrywoman.

Section 168, act Oct. 17, 1914, ch. 325, 38 Stat. 740, related to marriage of entrywoman to alien.

Section 169, R.S. §2297; Mar. 3, 1881, ch. 153, 21 Stat. 511; June 6, 1912, ch. 153, 37 Stat. 124; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to failure to establish residence and reversion of entered lands to Federal Government.

Section 170, act Oct. 22, 1914, ch. 335, 38 Stat. 766, related to rights of wife on abandonment by husband.

Section 171, R.S. §2292, related to rights inuring to infant children on death of both mother and father.

Section 172, act June 8, 1880, ch. 136, 21 Stat. 166; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to effect of insanity of settlers upon claims.

Section 173, R.S. §2301; Mar. 3, 1891, ch. 561, §6, 26 Stat. 1098; June 3, 1896, ch. 312, §2, 29 Stat. 197, related to commutations of entries after 14 months from date of settlement.

Section 174, R.S. §2288; Mar. 3, 1891, ch. 561, §§3, 4, 26 Stat. 1097; Mar. 3, 1905, ch. 1424, 33 Stat. 991, related to right to transfer claims.

Section 175, R.S. §2296; Apr. 28, 1922, ch. 155, 42 Stat. 502, related to exemption from execution of homestead land.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 1521 (2024) — Title 43: PUBLIC LANDS / Chapter 32: COLORADO RIVER BASIN PROJECT / Subchapter III: AUTHORIZED UNITS; PROTECTION OF EXISTING USES / Section 1521: Central Arizona Project
Central Arizona Project
Status: in_force

(a) Construction and operation; Hayden-Rhodes Aqueduct and pumping plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker Dam and Reservoir; Charleston Dam and Reservoir; Tucson aqueducts and pumping plants; Fannin-McFarland Aqueduct; related and appurtenant works

For the purposes of furnishing irrigation water and municipal water supplies to the water-deficient areas of Arizona and western New Mexico through direct diversion or exchange of water, control of floods, conservation and development of fish and wildlife resources, enhancement of recreation opportunities, and for other purposes, the Secretary shall construct, operate, and maintain the Central Arizona Project, consisting of the following principal works: (1) a system of main conduits and canals, including a main canal and pumping plants (Hayden-Rhodes Aqueduct and pumping plants), for diverting and carrying water from Lake Havasu to Orme Dam or suitable alternative, which system may have a capacity of 3,000 cubic feet per second or whatever lesser capacity is found to be feasible: Provided, That any capacity in the Hayden-Rhodes Aqueduct in excess of 2,500 cubic feet per second shall be utilized for the conveyance of Colorado River water only when Lake Powell is full or releases of water are made from Lake Powell to prevent the reservoir from exceeding elevation 3,700 feet above mean sea level or when releases are made pursuant to the proviso in section 1552(a)(3) of this title: Provided further, That the costs of providing any capacity in excess of 2,500 cubic feet per second shall be repaid by those funds available to Arizona pursuant to the provision of section 1543(f) of this title, or by funds from sources other than the development fund; (2) Orme Dam and Reservoir and power pumping plant or suitable alternative; (3) Buttes Dam and Reservoir, which shall be so operated as not to prejudice the rights of any user in and to the waters of the Gila River as those rights are set forth in the decree entered by the United States District Court for the District of Arizona on June 29, 1935, in United States against Gila Valley Irrigation District and others (Globe Equity Numbered 59); (4) Hooker Dam and Reservoir or suitable alternative, which shall be constructed in such a manner as to give effect to the provisions of subsection (f) of section 1524 of this title; (5) Charleston Dam and Reservoir; (6) Tucson aqueducts and pumping plants; (7) Fannin-McFarland Aqueduct; (8) related canals, regulating facilities, hydroelectric powerplants, and electric transmission facilities required for the operation of said principal works; (9) related water distribution and drainage works; and (10) appurtenant works.

(b) Limitation on water diversions in years of insufficient main stream Colorado River water

Article II(B)(3) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340) shall be so administered that in any year in which, as determined by the Secretary, there is insufficient main stream Colorado River water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada, diversions from the main stream for the Central Arizona Project shall be so limited as to assure the availability of water in quantities sufficient to provide for the aggregate annual consumptive use by holders of present perfected rights, by other users in the State of California served under existing contracts with the United States by diversion works heretofore constructed, and by other existing Federal reservations in that State, of four million four hundred thousand acre-feet of mainstream water, and by users of the same character in Arizona and Nevada. Water users in the State of Nevada shall not be required to bear shortages in any proportion greater than would have been imposed in the absence of this subsection. This subsection shall not affect the relative priorities, among themselves, of water users in Arizona, Nevada, and California which are senior to diversions for the Central Arizona Project, or amend any provisions of said decree.

(c) Augmentation of water supply of Colorado River system

The limitation stated in subsection (b) of this section shall not apply so long as the Secretary shall determine and proclaim that means are available and in operation which augment the water supply of the Colorado River system in such quantity as to make sufficient mainstream water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada.

(Pub. L. 90–537, title III, §301, Sept. 30, 1968, 82 Stat. 887; Pub. L. 100–345, §2(b), June 24, 1988, 102 Stat. 643; Pub. L. 102–575, title XIII, §1302, Oct. 30, 1992, 106 Stat. 4662.)

Editorial Notes

Amendments

1992—Subsec. (a)(7). Pub. L. 102–575 substituted "Fannin-McFarland Aqueduct" for "Salt-Gila aqueducts".

1988—Subsec. (a)(1). Pub. L. 100–345 substituted "Hayden-Rhodes Aqueduct" for "Granite Reef aqueduct" in two places.

Statutory Notes and Related Subsidiaries

Designation of Salt-Gila Aqueduct as Fannin-McFarland Aqueduct

Sections 1301 and 1302 of Pub. L. 102–575 provided that:

"SEC. 1301. DESIGNATION.

"The Salt-Gila Aqueduct of the Central Arizona Project, constructed, operated, and maintained under section 301(a)(7) of the Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)), hereafter shall be known and designated as the 'Fannin-McFarland Aqueduct'.

"SEC. 1302. REFERENCES.

"Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in section 1301 hereby is deemed to be a reference to the 'Fannin-McFarland Aqueduct'."

Designation of Granite Reef Aqueduct as Hayden-Rhodes Aqueduct

Pub. L. 100–345, §2, June 24, 1988, 102 Stat. 643, provided that:

"(a) The Granite Reef Aqueduct of the Central Arizona project, constructed, operated, and maintained under section 301(a)(1) of the Colorado River Basin [Project] Act (43 U.S.C. 1521(a)(1)), hereafter shall be known and designated as the 'Hayden-Rhodes Aqueduct'.

"(b) Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in subsection (a) hereby is deemed to be a reference to the 'Hayden-Rhodes Aqueduct'."
43 U.S.C. § 10 (2024) — Title 43: PUBLIC LANDS / Chapter 1: BUREAU OF LAND MANAGEMENT / Section 10: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645
Status: repealed

Section, acts May 24, 1922, ch. 199, 42 Stat. 555; Jan. 24, 1923, ch. 42, 42 Stat. 1177, related to depositary acting for commissioner as receiver of public moneys.
43 U.S.C. § 376 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 376: Return of land donations not needed
Return of land donations not needed
Status: in_force

Where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized without charge to reconvey such property or any part thereof to the donating grantor, or to the heirs, successors, or assigns of such grantor.

(Dec. 5, 1924, ch. 4, §4, subsec. Q, 43 Stat. 704.)

Statutory Notes and Related Subsidiaries

Definitions

The definitions in section 371 of this title apply to this section.
43 U.S.C. § 1617 (2024) — Title 43: PUBLIC LANDS / Chapter 33: ALASKA NATIVE CLAIMS SETTLEMENT / Section 1617: Revocation of Indian allotment authority in Alaska
Revocation of Indian allotment authority in Alaska
Status: in_force

(a) Revocation of authority

No Native covered by the provisions of this chapter, and no descendant of his, may hereafter avail himself of an allotment under the provisions of the Act of February 8, 1887 (24 Stat. 389), as amended and supplemented, or the Act of June 25, 1910 (36 Stat. 363). Further, the Act of May 17, 1906 (34 Stat. 197), as amended, is repealed. Notwithstanding the foregoing provisions of this section, any application for an allotment that is pending before the Department of the Interior on December 18, 1971, may, at the option of the Native applicant, be approved and a patent issued in accordance with said 1887, 1910, or 1906 Act, as the case may be, in which event the Native shall not be eligible for a patent under section 1613(h)(5) of this title.

(b) Charging allotment against statutory grant

Any allotments approved pursuant to this section during the four years following December 18, 1971, shall be charged against the two million acre grant provided for in section 1613(h) of this title.

(c) Relocation of allotment

(1)(A) Notwithstanding any other provision of law, an allotment applicant, who had a valid application pending before the Department of the Interior on December 18, 1971, and whose application remains pending as of October 14, 1992, may amend the land description in the application of the applicant (with the advice and approval of the responsible officer of the Bureau of Indian Affairs) to describe land other than the land that the applicant originally intended to claim if—

(i) the application pending before the Department, either describes land selected by, tentatively approved to, or patented to the State of Alaska or otherwise conflicts with an interest in land granted to the State of Alaska by the United States prior to the filing of the allotment application;

(ii) the amended land description describes land selected by, tentatively approved to, or patented to the State of Alaska of approximately equal acreage in substitution for the land described in the original application; and

(iii) the Commissioner of the Department of Natural Resources for the State of Alaska, acting under the authority of State law, has agreed to reconvey or relinquish to the United States the land, or interest in land, described in the amended application.

(B) If an application pending before the Department of the Interior as described in subparagraph (A) describes land selected by, but not tentatively approved to or patented to, the State of Alaska, the concurrence of the Secretary of the Interior shall be required in order for an application to proceed under this section.

(2)(A) The Secretary shall accept reconveyance or relinquishment from the State of Alaska of the land described in an amended application pursuant to paragraph (1)(A), except where the land described in the amended application is State-owned land within the boundaries of a conservation system unit as defined in the Alaska National Interest Lands Conservation Act. Upon acceptance, the Secretary shall issue a Native Allotment certificate to the applicant for the land reconveyed or relinquished by the State of Alaska to the United States.

(B) The Secretary shall adjust the computation of the acreage charged against the land entitlement of the State of Alaska to ensure that this subsection will not cause the State to receive either more or less than its full land entitlement under section 6 of the Act entitled "An Act to provide for the admission of the State of Alaska into the Union", approved July 7, 1958 (commonly referred to as the "Alaska Statehood Act"), and section 906 of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635). If the State retains any part of the fee estate, the State shall remain charged with the acreage.

(d) Correction of conveyance documents

(1) If an allotment application is valid or would have been approved under section 1634 of this title had the land described in the application been in Federal ownership on December 2, 1980, the Secretary may correct a conveyance to a Native Corporation or to the State that includes land described in the allotment application to exclude the described allotment land with the written concurrence of the Native Corporation or the State.

(2) A written concurrence shall—

(A) include a finding that the land description proposed by the Secretary is acceptable; and

(B) attest that the Native Corporation or the State has not—

(i) granted any third party rights or taken any other action that would affect the ability of the United States to convey full title under the Act of May 17, 1906 (34 Stat. 197, chapter 2469); and

(ii) stored or allowed the deposit of hazardous waste on the land.

(3) On receipt of an acceptable written concurrence, the Secretary, shall—

(A) issue a corrected conveyance document to the State or Native Corporation, as appropriate; and

(B) issue a certificate of allotment to the allotment applicant.

(4) No documents of reconveyance from the State or an Alaska Native Corporation or evidence of title, other than the written concurrence and attestation described in paragraph (2), are necessary to use the procedures authorized by this subsection.

(e) Native allotment revisions on land selected by or conveyed to a Native Corporation

(1) An allotment applicant who had an application pending before the Department of the Interior on December 18, 1971, and whose application is still open on the records of the Department of the Interior as of December 10, 2004, may revise the land description in the application to describe land other than the land that the applicant originally intended to claim if—

(A) the application—

(i) describes land selected by or conveyed by interim conveyance or patent to a Native Corporation formed to receive benefits under this chapter; or

(ii) otherwise conflicts with an interest in land granted to a Native Corporation by the United States;

(B) the revised land description describes land selected by or conveyed by interim conveyance or patent to a Native Corporation of approximately equal acreage in substitution for the land described in the original application;

(C) the Director of the Bureau of Land Management has not adopted a final plan of survey for the final entitlement of the Native Corporation or its successor in interest; and

(D) the Native Corporation that selected the land or its successor in interest provides a corporate resolution authorizing reconveyance or relinquishment to the United States of the land, or interest in land, described in the revised application.

(2) The land description in an allotment application may not be revised under this section unless the Secretary has determined—

(A) that the allotment application is valid or would have been approved under section 1634 of this title had the land in the allotment application been in Federal ownership on December 2, 1980;

(B) in consultation with the administering agency, that the proposed revision would not create an isolated inholding within a conservation system unit (as defined in section 3102 of title 16); and

(C) that the proposed revision will facilitate completion of a land transfer in the State.

(3)(A) On obtaining title evidence acceptable under Department of Justice title standards and acceptance of a reconveyance or relinquishment from a Native Corporation under paragraph (1), the Secretary shall issue a Native allotment certificate to the applicant for the land reconveyed or relinquished by the Native Corporation.

(B) Any allotment revised under this section shall, when allotted, be made subject to any easement, trail, right-of-way, or any third-party interest (other than a fee interest) in existence on the revised allotment land on the date of revision.

(f) Reinstatements and reconstructions

(1) If an applicant for a Native allotment filed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) petitions the Secretary to reinstate a previously closed Native allotment application or to accept a reconstructed copy of an application claimed to have been timely filed with an agency of the Department of the Interior, the United States—

(A) may seek voluntary reconveyance of any land described in the application that is reinstated or reconstructed after December 10, 2004; but

(B) shall not file an action in any court to recover title from a current landowner.

(2) A certificate of allotment that is issued for any allotment application for which a request for reinstatement or reconstruction is received or accepted after December 10, 2004 shall be made subject to any Federal appropriation, trail, right-of-way, easement, or existing third party interest of record, including third party interests created by the State, without regard to the date on which the Native allotment applicant initiated use and occupancy.

(Pub. L. 92–203, §18, Dec. 18, 1971, 85 Stat. 710; Pub. L. 102–415, §3, Oct. 14, 1992, 106 Stat. 2112; Pub. L. 108–452, title III, §§301, 303, 305, Dec. 10, 2004, 118 Stat. 3587, 3588, 3590.)

Editorial Notes

References in Text

Act of February 8, 1887 (24 Stat. 389), referred to in subsec. (a), is popularly known as the Indian General Allotment Act. For complete classification of this Act to the Code, see Short Title note set out under section 331 of Title 25, Indians, and Tables.

Act of June 25, 1910 (36 Stat. 363), referred to in subsec. (a), probably means act June 25, 1910, ch. 431, 36 Stat. 855, which enacted section 148 of this title, sections 104 and 107 of former Title 18, Criminal Code and Criminal Procedure, sections 47, 93, 151, 191, 202, 312, 331, 333, 336, 337, 344a, 351, 352, 353, 372, 373, 403, 406, 407, 408 of Title 25, section 6a–1 of former Title 41, Public Contracts. Sections 104 and 107 of former Title 18 were repealed in the general revision of that title by act June 25, 1948, ch. 645, 62 Stat. 683, and were reenacted as sections 1853 and 1856 of Title 18, Crimes and Criminal Procedure. Section 6a–1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables.

Act of May 17, 1906 (34 Stat. 197), as amended, referred to in subsecs. (a), (d)(2)(B)(i), and (f)(1), is act May 17, 1906, ch. 2469, 34 Stat. 197, which enacted sections 270–1, 270–2, and 270–3 of this title, and was repealed by Pub. L. 92–203, §18(a), Dec. 18, 1971, 85 Stat. 710. For complete classification of this Act to the Code, see Tables.

The Alaska National Interest Lands Conservation Act, referred to in subsec. (c)(2)(A), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables.

Section 6 of the Act entitled "An Act to provide for the admission of the State of Alaska into the Union", approved July 7, 1958 (commonly referred to as the "Alaska Statehood Act"), referred to in subsec. (c)(2)(B), is section 6 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.

Amendments

2004—Subsec. (d). Pub. L. 108–452, §301, added subsec. (d).

Subsec. (e). Pub. L. 108–452, §303, added subsec. (e).

Subsec. (f). Pub. L. 108–452, §305, added subsec. (f).

1992—Subsec. (c). Pub. L. 102–415 added subsec. (c).

Statutory Notes and Related Subsidiaries

Title Recovery of Native Allotments

Pub. L. 108–452, title III, §302, Dec. 10, 2004, 118 Stat. 3588, provided that:

"(a) In General.—In lieu of the process for the correction of conveyance documents available under subsection (d) of section 18 of the Alaska Native Claims Settlement Act (as added by section 301) [43 U.S.C. 1617(d)], any Native Corporation may elect to reconvey all of the land encompassed by an allotment claim or a portion of the allotment claim agreeable to the applicant in satisfaction of the entire claim by tendering a valid and appropriate deed to the United States.

"(b) Certificate of Allotment.—If the United States determines that the allotment application is valid or would have been approved under section 905 of the Alaska National Interests Lands Conservation Act (42 U.S.C. 1634) had the land described in the allotment application been in Federal ownership on December 2, 1980, and obtains title evidence acceptable under the Department of Justice title standards, the United States shall accept the deed from the Native Corporation and issue a certificate of allotment to the allotment applicant.

"(c) Probate Not Required.—If the Native Corporation reconveys the entire interest of the Native Corporation in the allotment claim of a deceased applicant, the United States may accept the deed and issue the certificate of allotment without waiting for a determination of heirs or the approval of a will.

"(d) No Liability.—The United States shall not be subject to liability under Federal or State [of Alaska] law for the presence of any hazardous substance in land or an interest in land solely as a result of any reconveyance to, and transfer by, the United States of land or interests in land under this section."

Compensatory Acreage

Pub. L. 108–452, title III, §304, Dec. 10, 2004, 118 Stat. 3589, provided that:

"(a) In General.—The Secretary [of the Interior] shall adjust the acreage entitlement computation records for the State [of Alaska] or an affected Native Corporation to account for any difference in the amount of acreage between the corrected description and the previous description in any conveyance document as a result of actions taken under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) [43 U.S.C. 1617(d)] or section 18(e) of the Alaska Native Claims Settlement Act (as added by section 303), or for other voluntary reconveyances to the United States for the purpose of facilitating land transfers in the State.

"(b) Limitation.—No adjustment to the acreage conveyance computations shall be made where the State or an affected Native Corporation retains a partial estate in the described allotment land.

"(c) Availability of Additional Land.—If, as a result of implementation under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) [43 U.S.C. 1617(d)] or any voluntary reconveyance to facilitate a land transfer, a Village Corporation has insufficient remaining selections from which to receive its full entitlement under the Alaska Native Claims Settlement Act, the Secretary may use the authority and procedures available under paragraph (3) of section 22(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)) (as added by section 208) to make additional land available for selection by the Village Corporation."

Alaska Native Allotment Subdivision

Pub. L. 108–337, Oct. 18, 2004, 118 Stat. 1357, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Alaska Native Allotment Subdivision Act'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) Restricted land.—The term 'restricted land' means land in the State that is subject to Federal restrictions against alienation and taxation.

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

"(3) State.—The term 'State' means the State of Alaska.

"SEC. 3. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED LAND.

"(a) In General.—An Alaska Native owner of restricted land may, subject to the approval of the Secretary—

"(1) subdivide the restricted land in accordance with the laws of the—

"(A) State; or

"(B) applicable local platting authority; and

"(2) execute a certificate of ownership and dedication with respect to the restricted land subdivided under paragraph (1) with the same effect under State law as if the restricted land subdivided and dedicated were held by unrestricted fee simple title.

"(b) Ratification of Prior Subdivisions and Dedications.—Any subdivision or dedication of restricted land executed before the date of enactment of this Act [Oct. 18, 2004] that has been approved by the Secretary and by the relevant State or local platting authority, as appropriate, shall be considered to be ratified and confirmed by Congress as of the date on which the Secretary approved the subdivision or dedication.

"SEC. 4. EFFECT ON STATUS OF LAND NOT DEDICATED.

"Except in a case in which a specific interest in restricted land is dedicated under section 3(a)(2), nothing in this Act terminates, diminishes, or otherwise affects the continued existence and applicability of Federal restrictions against alienation and taxation on restricted land or interests in restricted land (including restricted land subdivided under section 3(a)(1))."
43 U.S.C. § 407 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter II: RECLAMATION FUND GENERALLY / Section 407: Reclamation Water Settlements Fund
Reclamation Water Settlements Fund
Status: in_force

(a) Establishment

There is established in the Treasury of the United States a fund, to be known as the "Reclamation Water Settlements Fund", consisting of—

(1) such amounts as are deposited to the Fund under subsection (b); and

(2) any interest earned on investment of amounts in the Fund under subsection (d).

(b) Deposits to Fund

(1) In general

For each of fiscal years 2020 through 2029, the Secretary of the Treasury shall deposit in the Fund, if available, $120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by section 391 of this title.

(2) Availability of amounts

Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section—

(A) without further appropriation; and

(B) in addition to amounts appropriated pursuant to any authorization contained in any other provision of law.

(c) Expenditures from Fund

(1) In general

(A) Expenditures

Subject to subparagraph (B), for each of fiscal years 2020 through 2034, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3).

(B) Additional expenditures

The Secretary may expend more than $120,000,000 for any fiscal year if such amounts are available in the Fund due to expenditures not reaching $120,000,000 for prior fiscal years.

(2) Authority

The Secretary may expend money from the Fund to implement a settlement agreement approved by Congress that resolves, in whole or in part, litigation involving the United States, if the settlement agreement or implementing legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct—

(A) water supply infrastructure; or

(B) a project—

(i) to rehabilitate a water delivery system to conserve water; or

(ii) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on March 30, 2009.

(3) Use for completion of project and other settlements

(A) Priorities

(i) First priority

(I) In general

The first priority for expenditure of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B).

(II) Reserved amounts

The Secretary shall reserve and use amounts deposited into the Fund in accordance with subclause (I).

(ii) Other purposes

Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authorized in paragraph (2).

(B) Completion of project

(i) Navajo-Gallup water supply project

(I) In general

Subject to subclause (II), effective beginning January 1, 2020, if, in the judgment of the Secretary on an annual basis the deadline described in section 10701(e)(1)(A)(ix) 1 is unlikely to be met because a sufficient amount of funding is not otherwise available through appropriations made available pursuant to section 10609(a),1 the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs, and substantially complete as expeditiously as practicable, the construction of the water supply infrastructure authorized as part of the Project.

(II) Maximum amount

(aa) In general

Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $500,000,000 for the period of fiscal years 2020 through 2029.

(bb) Exception

The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (ii) through (iv).

(ii) Other New Mexico settlements

(I) In general

Subject to subclause (II), effective beginning January 1, 2020, in addition to the funding made available under clause (i), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing the Indian water rights settlement agreements entered into by the State of New Mexico in the Aamodt adjudication and the Abeyta adjudication, if such settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.

(II) Maximum amount

The amount expended under subclause (I) shall not exceed $250,000,000.

(iii) Montana settlements

(I) In general

Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i) and (ii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing Indian water rights settlement agreements entered into by the State of Montana with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Reservation in the judicial proceeding entitled "In re the General Adjudication of All the Rights to Use Surface and Groundwater in the State of Montana", if a settlement or settlements are subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.

(II) Maximum amount

(aa) In general

Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $350,000,000 for the period of fiscal years 2020 through 2029.

(bb) Exception

The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clause (i), (ii), and (iv).

(cc) Other funding

The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).

(iv) Arizona settlement

(I) In general

Subject to subclause (II), effective beginning January 1, 2020, in addition to funding made available pursuant to clauses (i), (ii), and (iii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the remaining costs of implementing an Indian water rights settlement agreement entered into by the State of Arizona with the Navajo Nation to resolve the water rights claims of the Nation in the Lower Colorado River basin in Arizona, if a settlement is subsequently approved and authorized by an Act of Congress and the implementation period has not already expired.

(II) Maximum amount

(aa) In general

Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $100,000,000 for the period of fiscal years 2020 through 2029.

(bb) Exception

The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence if such additional funds can be expended without limiting the amounts identified in clauses (i) through (iii).

(cc) Other funding

The Secretary shall ensure that any funding under this clause shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).

(C) Reversion

If the settlements described in clauses (ii) through (iv) of subparagraph (B) have not been approved and authorized by an Act of Congress by December 31, 2019, the amounts reserved for the settlements shall no longer be reserved by the Secretary pursuant to subparagraph (A)(i) and shall revert to the Fund for any authorized use, as determined by the Secretary.

(d) Investment of amounts

(1) In general

The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.

(2) Credits to Fund

The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.

(e) Transfers of amounts

(1) In general

The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.

(2) Adjustments

Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

(f) Termination

On September 30, 2034—

(1) the Fund shall terminate; and

(2) the unexpended and unobligated balance of the Fund shall be transferred to the appropriate fund of the Treasury.

(Pub. L. 111–11, title X, §10501, Mar. 30, 2009, 123 Stat. 1375.)

Editorial Notes

References in Text

Section 10701(e)(1)(A)(ix), referred to in subsec. (c)(3)(B)(i)(I), is section 10701(e)(1)(A)(ix) of Pub. L. 111–11, which is set out as a note under section 620 of this title.

Section 10609(a), referred to in subsec. (c)(3)(B)(i)(I), is section 10609(a) of title X of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1395, which is not classified to the Code.

Statutory Notes and Related Subsidiaries

Compliance With Environmental Laws

Pub. L. 111–11, title X, §10303, Mar. 30, 2009, 123 Stat. 1370, provided that:

"(a) Effect of Execution of Agreement.—The execution of the Agreement under section 10701(a)(2) [43 U.S.C. 620 note] shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

"(b) Compliance With Environmental Laws.—In carrying out this subtitle [subtitle B (§§10301–10704) of title X of Pub. L. 111–11, see Definitions note below], the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including—

"(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

"(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)."

Definitions

Pub. L. 111–11, title X, §10302, Mar. 30, 2009, 123 Stat. 1367, as amended by Pub. L. 114–57, §2(a), Sept. 30, 2015, 129 Stat. 528, provided that: "In this subtitle [subtitle B (§§10301–10704) of title X of Pub. L. 111–11, enacting this section, former section 615jj, and section 620n–1 of this title, amending former section 615ss and sections 620 and 620o of this title, repealing former section 615jj of this title, and enacting provisions set out as notes under this section and sections 371 and 620 of this title]:

"(1) Aamodt adjudication.—The term 'Aamodt adjudication' means the general stream adjudication that is the subject of the civil action entitled 'State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al.', No. 66 CV 6639 MV/LCS (D.N.M.).

"(2) Abeyta adjudication.—The term 'Abeyta adjudication' means the general stream adjudication that is the subject of the civil actions entitled 'State of New Mexico v. Abeyta and State of New Mexico v. Arellano', Civil Nos. 7896–BB (D.N.M) and 7939–BB (D.N.M.) (consolidated).

"(3) Acre-feet.—The term 'acre-feet' means acre-feet per year.

"(4) Agreement.—The term 'Agreement' means the agreement among the State of New Mexico, the Nation, and the United States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on April 19, 2005.

"(5) Allottee.—The term 'allottee' means a person that holds a beneficial real property interest in a Navajo allotment that—

"(A) is located within the Navajo Reservation or the State of New Mexico;

"(B) is held in trust by the United States; and

"(C) was originally granted to an individual member of the Nation by public land order or otherwise.

"(6) Animas-la plata project.—The term 'Animas-La Plata Project' has the meaning given the term in section 3 of Public Law 100–585 (102 Stat. 2973), including Ridges Basin Dam, Lake Nighthorse, the Navajo Nation Municipal Pipeline, and any other features or modifications made pursuant to the Colorado Ute Settlement Act Amendments of 2000 (Public Law 106–554; 114 Stat. 2763A–258).

"(7) City.—The term 'City' means the city of Gallup, New Mexico, or a designee of the City, with authority to provide water to the Gallup, New Mexico service area.

"(8) Colorado river compact.—The term 'Colorado River Compact' means the Colorado River Compact of 1922 as approved by Congress in the Act of December 21, 1928 (45 Stat. 1057) and by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000).

"(9) Colorado river system.—The term 'Colorado River System' has the same meaning given the term in Article II(a) of the Colorado River Compact.

"(10) Compact.—The term 'Compact' means the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).

"(11) Contract.—The term 'Contract' means the contract between the United States and the Nation setting forth certain commitments, rights, and obligations of the United States and the Nation, as described in paragraph 6.0 of the Agreement.

"(12) Depletion.—The term 'depletion' means the depletion of the flow of the San Juan River stream system in the State of New Mexico by a particular use of water (including any depletion incident to the use) and represents the diversion from the stream system by the use, less return flows to the stream system from the use.

"(13) Draft impact statement.—The term 'Draft Impact Statement' means the draft environmental impact statement prepared by the Bureau of Reclamation for the Project dated March 2007.

"(14) Fund.—The term 'Fund' means the Reclamation Waters Settlements Fund established by section 10501(a) [43 U.S.C. 407(a)].

"(15) Hydrologic determination.—The term 'hydrologic determination' means the hydrologic determination entitled 'Water Availability from Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico,' prepared by the Bureau of Reclamation pursuant to section 11 of the Act of June 13, 1962 (Public Law 87–483; 76 Stat. 99) [former 43 U.S.C. 615ss], and dated May 23, 2007.

"(16) Lower basin.—The term 'Lower Basin' has the same meaning given the term in Article II(g) of the Colorado River Compact.

"(17) Nation.—The term 'Nation' means the Navajo Nation, a body politic and federally-recognized Indian nation as provided for in section 101(2) [102(2)] of the Federally Recognized Indian Tribe List [Act] of 1994 (25 U.S.C. 497a(2)) [now 25 U.S.C. 5130(2)], also known variously as the 'Navajo Tribe,' the 'Navajo Tribe of Arizona, New Mexico & Utah,' and the 'Navajo Tribe of Indians' and other similar names, and includes all bands of Navajo Indians and chapters of the Navajo Nation.

"(18) Navajo-gallup water supply project; project.—The term 'Navajo-Gallup Water Supply Project' or 'Project' means the Navajo-Gallup Water Supply Project authorized under section 10602(a) [123 Stat. 1379], as described as the preferred alternative in the Draft Impact Statement.

"(19) Navajo indian irrigation project.—The term 'Navajo Indian Irrigation Project' means the Navajo Indian irrigation project authorized by section 2 of Public Law 87–483 (76 Stat. 96) [former 43 U.S.C. 615jj].

"(20) Navajo reservoir.—The term 'Navajo Reservoir' means the reservoir created by the impoundment of the San Juan River at Navajo Dam, as authorized by the Act of April 11, 1956 (commonly known as the 'Colorado River Storage Project Act') (43 U.S.C. 620 et seq.).

"(21) Navajo nation municipal pipeline; pipeline.—The term 'Navajo Nation Municipal Pipeline' or 'Pipeline' means the pipeline used to convey the water of the Animas-La Plata Project of the Navajo Nation from the City of Farmington, New Mexico, to communities of the Navajo Nation located in close proximity to the San Juan River Valley in the State of New Mexico (including the City of Shiprock), as authorized by section 15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100–585; 102 Stat. 2973; 114 Stat. 2763A–263).

"(22) Non-navajo irrigation districts.—The term 'Non-Navajo Irrigation Districts' means—

"(A) the Hammond Conservancy District;

"(B) the Bloomfield Irrigation District; and

"(C) any other community ditch organization in the San Juan River basin in the State of New Mexico.

"(23) Partial final decree.—The term 'Partial Final Decree' means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth the rights of the Nation to use and administer waters of the San Juan River Basin in New Mexico, as set forth in Appendix 1 of the Agreement.

"(24) Project participants.—The term 'Project Participants' means the City, the Nation, and the Jicarilla Apache Nation.

"(25) San juan river basin recovery implementation program.—The term 'San Juan River Basin Recovery Implementation Program' means the intergovernmental program established pursuant to the cooperative agreement dated October 21, 1992 (including any amendments to the program).

"(26) Secretary.—The term 'Secretary' means the Secretary of the Interior, acting through the Commissioner of Reclamation or any other designee.

"(27) Stream adjudication.—The term 'stream adjudication' means the general stream adjudication that is the subject of New Mexico v. United States, et al., No. 75–184 (11th Jud. Dist., San Juan County, New Mexico) (involving claims to waters of the San Juan River and the tributaries of that river).

"(28) Supplemental partial final decree.—The term 'Supplemental Partial Final Decree' means a final and binding judgment and decree entered by a court in the stream adjudication, setting forth certain water rights of the Nation, as set forth in Appendix 2 of the Agreement.

"(29) Trust fund.—The term 'Trust Fund' means the Navajo Nation Water Resources Development Trust Fund established by section 10702(a) [123 Stat. 1402].

"(30) Upper basin.—The term 'Upper Basin' has the same meaning given the term in Article II(f) of the Colorado River Compact."

1 See References in Text note below.
43 U.S.C. § 423h (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter V: ADMINISTRATION OF EXISTING PROJECTS / Section 423h: Delivery of water to excess lands upon death of spouse
Delivery of water to excess lands upon death of spouse
Status: in_force

Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title, and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under section 423e of this title, the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this section.

(Pub. L. 86–684, Sept. 2, 1960, 74 Stat. 732.)

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. § 1071 (2024) — Title 43: PUBLIC LANDS / Chapter 26: ABANDONED MILITARY RESERVATIONS / Section 1071: Repealed. Oct. 31, 1951, ch. 654, §1(114), 65 Stat. 706
Repealed. Oct. 31, 1951, ch. 654, §1(114), 65 Stat. 706
Status: repealed

Section 1071, act July 5, 1884, ch. 214, §1, 23 Stat. 103, provided for designation by President of abandoned military reservations for disposition by Secretary of the Interior.

Section 1072, act July 5, 1884, ch. 214, §2, 23 Stat. 103, related to survey or subdivision of those lands and appraisal, advertisement and sale and rights of settlers.

Section 1073, act July 5, 1884, ch. 214, §3, 23 Stat. 103, related to sale of improvements or other property on those reservations.
43 U.S.C. § 1733 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter III: ADMINISTRATION / Section 1733: Enforcement authority
Enforcement authority
Status: in_force

(a) Regulations for implementation of management, use, and protection requirements; violations; criminal penalties

The Secretary shall issue regulations necessary to implement the provisions of this Act with respect to the management, use, and protection of the public lands, including the property located thereon. Any person who knowingly and willfully violates any such regulation which is lawfully issued pursuant to this Act shall be fined no more than $1,000 or imprisoned no more than twelve months, or both. Any person charged with a violation of such regulation may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18.

(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction

At the request of the Secretary, the Attorney General may institute a civil action in any United States district court for an injunction or other appropriate order to prevent any person from utilizing public lands in violation of regulations issued by the Secretary under this Act.

(c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation

(1) When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations. The Secretary shall negotiate on reasonable terms with such officials who have authority to enter into such contracts to enforce such Federal laws and regulations. In the performance of their duties under such contracts such officials and their agents are authorized to carry firearms; execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his presence or view, or for a felony if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; search without warrant or process any person, place, or conveyance according to any Federal law or rule of law; and seize without warrant or process any evidentiary item as provided by Federal law. The Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for responsibilities. While exercising the powers and authorities provided by such contract pursuant to this section, such law enforcement officials and their agents shall have all the immunities of Federal law enforcement officials.

(2) The Secretary may authorize Federal personnel or appropriate local officials to carry out his law enforcement responsibilities with respect to the public lands and their resources. Such designated personnel shall receive the training and have the responsibilities and authority provided for in paragraph (1) of this subsection.

(d) Cooperation with regulatory and law enforcement officials of any State or political subdivision in enforcement of laws or ordinances

In connection with the administration and regulation of the use and occupancy of the public lands, the Secretary is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or subdivision. Such cooperation may include reimbursement to a State or its subdivision for expenditures incurred by it in connection with activities which assist in the administration and regulation of use and occupancy of the public lands.

(e) Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of Federal laws and regulations

Nothing in this section shall prevent the Secretary from promptly establishing a uniformed desert ranger force in the California Desert Conservation Area established pursuant to section 1781 of this title for the purpose of enforcing Federal laws and regulations relating to the public lands and resources managed by him in such area. The officers and members of such ranger force shall have the same responsibilities and authority as provided for in paragraph (1) of subsection (c) of this section.

(f) Applicability of other Federal enforcement provisions

Nothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by any other statute.

(g) Unlawful activities

The use, occupancy, or development of any portion of the public lands contrary to any regulation of the Secretary or other responsible authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited.

(Pub. L. 94–579, title III, §303, Oct. 21, 1976, 90 Stat. 2763; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (a), (b), and (f), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

"United States magistrate judge" substituted for "United States magistrate" in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Modification of Regulations Relating to Mining Operations on Public Lands; Posting of Reclamation Bond for All Operations Involving Significant Surface Disturbance

Pub. L. 99–500, §101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783–243, and Pub. L. 99–591, §101(h) [title I], Oct. 30, 1986, 100 Stat. 3341–242, 3341–243, provided: "That regulations pertaining to mining operations on public lands conducted under the Mining Law of 1872 (30 U.S.C. 22, et seq.) and sections 302, 303, and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732, 1733, and 1782) shall be modified to include a requirement for the posting of reclamation bonds by operators for all operations which involve significant surface disturbance, (a) at the discretion of the authorized officer for operators who have a record of compliance with pertinent regulations concerning mining on public lands, and (b) on a mandatory basis only for operators with a history of noncompliance with the aforesaid regulations: Provided further, That surety bonds, third party surety bonds, or irrevocable letters of credit shall qualify as bond instruments: Provided further, That evidence of an equivalent bond posted with a State agency shall be accepted in lieu of a separate bond: Provided further, That the amount of such bonds shall be sufficient to cover the costs of reclamation as estimated by the Bureau of Land Management."
43 U.S.C. § 31 (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 31: Director of United States Geological Survey
Director of United States Geological Survey
Status: in_force

(a) Establishment of office; appointment and duties; examination of geological structure, mineral resources, and products of national domain; prohibitions in respect to lands and surveys

The Director of the United States Geological Survey, which office is established, under the Interior Department, shall be appointed by the President by and with the advice and consent of the Senate. This officer shall have the direction of the United States Geological Survey, and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain. The Director and members of the United States Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey, and shall execute no surveys or examinations for private parties or corporations.

(b) Examination of geological structure, mineral resources, and products outside national domain

The authority of the Secretary of the Interior, exercised through the United States Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest.

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

Editorial Notes

Codification

Subsec. (a) of this section is from act Mar. 3, 1879. Subsecs. (b) and (c) of this section are sections 1 and 2, respectively, of Pub. L. 87–626.

Provisions of subsec. (a) of this section which limited the salary of the Director of the Geological Survey to $6,000 a year were omitted as obsolete. See section 5316 of Title 5, Government Organization and Employees.

Amendments

1995—Subsec. (c). Pub. L. 104–66 struck out subsec. (c) which read as follows: "The Secretary of the Interior shall report to the Speaker of the House of Representatives and the President of the Senate on January 31 of each year on all actions taken pursuant to subsection (b) of this section during the year ending on the December 31 immediately preceding the reporting date and on the results of such actions."

1975—Subsec. (c). Pub. L. 93–608 substituted requirement of an annual report for requirement of a semiannual report.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 102–285, §10(a), May 18, 1992, 106 Stat. 171, provided that: "The Geological Survey established by the Act of March 3, 1879 (43 U.S.C. 31(a)), is designated as and shall hereafter [on and after May 18, 1992] be known as the United States Geological Survey."

"United States Geological Survey" substituted for "Geological Survey" in subsecs. (a) and (b) pursuant to provision of title I of Pub. L. 102–154, which provided: "That the Geological Survey (43 U.S.C. 31(a)) shall hereafter [on and after Nov. 13, 1991] be designated the United States Geological Survey."

Continental Scientific Drilling and Exploration

Pub. L. 100–441, Sept. 22, 1988, 102 Stat. 1760, provided: "That this Act may be cited as the 'Continental Scientific Drilling and Exploration Act'.

"SEC. 2. PURPOSES.

"The purpose of this Act is to—

"(1) implement section 323 of the joint resolution entitled 'Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes', approved October 12, 1984 (Public Law 98–473; 98 Stat. 1875) [set out below] which supports and encourages the development of a national Continental Scientific Drilling Program;

"(2) enhance fundamental understanding of the composition, structure, dynamics, and evolution of the continental crust, and how such processes affect natural phenomena such as earthquakes, volcanic eruptions, transfer of geothermal energy, distribution of mineral deposits, the occurrence of fossil fuels, and the nature and extent of aquifers;

"(3) advance basic earth sciences research and technological development;

"(4) obtain critical data regarding the earth's crust relating to isolation of hazardous wastes; and

"(5) develop a long-range plan for implementation of the Continental Scientific Drilling Program.

"SEC. 3. FINDINGS.

"Congress finds that—

"(1) because the earth provides energy, minerals, and water, and is used as a storage medium for municipal, chemical, and nuclear waste, an understanding of the processes and structures in the earth's crust is essential to the well being of the United States;

"(2) there is a need for developing long-range plans for a United States Continental Scientific Drilling Program; and

"(3) the Continental Scientific Drilling Program would enhance—

"(A) understanding of the crustal evolution of the earth and the mountain building processes;

"(B) understanding of the mechanisms of earthquakes and volcanic eruptions and the development of improved techniques for prediction;

"(C) understanding of the development and utilization of geothermal and other energy sources and the formation of and occurrence of mineral deposits;

"(D) understanding of the migration of fluids in the earth's crust for evaluation of waste contamination and the development of more effective techniques for the safe subsurface disposal of hazardous wastes;

"(E) understanding and definition of the size, source, and more effective use of aquifers and other water resources; and

"(F) evaluation and verification of surface geophysical techniques needed for exploring and monitoring the earth's crust.

"SEC. 4. IMPLEMENTATION OF CONTINENTAL SCIENTIFIC DRILLING PROGRAM.

"The Secretary of the Department of Energy, the Secretary of the Department of the Interior through the United States Geological Survey, and the Director of the National Science Foundation shall implement the policies of section 323 of the joint resolution entitled 'Joint Resolution making continuing appropriations for the fiscal year 1985, and for other purposes', approved October 12, 1984 (Public Law 98–473; 98 Stat. 1875) [set out below] by—

"(1) taking such action as necessary to assure an effective, cooperative effort in furtherance of the Continental Scientific Drilling Program of the United States;

"(2) taking all reasonable administrative and financial measures to assure that the Interagency Accord on Continental Scientific Drilling continues to function effectively in support of such program;

"(3) assuring the continuing effective operation of the Interagency Coordinating Group to further the objectives of such program;

"(4) taking such action to assure that the Interagency Coordinating Group receives appropriate cooperation from any Federal agency that can contribute to the objectives of such program, without adversely affecting any program or activity of such agency;

"(5) acting through the Interagency Coordinating Group, preparing and submitting to the Congress, within one hundred and eighty days after the enactment of this Act [Sept. 22, 1988] a report describing—

"(A) long and short-term policy objectives and goals of the United States Continental Scientific Drilling Program;

"(B) projected schedules of desirable scientific and engineering events that would advance United States objectives in the Continental Scientific Drilling Program;

"(C) the levels of resources and funding for fiscal year 1989 that would be required by each participating Federal agency to carry out events pursuant to subparagraphs (A) and (B);

"(D) the scientific, economic, technological, and social benefits expected to be realized through the implementation of such program at each level described in subparagraph (C);

"(E) a recommended course for interaction with the international community in a cooperative effort to achieve the goals and purposes of this Act;

"(F) the extent of participation or interest shown to date in the Continental Scientific Drilling Program by—

"(i) any other governmental agency;

"(ii) any academic institution;

"(iii) any organization in the private sector; and

"(iv) any governmental or other entity in the international community;

"(G) a plan to develop beneficial cooperative relationships among the entities mentioned in subparagraph (F), to the extent that the Interagency Coordinating Group deems practicable; and

"(H) any other information or recommendations that the Interagency Coordinating Group deems appropriate; and

"(6) submitting to the Congress annually, beginning one year after the submission of a report under paragraph (5), a report describing the levels of resources and funding that would be required by each participating Federal agency for the next fiscal year to carry out events pursuant to paragraph (5)(A) and (B)."

[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 4(6) of Pub. L. 100–441, set out above, is listed as the 10th item on page 149), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, §1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.]

Pub. L. 98–473, title I, §101(c) [title III, §323], Oct. 12, 1984, 98 Stat. 1837, 1875, provided that: "It is the sense of the Congress that the Continental Scientific Drilling Program is an important national scientific endeavor, benefiting the commerce of the Nation, which should be vigorously pursued by Government and the private sector. The Continental Scientific Drilling Program is an important national scientific endeavor that is vital to the understanding of the geologic evolution of the Earth and the economic value of its resources; the most effective and efficient means of realizing the fullest potential in the Continental Scientific Drilling Program is through a cooperative effort by the Department of Energy, the National Science Foundation, and the United States Geological Survey; many important commercial and scientific advances may result from the Continental Scientific Drilling Program; and many foreign nations are engaged in a comparable deep drilling program, and cooperation and coordination would be beneficial to United States efforts. It is the sense of the Congress that—

"(1) the Continental Scientific Drilling Program is an important national scientific endeavor by the United States which should be enthusiastically implemented through a joint cooperative effort among the United States Department of Energy, the National Science Foundation, and the United States Geological Survey;

"(2) the private sector should be encouraged to support the Continental Scientific Drilling Program and the participating agencies should solicit appropriate private sector participation in such program; and

"(3) the United States Government should cooperate to the extent practicable with the international community in developing this important scientific and technical activity."

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. § 1474a (2024) — Title 43: PUBLIC LANDS / Chapter 31: DEPARTMENT OF THE INTERIOR / Section 1474a: Emergency Department of the Interior Firefighting Fund; amounts considered "emergency requirements"
Emergency Department of the Interior Firefighting Fund; amounts considered "emergency requirements"
Status: in_force

On and after November 13, 1991, beginning in fiscal year 1993, and in each year thereafter, only amounts for emergency rehabilitation and wildfire suppression activities that are in excess of the average of such costs for the previous ten years shall be considered "emergency requirements" pursuant to section 901(b)(2)(D) 1 of title 2, and such amounts shall on and after November 13, 1991, be so designated.

(Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 991.)

Editorial Notes

References in Text

Section 901 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, §10203(a)(4), Aug. 5, 1997, 111 Stat. 699, and by Pub. L. 112–25, title I, §101, Aug. 2, 2011, 125 Stat. 241. As so amended, section 901(b)(2)(D) of title 2 no longer refers to "emergency requirements".

1 See References in Text note below.
43 U.S.C. § 377a (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 377a: Limitation on use of funds where organizations or individuals are in arrears on contract charges
Limitation on use of funds where organizations or individuals are in arrears on contract charges
Status: in_force

No funds appropriated to the Bureau of Reclamation for operation and maintenance in this Act or in subsequent Energy and Water Development Appropriations Acts, except those derived from advances by water users, shall on and after October 2, 1992, be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users' organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.

(Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1331.)

Editorial Notes

Codification

Section is from the appropriation act cited as the credit to this section.

Prior Provisions

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

Pub. L. 102–104, title II, Aug. 17, 1991, 105 Stat. 525.

Pub. L. 101–514, title II, Nov. 5, 1990, 104 Stat. 2086.

Pub. L. 101–101, title II, Sept. 29, 1989, 103 Stat. 655.

Pub. L. 100–371, title II, July 19, 1988, 102 Stat. 865.

Pub. L. 100–202, §101(d) [title II], Dec. 22, 1987, 101 Stat. 1329–104, 1329–117.

Pub. L. 99–500, §101(e) [title II], Oct. 18, 1986, 100 Stat. 1783–194, 1783–203, and Pub. L. 99–591, §101(e) [title II], Oct. 30, 1986, 100 Stat. 3341–194, 3341–203.

Pub. L. 99–141, title II, Nov. 1, 1985, 99 Stat. 570.

Pub. L. 98–360, title II, July 16, 1984, 98 Stat. 410.

Pub. L. 98–50, title II, July 14, 1983, 97 Stat. 253.

Pub. L. 97–88, title II, Dec. 4, 1981, 95 Stat. 1140.

Pub. L. 96–367, title III, Oct. 1, 1980, 94 Stat. 1342.

Pub. L. 96–69, title III, Sept. 25, 1979, 93 Stat. 447.

Pub. L. 95–96, title III, Aug. 7, 1977, 91 Stat. 804.

Pub. L. 94–355, title III, July 12, 1976, 90 Stat. 896.

Pub. L. 94–180, title III, Dec. 26, 1975, 89 Stat. 1043.

Pub. L. 93–393, title III, Aug. 28, 1974, 88 Stat. 788.

Pub. L. 93–97, title III, Aug. 16, 1973, 87 Stat. 324.

Pub. L. 92–405, title III, Aug. 25, 1972, 86 Stat. 627.

Pub. L. 92–134, title III, Oct. 5, 1971, 85 Stat. 371.

Pub. L. 91–349, title III, Oct. 7, 1970, 84 Stat. 899.

Pub. L. 91–144, title III, Dec. 11, 1969, 83 Stat. 332.

Pub. L. 90–479, title II, Aug. 12, 1968, 82 Stat. 711.

Pub. L. 90–147, title II, Nov. 20, 1967, 81 Stat. 478.

Pub. L. 89–689, title II, Oct. 15, 1966, 80 Stat. 1009.

Pub. L. 89–299, title II, Oct. 28, 1965, 79 Stat. 1104.

Pub. L. 88–511, title II, Aug. 30, 1964, 78 Stat. 689.

Pub. L. 88–257, title II, Dec. 31, 1963, 77 Stat. 850.

Pub. L. 87–880, title II, Oct. 24, 1962, 76 Stat. 1222.

Pub. L. 87–330, title II, Sept. 30, 1961, 75 Stat. 727.

Pub. L. 86–700, title II, Sept. 2, 1960, 74 Stat. 748.

Pub. L. 86–254, title II, Sept. 10, 1959, 73 Stat. 497.

Pub. L. 85–863, title II, Sept. 2, 1958, 72 Stat. 1577.

Pub. L. 85–167, title II, Aug. 26, 1957, 71 Stat. 421.

July 2, 1956, ch. 490, title II, 70 Stat. 478.

July 15, 1955, ch. 370, title II, 69 Stat. 359.

July 1, 1954, ch. 446, title I, 68 Stat. 368.

July 31, 1953, ch. 298, title I, 67 Stat. 268.

July 9, 1952, ch. 597, title I, 66 Stat. 453.

Aug. 31, 1951, ch. 375, title I, 65 Stat. 258.

Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 688.
43 U.S.C. § 1763 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter V: RIGHTS-OF-WAY / Section 1763: Right-of-way corridors; criteria and procedures applicable for designation
Right-of-way corridors; criteria and procedures applicable for designation
Status: in_force

In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rights-of-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way granted pursuant to this Act. In designating right-of-way corridors and in determining whether to require that rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices. The Secretary concerned shall issue regulations containing the criteria and procedures he will use in designating such corridors. Any existing transportation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review.

(Pub. L. 94–579, title V, §503, Oct. 21, 1976, 90 Stat. 2778.)

Editorial Notes

References in Text

This Act, referred to in text, 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.

Executive Documents

Transfer of Functions

Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with land use permits for other associated land uses issued under sections 1761, and 1763 to 1771 of this title, and such functions of Secretary or other official in Department of the Interior related to compliance with land use permits for temporary use of public lands and other associated land uses, issued under sections 1732, 1761, and 1763 to 1771 of this title, with respect to pre-construction, construction, and initial operation of transportation systems for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
43 U.S.C. § 31e (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 31e: Geologic mapping program 5-year plan
Geologic mapping program 5-year plan
Status: in_force

(a) In general

The Secretary, acting through the Director, shall, with the advice and review of the advisory committee, prepare a 5-year plan for the geologic mapping program.

(b) Requirements

The 5-year plan shall identify—

(1) overall priorities for the geologic mapping program; and

(2) implementation of the overall management structure and operation of the geologic mapping program, including—

(A) the role of the Survey in the capacity of overall management lead, including the responsibility for developing the national geologic mapping program that meets Federal needs while fostering State needs;

(B) the responsibilities of the State geological surveys, with emphasis on mechanisms that incorporate the needs, missions, capabilities, and requirements of the State geological surveys, into the nationwide geologic mapping program;

(C) mechanisms for identifying short- and long-term priorities for each component of the geologic mapping program, including—

(i) for the Federal component, a priority-setting mechanism that responds to—

(I) Federal mission requirements for geologic map information;

(II) critical scientific problems that require geologic maps for their resolution; and

(III) shared Federal and State needs for geologic maps, in which joint Federal-State geologic mapping projects are in the national interest;

(ii) for the State component, a priority-setting mechanism that responds to—

(I) specific intrastate needs for geologic map information; and

(II) interstate needs shared by adjacent States that have common requirements; and

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

(D) a mechanism for adopting scientific and technical mapping standards for preparing and publishing general- and special-purpose geologic maps to—

(i) ensure uniformity of cartographic and scientific conventions; and

(ii) provide a basis for assessing the comparability and quality of map products; and

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

(Pub. L. 102–285, §6, as added Pub. L. 106–148, §6, Dec. 9, 1999, 113 Stat. 1722.)

Editorial Notes

Prior Provisions

A prior section 31e, Pub. L. 102–285, §6, May 18, 1992, 106 Stat. 170; Pub. L. 105–36, §3(d), Aug. 5, 1997, 111 Stat. 1110, provided for the preparation of a geologic mapping program implementation plan, prior to repeal by Pub. L. 106–148, §6, Dec. 9, 1999, 113 Stat. 1722.
43 U.S.C. § 1341 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter III: OUTER CONTINENTAL SHELF LANDS / Section 1341: Reservation of lands and rights
Reservation of lands and rights
Status: in_force

(a) Withdrawal of unleased lands by President

The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.

(b) First refusal of mineral purchases

In time of war, or when the President shall so prescribe, the United States shall have the right of first refusal to purchase at the market price all or any portion of any mineral produced from the outer Continental Shelf.

(c) National security clause

All leases issued under this subchapter, and leases, the maintenance and operation of which are authorized under this subchapter, shall contain or be construed to contain a provision whereby authority is vested in the Secretary, upon a recommendation of the Secretary of Defense, during a state of war or national emergency declared by the Congress or the President of the United States after August 7, 1953, to suspend operations under any lease; and all such leases shall contain or be construed to contain provisions for the payment of just compensation to the lessee whose operations are thus suspended.

(d) National defense areas; suspension of operations; extension of leases

The United States reserves and retains the right to designate by and through the Secretary of Defense, with the approval of the President, as areas restricted from exploration and operation that part of the outer Continental Shelf needed for national defense; and so long as such designation remains in effect no exploration or operations may be conducted on any part of the surface of such area except with the concurrence of the Secretary of Defense; and if operations or production under any lease theretofore issued on lands within any such restricted area shall be suspended, any payment of rentals, minimum royalty, and royalty prescribed by such lease likewise shall be suspended during such period of suspension of operation and production, and the term of such lease shall be extended by adding thereto any such suspension period, and the United States shall be liable to the lessee for such compensation as is required to be paid under the Constitution of the United States.

(e) Source materials essential to production of fissionable materials

All uranium, thorium, and all other materials determined pursuant to paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the subsoil or seabed of the outer Continental Shelf are reserved for the use of the United States.

(f) Helium ownership; rules and regulations governing extraction

The United States reserves and retains the ownership of and the right to extract all helium, under such rules and regulations as shall be prescribed by the Secretary, contained in gas produced from any portion of the outer Continental Shelf which may be subject to any lease maintained or granted pursuant to this subchapter, but the helium shall be extracted from such gas so as to cause no substantial delay in the delivery of gas produced to the purchaser of such gas.

(Aug. 7, 1953, ch. 345, §12, 67 Stat. 469.)

Editorial Notes

References in Text

Paragraph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as amended, referred to in subsec. (e), is par. (1) of section 5(b) of act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified to section 1805 of Title 42, The Public Health and Welfare, prior to the general amendment of the Atomic Energy Act of 1946 by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919. See section 2014(z) of Title 42.

Executive Documents

Key Largo Coral Reef Preserve

Withdrawal of area designated Key Largo Coral Reef Preserve from disposition, see Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, set out as a note under section 320101 of Title 54, National Park Service and Related Programs.
43 U.S.C. § 616t (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XLI: BAKER PROJECT, OREGON / Section 616t: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 616t, Pub. L. 87–706, §1, Sept. 27, 1962, 76 Stat. 634, authorized construction, operation, and maintenance of Baker project, Oregon.

Section 616u, Pub. L. 87–706, §2, Sept. 27, 1962, 76 Stat. 634, related to extension of period of repayment of construction costs, excess lands and conditions for furnishing water to these lands, and computation of acreage.

Section 616v, Pub. L. 87–706, §3, Sept. 27, 1962, 76 Stat. 634, related to construction, operation, and maintenance of public recreational facilities and development of fish and wildlife in connection with this project and operation of this project for flood control.

Section 616w, Pub. L. 87–706, §4, Sept. 27, 1962, 76 Stat. 635, authorized appropriations for this project.
43 U.S.C. § 2507 (2024) — Title 43: PUBLIC LANDS / Chapter 43: SUSPENDED ENTRIES AND CLAIMS; PATENTS / Section 2507: Entries and final proofs, made out of proper district, confirmed
Entries and final proofs, made out of proper district, confirmed
Status: in_force

Whenever it shall appear to the Secretary of the Interior, or such officer as he may designate, that an error was made prior to March 9, 1904, by the officers of any local land office in receiving any application, declaratory statement, entry, or final proof under the homestead or other land laws, and that there was no fraud practiced by the entryman, and that there are no prior adverse claimants to the land described in the entry, and that no other reason why the title should not vest in the entryman exists, except that said application, declaratory statement, entry, or proof was not made within the land district in which the lands applied for were situated, as provided by the Act of March 11, 1902, such entry or proof shall be confirmed.

(Mar. 9, 1904, ch. 503, §1, 33 Stat. 64; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

References in Text

Act of March 11, 1902, referred to in text, probably means act Mar. 11, 1902, ch. 182, 32 Stat. 63, which was classified to section 254 of this title, prior to repeal by Pub. L. 94–579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 1167 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Act Mar. 9, 1904, ch. 503, §2, 33 Stat. 64, provided: "That this Act [enacting this section] shall be in force from and after its passage and approval."

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.

"Secretary of the Interior, or such officer as he may designate," substituted for "Commissioner of the General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 1473a (2024) — Title 43: PUBLIC LANDS / Chapter 31: DEPARTMENT OF THE INTERIOR / Section 1473a: Acceptance of contributions by Secretary; cooperation with prosecution of projects
Acceptance of contributions by Secretary; cooperation with prosecution of projects
Status: in_force

The Secretary is authorized to accept lands, buildings, equipment, other contributions and, before, on, and after November 13, 1991, fees to be deposited in the contributed funds account from public and private sources, and to prosecute projects using such contributions and fees in cooperation with other Federal, State or private agencies.

(Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1002.)

Editorial Notes

Codification

Text of section is based on language in appropriations act related to the Bureau of Mines.

In text, "before, on, and after November 13, 1991," substituted for "heretofore and hereafter".

Statutory Notes and Related Subsidiaries

Similar Provisions

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

Pub. L. 104–134, title I, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–168; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2509.

Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1389.

Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1386.

Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1927.
43 U.S.C. § 959 (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 959: Rights of way for electrical plants, etc.
Rights of way for electrical plants, etc.
Status: in_force

That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Provided, That such permits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the Department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the provisions of title sixty-five of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain: And provided further, That any permission given by the Secretary of the Interior under the provisions of this Act may be revoked by him or his successor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park.

(Feb. 15, 1901, ch. 372, 31 Stat. 790; Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272.)

Editorial Notes

References in Text

Title sixty-five of the Revised Statutes of the United States, and amendments thereto, referred to in text, which consisted of R.S. §§5263 to 5269, was classified to sections 1 to 6 and 8 of Title 47, Telecommunications, and was repealed by act July 16, 1947, ch. 256, §1, 61 Stat. 327.

This Act, referred to in text, is act Feb. 15, 1901, ch. 372, 31 Stat. 790. For complete classification of this Act to the Code, see Tables.

Codification

Act Feb. 15, 1901, ch. 372, 31 Stat. 790, was also classified to sections 79 and 522 of Title 16, Conservation, which have been omitted from the Code.

Statutory Notes and Related Subsidiaries

General Grant National Park Abolished

Act Mar. 4, 1940, ch. 40, §2, 54 Stat. 43, which is classified to section 80a of Title 16, Conservation, abolished the General Grant National Park and added the lands to the Kings Canyon National Park as the General Grant grove section.

Repeals

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. For definition of "public lands" for purposes of Pub. L. 94–579, see section 1702(e) of this title.

Section repealed by Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, insofar as applicable to units of the National Park System. See section 100902(a) of Title 54, National Park Service and Related Programs.

Savings Provision

Repeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 1861 (2024) — Title 43: PUBLIC LANDS / Chapter 36: OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT / Subchapter III: MISCELLANEOUS PROVISIONS / Section 1861: Repealed. Pub. L. 99-367, §2(b), July 31, 1986, 100 Stat. 774
Repealed. Pub. L. 99-367, §2(b), July 31, 1986, 100 Stat. 774
Status: repealed

Section, Pub. L. 95–372, title VI, §601, Sept. 18, 1978, 92 Stat. 693, required Secretary of the Interior, within six months of Sept. 18, 1978, and in his annual report thereafter, to report to Comptroller General on shut-in and flaring oil and gas wells and required Comptroller General, within six months after receipt of report, to review and evaluate methodology used by Secretary in allowing wells to be shut-in or flare natural gas and submit his findings and recommendations to Congress.
43 U.S.C. § 1211 (2024) — Title 43: PUBLIC LANDS / Chapter 28: MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS / Subchapter X: OATHS IN CERTAIN LAND MATTERS / Section 1211: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 1211 was editorially reclassified as section 1476 of this title.
43 U.S.C. § 509a (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XI: MAINTENANCE AND OPERATION OF WORKS GENERALLY / Section 509a: Project beneficiaries
Project beneficiaries
Status: in_force

(a) Notice of modification

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

(1) describing the need for the modification and the process for identifying and implementing the modification; and

(2) summarizing the administrative and legal requirements relating to the modification.

(b) Consultation

The Secretary shall—

(1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and

(2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1).

(c) Alternatives

(1) Prior to submitting the reports required under section 509 of this title, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification.

(2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation.

(3) The response of the Secretary shall be included in the reports required by section 509 of this title.

(d) Waiver

The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security.

(Pub. L. 95–578, §5A, as added Pub. L. 108–439, §2(b), Dec. 3, 2004, 118 Stat. 2627.)
43 U.S.C. § 1634 (2024) — Title 43: PUBLIC LANDS / Chapter 33A: IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND ALASKA STATEHOOD / Section 1634: Alaska Native allotments
Alaska Native allotments
Status: in_force

(a) Approval of applications for certain lands; lands containing coal, oil, or gas; nonmineral lands; lands within National Park System; protests; voluntary relinquishment of application

(1)(A) Subject to valid existing rights, all Alaska Native allotment applications made pursuant to the Act of May 17, 1906 (34 Stat. 197, as amended) which were pending before the Department of the Interior on or before December 18, 1971, and which describe either land that was unreserved on December 13, 1968, or land within the National Petroleum Reserve—Alaska (then identified as Naval Petroleum Reserve No. 4) or within Fort Davis (except as provided in subparagraph (B)) are hereby approved on the one hundred and eightieth day following December 2, 1980, except where provided otherwise by paragraph (3), (4), (5), or (6) of this subsection, or where the land description of the allotment must be adjusted pursuant to subsection (b) of this section, in which cases approval pursuant to the terms of this subsection shall be effective at the time the adjustment becomes final. The Secretary shall cause allotments approved pursuant to this section to be surveyed and shall issue trust certificates therefor.

(B) The land referred to in subparagraph (A) with respect to Fort Davis—

(i) shall be restricted to—

(I) the allotment applications named in the decision published at 96 IBLA 42 (1987) and to the acreage involved in those applications; or

(II) the heirs of an applicant who made an application described in subclause (I); and

(ii) shall be subject to valid existing rights and an easement for the Iditarod National Historic Trail established by section 1244(a)(7) of title 16, but pending final determination of the trail's location, the easement shall be located on an interim basis by the Secretary, in consultation with the Iditarod Historic Trail Advisory Council.

(2) All applications approved pursuant to this section shall be subject to the provisions of the Act of March 8, 1922 (43 U.S.C. 270–11) [43 U.S.C. 270–11 to 270–13].1

(3) When on or before the one hundred and eightieth day following December 2, 1980, the Secretary determines by notice or decision that the land described in an allotment application may be valuable for minerals, excluding oil, gas, or coal, the allotment application shall be adjudicated pursuant to the provision of the Act of May 17, 1906, as amended, requiring that land allotted under said Act be nonmineral: Provided, That "nonmineral", as that term is used in such Act, is defined to include land valuable for deposits of sand or gravel.

(4) Where an allotment application describes land within the boundaries of a unit of the National Park System established on or before December 2, 1980, and the described land was not withdrawn pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(1)], or where an allotment application describes land which has been patented or deeded to the State of Alaska or which on or before December 18, 1971, was validly selected by or tentatively approved or confirmed to the State of Alaska pursuant to the Alaska Statehood Act and was not withdrawn pursuant to section 11(a)(1)(A) of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(1)(A)] from those lands made available for selection by section 11(a)(2) of the Act [43 U.S.C. 1610(a)(2)] by any Native Village certified as eligible pursuant to section 11(b) of such Act [43 U.S.C. 1610(b)], paragraph (1) of this subsection and subsection (d) of this section shall not apply and the application shall be adjudicated pursuant to the requirements of the Act of May 17, 1906, as amended, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and other applicable law.

(5) Paragraph (1) of this subsection and subsection (d) shall not apply and the Native allotment application shall be adjudicated pursuant to the requirements of the Act of May 17, 1906, as amended, if on or before the one hundred and eightieth day following December 2, 1980—

(A) A Native Corporation files a protest with the Secretary stating that the applicant is not entitled to the land described in the allotment application, and said land is withdrawn for selection by the Corporation pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; or

(B) The State of Alaska files a protest with the Secretary stating that the land described in the allotment application is necessary for access to lands owned by the United States, the State of Alaska, or a political subdivision of the State of Alaska, to resources located thereon, or to a public body of water regularly employed for transportation purposes, and the protest states with specificity the facts upon which the conclusions concerning access are based and that no reasonable alternatives for access exist; or

(C) A person or entity files a protest with the Secretary stating that the applicant is not entitled to the land described in the allotment application and that said land is the situs of improvements claimed by the person or entity.

(6) Paragraph (1) of this subsection and subsection (d) shall not apply to any application pending before the Department of the Interior on or before December 18, 1971, which was knowingly and voluntarily relinquished by the applicant thereafter.

(7) Paragraph (1) of this subsection and subsection (d) shall apply, and paragraph (5) of this subsection shall cease to apply, to an application—

(A) that is open and pending on October 31, 1998;

(B) if the lands described in the application are in Federal ownership other than as a result of reacquisition by the United States after January 3, 1959; and

(C) if any protest which is filed by the State of Alaska pursuant to paragraph (5)(B) with respect to the application is withdrawn or dismissed either before, on, or after October 31, 1998.

(8)(A) Any allotment application which is open and pending and which is legislatively approved by enactment of paragraph (7) shall, when allotted, be made subject to any easement, trail, or right-of-way in existence on the date of the Native allotment applicant's commencement of use and occupancy.

(B) The jurisdiction of the Secretary is extended to make any factual determinations required to carry out this paragraph.

(b) Conflicting land descriptions in applications; adjustments; reductions

Where a conflict between two or more allotment applications exists due to overlapping land descriptions, the Secretary shall adjust the descriptions to eliminate conflicts, and in so doing, consistent with other existing rights, if any, may expand or alter the applied-for allotment boundaries or increase or decrease acreage in one or more of the allotment applications to achieve an adjustment which, to the extent practicable, is consistent with prior use of the allotted land and is beneficial to the affected parties: Provided, That the Secretary shall, to the extent feasible, implement an adjustment proposed by the affected parties: Provided further, That the Secretary's decision concerning adjustment of conflicting land descriptions shall be final and unreviewable in all cases in which the reduction, if any, of the affected allottee's claim is less than 30 percent of the acreage contained in the parcel originally described and the adjustment does not exclude from the allotment improvements claimed by the allottee: Provided further, That where an allotment application describes more than one hundred and sixty acres, the Secretary shall at any time prior to or during survey reduce the acreage to one hundred and sixty acres and shall attempt to accomplish said reduction in the manner least detrimental to the applicant.

(c) Amendment of land description in application; notification; protest; adoption of final plan of survey

An allotment applicant may amend the land description contained in his or her application if said description designates land other than that which the applicant intended to claim at the time of application and if the description as amended describes the land originally intended to be claimed. If the allotment application is amended, this section shall operate to approve the application or to require its adjudication, as the case may be, with reference to the amended land description only: Provided, That the Secretary shall notify the State of Alaska and all interested parties, as shown by the records of the Department of the Interior, of the intended correction of the allotment's location, and any such party shall have until the one hundred and eightieth day following December 2, 1980, or sixty days following mailing of the notice, whichever is later, to file with the Department of the Interior a protest as provided in subsection (a)(5) of this section, which protest, if timely, shall be deemed filed within one hundred and eighty days of December 2, 1980, notwithstanding the actual date of filing: Provided further, That the Secretary may require that all allotment applications designating land in a specified area be amended, if at all, prior to a date certain, which date shall be calculated to allow for orderly adoption of a plan of survey for the specified area, and the Secretary shall mail notification of the final date for amendment to each affected allotment applicant, and shall provide such other notice as the Secretary deems appropriate, at least sixty days prior to said date: Provided further, That no allotment application may be amended for location following adoption of a final plan of survey which includes the location of the allotment as described in the application or its location as desired by amendment.

(d) Powersites and power projects

Where the land described in an allotment application pending before the Department of the Interior on or before December 18, 1971 (or such an application as adjusted or amended pursuant to subsection (b) or (c) of this section), was on that date withdrawn, reserved, or classified for powersite or power-project purposes, notwithstanding such withdrawal, reservation, or classification the described land shall be deemed vacant, unappropriated, and unreserved within the meaning of the Act of May 17, 1906, as amended, and, as such, shall be subject to adjudication or approval pursuant to the terms of this section: Provided, however, That if the described land is included as part of a project licensed under part I of the Federal Power Act of June 10, 1920 (41 Stat. 24), as amended [16 U.S.C. 791a et seq.], or is presently utilized for purposes of generating or transmitting electrical power or for any other project authorized by Act of Congress, the foregoing provision shall not apply and the allotment application shall be adjudicated pursuant to the Act of May 17, 1906, as amended: Provided further, That where the allotment applicant commenced use of the land after its withdrawal or classification for powersite purposes, the allotment shall be made subject to the right of reentry provided the United States by section 24 of the Federal Power Act, as amended [16 U.S.C. 818]: Provided further, That any right of reentry reserved in a certificate of allotment pursuant to this section shall expire twenty years after December 2, 1980, if at that time the allotted land is not subject to a license or an application for a license under part I of the Federal Power Act, as amended [16 U.S.C. 791a et seq.], or actually utilized or being developed for a purpose authorized by that Act, as amended [16 U.S.C. 791a et seq.], or other Act of Congress.

(e) Validity of existing rights; rights acquired by actual use and national forest lands unaffected

Prior to issuing a certificate for an allotment subject to this section, the Secretary shall identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the Alaska Statehood Act, or the Act of May 17, 1906, as amended, which entry or application claims land also described in the allotment application, and shall determine whether such entry or application represents a valid existing right to which the allotment application is subject. Nothing in this section shall be construed to affect rights, if any, acquired by actual use of the described land prior to its withdrawal or classification, or as affecting national forest lands.

(f) Reinstatement

(1)(A) Notwithstanding paragraphs (1) and (6) of subsection (a), and subject to subparagraph (B), each Alaska Native allotment application made pursuant to the Act entitled "An Act authorizing the Secretary of the Interior to allot homesteads to the natives of Alaska", approved May 17, 1906 (34 Stat. 197), that—

(i) was pending before the Department of the Interior on or before December 18, 1971; and

(ii) describes lands within the National Petroleum Reserve-Alaska that have been selected, interim conveyed, or patented to a Village Corporation or Regional Corporation,

is reinstated only for the purpose of this section, subject to this section.

(B) The reinstatement under subparagraph (A) shall be carried out regardless of whether the application was—

(i) relinquished by the applicant; or

(ii) denied by the Department of the Interior, if the denial was based solely on the grounds that land within the National Petroleum Reserve-Alaska was unavailable.

(2)(A) To the extent that the application describes lands (or any interest in the lands) that have been selected, interim conveyed, or patented to a Village Corporation or Regional Corporation, the Secretary is authorized to accept from the Village Corporation or Regional Corporation the reconveyance or relinquishment of the lands (or any interest in the lands).

(B)(i) To the extent that the application describes lands (or any interest in the lands) that a Village Corporation is not willing to reconvey or relinquish pursuant to subparagraph (A), the applicant may relinquish any claim to any portion of the lands (or any interest in the lands) or may, with the consent of the affected Village Corporation, amend the application to exclude the lands and include in lieu thereof a description of lands selected by, interim conveyed to, or patented to the Village Corporation of an acreage that is not to exceed the amount of land relinquished.

(ii) The Secretary is authorized to accept the reconveyance or relinquishment of the lands (or any interest in the lands) described in the amended application from the Village Corporation or Regional Corporation in lieu of the lands (or any interest in the lands) described in the initial application.

(C) If a Village Corporation or Regional Corporation reconveys lands (or any interest in the lands) to the United States under subparagraph (A) or (B), the Secretary shall reduce the acreage charged against the entitlement of the Village Corporation or Regional Corporation.

(D) The authority of the Secretary to accept the reconveyance or relinquishment of lands (or any interest in the lands) under this paragraph shall terminate on the date that is 6 years after October 14, 1992.

(3)(A) Subject to any valid existing rights, to the extent that the application describes lands that are authorized to be reconveyed or relinquished to the United States under paragraph (2), the Village Corporation shall file with the Secretary, not later than 3 years after October 14, 1992, the name of the applicant and the land description of each allotment proposed to be reconveyed or relinquished.

(B) Upon receipt of the land description, the Secretary shall immediately notify the State of Alaska and all interested parties of the land description proposed to be reconveyed or relinquished, and any such party shall have 60 days following notification in which to file with the Department of the Interior a protest as provided in subsection (a)(5).

(C) The Secretary shall then either—

(i) if no protest is filed, approve the application; or

(ii) if a protest is filed, adjudicate the legal sufficiency of any protest timely filed; and—

(I) if the protest is legally insufficient, approve the application; or

(II) if the protest is valid, issue a decision that closes the application and that is final for the Department.

(D) The Secretary shall, with respect to each allotment approved pursuant to this subsection—

(i) survey the allotment; and

(ii) following reconveyance or relinquishment, issue a Native allotment certificate to the applicant or heirs of the applicant.

(4)(A) To the extent a Village Corporation or a Regional Corporation reconveys lands (or any interest in the lands) to the United States pursuant to paragraph (2) and the conveyance results in a reduction in the acreage charged against the entitlement of the Village Corporation or Regional Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Village Corporation or Regional Corporation shall be entitled to make selections in lieu of the reconveyed lands (or any interest in the lands).

(B)(i) The quantity of acreage of the surface estate reconveyed pursuant to paragraph (2) shall be added to the quantity of acreage of underselection, if any, for the Village Corporation. The Secretary shall provide for the selection of lands for replacement in accordance with the procedures for withdrawals and selections under section 22(j)(2) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)(2)).

(ii)(I) A Village Corporation described in clause (i) shall be entitled to select lands for replacement from the lands that have been withdrawn for selection by the Village Corporation pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1610(a)(1)).

(II) In any case in which the lands described in subclause (I) are no longer in Federal ownership and the Village Corporation is entitled to make a selection pursuant to this subparagraph, the Secretary shall withdraw, and the Village Corporation shall select, Federal lands that are compact and contiguous with lands previously conveyed to the Village Corporation.

(C) Lands (or any interests in the lands) in the replacement of lands (or interests in the lands) reconveyed by the Regional Corporation to the United States under this subsection shall be selected by the Regional Corporation from lands that are—

(i) compact and contiguous with other lands previously conveyed to the Regional Corporation within the National Petroleum Reserve-Alaska; and

(ii) beneath the surface estate of lands selected and conveyed to a Village Corporation.

(D) The Secretary shall convey the lands selected pursuant to this paragraph in accordance with this subsection.

(5)(A) Each Native allotment certificate issued to an applicant or the heirs of the applicant pursuant to paragraph (3) shall be subject to any existing easement or other right that had been reserved, conveyed, transferred, or recognized by the United States prior to the issuance of the certificate.

(B) Each conveyance by the Secretary to any applicant or to the heirs of the applicant under this subsection shall reserve to the United States—

(i) except as provided in subparagraph (C), all interests in oil, gas, and coal in the conveyed lands, and the right of the United States, or a lessee or assignee of the United States, to enter on lands conveyed to the applicant or to the heirs of the applicant, to drill, explore, mine, produce, and remove the oil, gas, or coal; and

(ii) all other rights reasonably incident to the mineral reservations described in clause (i).

(C)(i) If the oil, gas, or coal described in subparagraph (B)(i) was previously conveyed to the Regional Corporation and the Regional Corporation reserves those interests in a reconveyance to the United States, the Secretary shall reserve from the reconveyance to the applicant or to the heirs of the applicant for the benefit of the Regional Corporation the same rights and privileges that would have been reserved for the United States.

(ii) With respect to a reconveyance of lands (or any interest in the lands) by the Regional Corporation to the United States that does not convey the entire mineral estate, the Regional Corporation shall not be entitled—

(I) to a reduction of the acreage charged against the entitlement under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or

(II) to select mineral interests to replace the acreage.

(6) The United States shall not be subject to liability for the presence of any hazardous substance in land or an interest in land solely as a result of any reconveyance to and transfer by the United States of the land or interest pursuant to this subsection.

(Pub. L. 96–487, title IX, §905, Dec. 2, 1980, 94 Stat. 2435; Pub. L. 102–415, §§2, 12, Oct. 14, 1992, 106 Stat. 2112, 2115; Pub. L. 105–333, §9, Oct. 31, 1998, 112 Stat. 3134.)

Editorial Notes

References in Text

Act of March 8, 1922 (43 U.S.C. 270–11), referred to in subsec. (a)(2), is act Mar. 8, 1922, ch. 96, 42 Stat. 415, which enacted sections 270–11 to 270–13 of this title. Sections 270–11 and 270–13 of this title were repealed by Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789. For complete classification of this Act to the Code, see Tables.

Act of May 17, 1906, as amended, referred to in subsecs. (a)(3), (4), (5), (d), (e), and (f)(1)(A), is act May 17, 1906, ch. 2469, 34 Stat. 197, as amended, which was classified to sections 270–1 to 270–3 of this title prior to its repeal by Pub. L. 92–203, §18(a), Dec. 18, 1971, 85 Stat. 710.

The Alaska Statehood Act, referred to in subsecs. (a)(4) and (e), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.

The Alaska Native Claims Settlement Act, referred to in subsecs. (a)(4), (5)(A), (e), and (f)(4)(A), (5)(C)(ii)(I), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

That Act, as amended, referred to in subsec. (d), is the Federal Power Act, act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§791a et seq.) of Title 16, Conservation. Part I of the Federal Power Act of June 10, 1920, as amended, is classified generally to subchapter I (§791a et seq.) of chapter 12 of Title 16. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.

Codification

In subsecs. (a)(1), (3)–(5), (c), and (d), "December 2, 1980" substituted for "the effective date of this Act", which probably meant the date of enactment of Pub. L. 96–487.

Amendments

1998—Subsec. (a)(7), (8). Pub. L. 105–333 added pars. (7) and (8).

1992—Subsec. (a)(1). Pub. L. 102–415, §2, designated existing provisions as subpar. (A), inserted "or within Fort Davis (except as provided in subparagraph (B))" after "Naval Petroleum Reserve No. 4)", and added subpar. (B).

Subsec. (f). Pub. L. 102–415, §12, added subsec. (f).

1 See References in Text note below.
43 U.S.C. § 1578 (2024) — Title 43: PUBLIC LANDS / Chapter 32A: COLORADO RIVER BASIN SALINITY CONTROL / Subchapter I: PROGRAMS DOWNSTREAM FROM IMPERIAL DAM / Section 1578: Authorization of appropriations
Authorization of appropriations
Status: in_force

There is hereby authorized to be appropriated the sum of $356,400,000 for the construction of the works and accomplishment of the purposes authorized in sections 1571, 1572, 1573, and 1579 of this title, of which $3,579,000 is authorized for mitigation of fish and wildlife losses associated with replacement of the Coachella Canal in California, and $6,960,000 is authorized for mitigation of fish and wildlife losses associated with the Desalting Complex Unit and the Protective and Regulatory Pumping Unit in Arizona, based on January 1979, prices plus or minus such amounts as may be justified by reason of ordinary fluctuation in construction costs involved therein, and such sums as may be required to operate and maintain such works and to provide for such modifications as may be made pursuant to section 1574 of this title. In order to provide for the utilization of significant improvements in desalinization technologies which may have been developed since the Bureau's evaluation, the Secretary is directed to evaluate such cost effective improvements and implement such improved designs into the plant operations when the evaluation indicates that cost savings will result: Provided, however, That no more than five percent of the amount authorized to be appropriated is used for these purposes. There is further authorized to be appropriated such sums as may be necessary to pay condemnation awards in excess of appraised values and to cover costs required in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].

(Pub. L. 93–320, title I, §109, formerly §108, June 24, 1974, 88 Stat. 270; renumbered §109 and amended Pub. L. 96–336, §§4, 5, Sept. 4, 1980, 94 Stat. 1064.)

Editorial Notes

References in Text

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in text, is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.

Amendments

1980—Pub. L. 96–336, §5, substituted appropriations authorization of $356,400,000 to carry out sections 1571, 1572, 1573, and 1579 of this title for prior authorizations of $121,500,000 and $34,000,000 for purposes of sections 1571 and 1572, and 1573 of this title, and use of January 1979 for April 1973 price basis, authorized sums of $3,579,000 and $6,960,000 for mitigation of fish and wildlife losses in California and Arizona, and provided for cost savings desalinization plant operations limited to five percent of appropriations authorization.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–336, §5, Sept. 4, 1980, 94 Stat. 1064, provided that the amendment made by section 5 is effective Oct. 1, 1979.
43 U.S.C. § 992 (2024) — Title 43: PUBLIC LANDS / Chapter 23: GRANTS OF SWAMP AND OVERFLOWED LANDS / Section 992: Sale of erroneously designated water-covered areas in Arkansas
Sale of erroneously designated water-covered areas in Arkansas
Status: in_force

The Secretary of the Interior, in his judgment and discretion, is authorized to sell, in the manner hereinafter provided in this section, any of those public lands situated in the State of Arkansas which were originally erroneously meandered and shown upon the official plats as water-covered areas, and which are not lawfully appropriated by a qualified settler or entryman claiming under the public land laws.

Any citizen of the United States who in good faith under color of title or claiming as a riparian owner, prior to September 21, 1922, placed valuable improvements upon or reduced to cultivation any of the lands subject to the operation of this section, shall have a preferred right to file in the office of the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated, an application to purchase the lands thus improved by them at any time within ninety days from September 21, 1922, if the lands have been surveyed and plats filed in the United States land office; otherwise within ninety days from the filing of such plats. Every such application must be accompanied with satisfactory proof that the applicant is entitled to such preference right and that the lands which he applies to purchase are not in the legal possession of an adverse claimant.

Upon the filing of an application to purchase any lands subject to the operation of this section, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement thereof for agricultural purposes by the applicant or his predecessor in interest, but inclusive of the stumpage value of any timber cut or removed by the applicant or his predecessor in interest.

An applicant who applies to purchase lands under the provisions of this section, in order to be entitled to receive a patent must within thirty days from receipt of notice of appraisal by the Secretary of the Interior pay to the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated the appraised price of the lands, and thereupon a patent shall issue to said applicant for such lands as the Secretary of the Interior shall determine that such applicant is entitled to purchase under this section. The proceeds derived by the Government from the sale of lands hereunder shall be covered into the United States Treasury and applied as provided by law for the disposal of the proceeds from the sale of public lands.

The Secretary of the Interior is authorized to prescribe all necessary rules and regulations for administering the provisions of this section and determining conflicting claims arising hereunder.

(Sept. 21, 1922, ch. 362, §§1–5, 42 Stat. 992; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Executive Documents

Transfer of Functions

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

"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. § 617j (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter I: BOULDER CANYON PROJECT ACT / Section 617j: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Dec. 21, 1928, ch. 42, §11, 45 Stat. 1063, authorized Secretary of the Interior to make surveys and investigations to determine what lands in Arizona should be included in Parker-Gila Valley reclamation project and required him to make a report to Congress not later than Dec. 10, 1931.
43 U.S.C. § 316o (2024) — Title 43: PUBLIC LANDS / Chapter 8A: GRAZING LANDS / Subchapter II: ALASKA / Section 316o: Laws applicable
Laws applicable
Status: in_force

Laws now applicable to lands or resources in the Territory of Alaska shall continue in force and effect to the same extent and in the same manner after March 4, 1927, as before, and nothing in this subchapter shall preclude or prevent ingress or egress upon the lands in districts for any purpose authorized by any such law, including prospecting for and extraction of minerals.

(Mar. 4, 1927, ch. 513, §16, 44 Stat. 1455.)

Editorial Notes

Codification

Section was formerly classified to section 471o of Title 48, Territories and Insular Possessions.

Executive Documents

Admission of Alaska as State

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
43 U.S.C. § 619a (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter III: HOOVER DAM CONTRACTS AND FACILITIES / Section 619a: Renewal contracts for power
Renewal contracts for power
Status: in_force

(a) Offering of contracts by Secretary; total power obligation; conforming of regulations; contract expiration and restrictions

(1) The Secretary of Energy shall offer:

(A) To each contractor for power generated at Hoover Dam a contract for delivery commencing October 1, 2017, of the amount of capacity and firm energy specified for that contractor in the following table:

Schedule A
Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

ContractorContingent capacity (kW)Firm energy (thousands of kWh)

SummerWinterTotal

Metropolitan Water District of Southern California 
249,948
859,163
368,212
 1,227,375

City of Los Angeles 
495,732
464,108
199,175
663,283

Southern California Edison Company 
280,245
166,712
71,448
238,160

City of Glendale 
18,178
45,028
19,297
64,325

City of Pasadena 
11,108
38,622
16,553
55,175

City of Burbank 
5,176
14,070
6,030
20,100

Arizona Power Authority 
190,869
429,582
184,107
613,689

Colorado River Commission of Nevada 
190,869
429,582
184,107
613,689

United States, for Boulder City 
20,198
53,200
22,800
76,000

Totals
1,462,323
2,500,067
1,071,729
3,571,796

(B) To each existing contractor for power generated at Hoover Dam, a contract, for delivery commencing October 1, 2017, of the amount of contingent capacity and firm energy specified for that contractor in the following table:

Schedule B
Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

ContractorContingent capacity (kW)Firm energy (thousands of kWh)

SummerWinterTotal

City of Glendale 
2,020
2,749
1,194
3,943

City of Pasadena 
9,089
2,399
1,041
3,440

City of Burbank 
15,149
3,604
1,566
5,170

City of Anaheim 
40,396
34,442
14,958
49,400

City of Azusa 
4,039
3,312
1,438
4,750

City of Banning 
2,020
1,324
576
1,900

City of Colton 
3,030
2,650
1,150
3,800

City of Riverside 
30,296
25,831
11,219
37,050

City of Vernon 
22,218
18,546
8,054
26,600

Arizona 
189,860
140,600
60,800
201,400

Nevada 
189,860
273,600
117,800
391,400

Totals
507,977
509,057
219,796
728,853

(C) To the Arizona Power Authority and the Colorado River Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act [43 U.S.C. 617d], contracts for delivery commencing October 1, 2017, of such energy generated at Hoover Dam as is available respectively to the States of Arizona, Nevada, and California in excess of 4,501.001 million kilowatthours in any year of operation (hereinafter called excess energy) in accordance with the following table:

Schedule C
Excess Energy

Priority of entitlement to excess energyState

First: Meeting Arizona's first priority right to delivery of excess energy which is equal in each year of operation to 200 million kilowatthours: Provided, That in the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kilowatthours, inclusive of the current year's 200 million kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year for each year excess energy in an amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered
Arizona

Second: Meeting Hoover Dam contractual obligations under Schedule A of subsection (a)(1)(A), under Schedule B of subsection (a)(1)(B), and under Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of operation
Arizona, Nevada, and California

Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States
Arizona, Nevada, and California

(2)(A) The Secretary of Energy is authorized to and shall create from the apportioned allocation of contingent capacity and firm energy adjusted from the amounts authorized in this subchapter in 1984 to the amounts shown in Schedule A and Schedule B, as modified by the Hoover Power Allocation Act of 2011, a resource pool equal to 5 percent of the full rated capacity of 2,074,000 kilowatts, and associated firm energy, as shown in Schedule D (referred to in this section as "Schedule D contingent capacity and firm energy"):

Schedule D
Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees

StateContingent capacity (kW)Firm energy (thousands of kWh)

SummerWinterTotal

New Entities Allocated by the Secretary of Energy 
69,170
105,637
45,376
151,013

New Entities Allocated by State

Arizona
11,510
17,580
7,533
25,113

California
11,510
17,580
7,533
25,113

Nevada
11,510
17,580
7,533
25,113

Totals
103,700
158,377
67,975
226,352

(B) The Secretary of Energy shall offer Schedule D contingency capacity and firm energy to entities not receiving contingent capacity and firm energy under subparagraphs (A) and (B) of paragraph (1) (referred to in this section as "new allottees") for delivery commencing October 1, 2017 pursuant to this subsection. In this subsection, the term "the marketing area for the Boulder City Area Projects" shall have the same meaning as in appendix A of the Conformed General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects published in the Federal Register on December 28, 1984 (49 Federal Register 50582 et seq.) (referred to in this section as the "Criteria").

(C)(i) Within 36 months of December 20, 2011, the Secretary of Energy shall allocate through the Western Area Power Administration (referred to in this section as "Western"), for delivery commencing October 1, 2017, for use in the marketing area for the Boulder City Area Projects 66.7 percent of the Schedule D contingent capacity and firm energy to new allottees that are located within the marketing area for the Boulder City Area Projects and that are—

(I) eligible to enter into contracts under section 5 of the Boulder Canyon Project Act (43 U.S.C. 617d); or

(II) federally recognized Indian tribes.

(ii) In the case of Arizona and Nevada, Schedule D contingent capacity and firm energy for new allottees other than federally recognized Indian tribes shall be offered through the Arizona Power Authority and the Colorado River Commission of Nevada, respectively. Schedule D contingent capacity and firm energy allocated to federally recognized Indian tribes shall be contracted for directly with Western.

(D) Within 1 year of December 20, 2011, the Secretary of Energy also shall allocate, for delivery commencing October 1, 2017, for use in the marketing area for the Boulder City Area Projects 11.1 percent of the Schedule D contingent capacity and firm energy to each of—

(i) the Arizona Power Authority for allocation to new allottees in the State of Arizona;

(ii) the Colorado River Commission of Nevada for allocation to new allottees in the State of Nevada; and

(iii) Western for allocation to new allottees within the State of California, provided that Western shall have 36 months to complete such allocation.

(E) Each contract offered pursuant to this subsection shall include a provision requiring the new allottee to pay a proportionate share of its State's respective contribution (determined in accordance with each State's applicable funding agreement) to the cost of the Lower Colorado River Multi-Species Conservation Program (as defined in section 9401 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1327)), and to execute the Boulder Canyon Project Implementation Agreement Contract No. 95–PAO–⁠10616 (referred to in this section as the "Implementation Agreement").

(F) Any of the 66.7 percent of Schedule D contingent capacity and firm energy that is to be allocated by Western that is not allocated and placed under contract by October 1, 2017, shall be returned to those contractors shown in Schedule A and Schedule B in the same proportion as those contractors' allocations of Schedule A and Schedule B contingent capacity and firm energy. Any of the 33.3 percent of Schedule D contingent capacity and firm energy that is to be distributed within the States of Arizona, Nevada, and California that is not allocated and placed under contract by October 1, 2017, shall be returned to the Schedule A and Schedule B contractors within the State in which the Schedule D contingent capacity and firm energy were to be distributed, in the same proportion as those contractors' allocations of Schedule A and Schedule B contingent capacity and firm energy.

(3) The total obligation of the Secretary of Energy to deliver firm energy pursuant to paragraphs (1)(A), (1)(B), and (2) is 4,527.001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in each year of operation (less deliveries thereof to Arizona required by its first priority under Schedule C of subsection (a)(1)(C) whenever actual generation in each year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said 1 Schedules A, B, and D in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules bears to 4,527.001 million kilowatthours. At the request of any such contractor, the Secretary of Energy will purchase energy to meet that contractor's deficiency at such contractor's expense.

(4) Subdivision C of the Criteria shall be deemed to have been modified to conform to this section, as modified by the Hoover Power Allocation Act of 2011. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of the regulations to such modifications.

(5) Each contract offered under subsection (a)(1) of this section shall:

(A) in accordance with section 5(a) of the Boulder Canyon Project Act (43 U.S.C. 617d(a)), expire September 30, 2067;

(B) not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern California may be placed within the State of California: Provided, That to the extent practicable and consistent with sound water management and conservation practice, the Metropolitan Water District of Southern California shall allocate such capacity and energy to pump available Colorado River water prior to using such capacity and energy to pump California State water project water;

(C) conform to the applicable provisions of subdivison 2 E of the Criteria, commencing at 48 Federal Register 20881, modified as provided in this section. To the extent that said provisions of the Criteria, as so modified, are applicable to contracts entered into under this section, those provisions are hereby ratified;

(D) authorize and require Western to collect from new allottees a pro rata share of Hoover Dam repayable advances paid for by contractors prior to October 1, 2017, and remit such amounts to the contractors that paid such advances in proportion to the amounts paid by such contractors as specified in section 6.4 of the Implementation Agreement;

(E) permit transactions with an independent system operator; and

(F) contain the same material terms included in section 5.6 of those long-term contracts for purchases from the Hoover Power Plant that were made in accordance with this subchapter and are in existence on December 20, 2011.

(b) Prejudice of rights of contract holders under Boulder Canyon Project Act

Nothing in the Criteria shall be construed to prejudice any rights conferred by the Boulder Canyon Project Act, as amended and supplemented [43 U.S.C. 617 et seq.], on the holder of a contract described in subsection (a) of this section not in default thereunder on September 30, 2067.

(c) Offer of contract to other entities

If any existing contractor fails to accept an offered contract, the Secretary of Energy shall offer the contingent capacity and firm energy thus available first to other entities in the same State listed in Schedule A and Schedule B, second to other entities listed in Schedule A and Schedule B, third to other entities in the same State which receive contingent capacity and firm energy under subsection (a)(2) of this section, and last to other entities which receive contingent capacity and firm energy under subsection (a)(2) of this section.

(d) Water availability

Except with respect to energy purchased at the request of an allottee pursuant to subsection (a)(3), the obligation of the Secretary of Energy to deliver contingent capacity and firm energy pursuant to contracts entered into pursuant to this section shall be subject to availability of the water needed to produce such contingent capacity and firm energy. In the event that water is not available to produce the contingent capacity and firm energy set forth in Schedule A, Schedule B, and Schedule D, the Secretary of Energy shall adjust the contingent capacity and firm energy offered under those Schedules in the same proportion as those contractors' allocations of Schedule A, Schedule B, and Schedule D contingent capacity and firm energy bears to the full rated contingent capacity and firm energy obligations.

(e) Congressional exercise of reserved right

The provisions of this section constitute an exercise by the Congress of the right reserved by it in section 5(b) of the Boulder Canyon Project Act, as amended and supplemented [43 U.S.C. 617d(b)], to prescribe terms and conditions for contracts for electrical energy generated at Hoover Dam. This section constitutes the exclusive method for disposing of capacity and energy from Hoover Dam for the period beginning October 1, 2017, and ending September 30, 2067.

(f) Court challenges; disputes and disagreements

(1) Notwithstanding any other provision of law, any claim that the provisions of subsection (a) of this section violates any rights to capacity or energy from the Boulder Canyon project is barred unless the complaint is filed within one year after December 20, 2011, in the United States Court of Federal Claims which shall have exclusive jurisdiction over this action. Any claim that actions taken by any administrative agency of the United States violates any right under this subchapter or the Boulder Canyon Project Act [43 U.S.C. 617 et seq.] or the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et seq.] is barred unless suit asserting such claim is filed in a Federal court of competent jurisdiction within one year after final refusal of such agency to correct the action complained of.

(2) Any contract entered into pursuant to this section or section 107 of this Act [42 U.S.C. 7133 note] shall contain provisions by which any dispute or disagreement as to interpretation or performance of the provisions of this subchapter or of applicable regulations or of the contract may be determined by arbitration or court proceedings. The Secretary of Energy or the Secretary of the Interior, as the case may be, if authorized to act for the United States in such arbitration or court proceedings and, except as provided in paragraph (1) of this subsection, jurisdiction is conferred upon any district court of the United States of proper venue to determine the dispute.

(g) Congressional declaration of purpose

It is the purpose of this subchapter to ensure that the rights of contractors for capacity and energy from the Boulder Canyon project for the period beginning October 1, 2017, and ending September 30, 2067, will vest with certainty and finality.

(Pub. L. 98–381, title I, §105, Aug. 17, 1984, 98 Stat. 1335; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 112–72, §2, Dec. 20, 2011, 125 Stat. 777.)

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a)(2)(A), (5)(F), (f), and (g), was in the original "this Act", meaning Pub. L. 98–381, Aug. 17, 1984, 98 Stat. 1333, which enacted this subchapter and sections 7274 and 7275 of Title 42, and amended sections 617a, 617b, 618, 618a, 618e, 618k, and 1543 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 619 of this title and Tables.

The Hoover Power Allocation Act of 2011, referred to in subsec. (a)(2)(A) and (4), is Pub. L. 112–72, Dec. 20, 2011, 125 Stat. 777, which amended this section and enacted provisions set out as a note under section 619 of this title. For complete classification of this Act to the Code, see Short Title of 2011 Amendment note set out under section 619 of this title and Tables.

The Boulder Canyon Project Act, referred to in subsecs. (b) and (f)(1), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classified generally to subchapter I (§617 et seq.) of this chapter. For complete classification of this Act to the Code, see section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in subsec. (f)(1), is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§618 et seq.) of this chapter. For complete classification of this Act to the Code, see section 618o of this title and Tables.

Section 107 of this Act, referred to in subsec. (f)(2), is section 107 of Pub. L. 98–381, which is set out as a note under section 7133 of Title 42, The Public Health and Welfare.

Amendments

2011—Subsec. (a)(1)(A). Pub. L. 112–72, §2(a), substituted "contract for delivery commencing October 1, 2017" for "renewal contract for delivery commencing June 1, 1987", inserted Schedule A, and struck out former Schedule A relating to long term contingent capacity and associated firm energy reserved for renewal contract offers to current Boulder Canyon project contractors.

Subsec. (a)(1)(B). Pub. L. 112–72, §2(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to contract offers to purchasers in Arizona, Nevada, and California eligible to enter into such contracts under 43 U.S.C. 617d, for delivery commencing June 1, 1987, of capacity resulting from the uprating program and associated firm energy as provided in former Schedule B with certain provisos.

Subsec. (a)(1)(C). Pub. L. 112–72, §2(c), substituted "October 1, 2017" for "June 1, 1987", inserted Schedule C, and struck out former Schedule C relating to excess energy.

Subsec. (a)(2). Pub. L. 112–72, §2(d)(2), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 112–72, §2(d)(1), (e), redesignated par. (2) as (3), in first sentence, substituted "paragraphs (1)(A), (1)(B), and (2)" for "schedule A of subsection (a)(1)(A) of this section and schedule B of subsection (a)(1)(B) of this section", and, in second sentence, substituted "each year of operation" for "any year of operation" in two places, "Schedule C" for "schedule C", and "Schedules A, B, and D" for "schedules A and B". Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 112–72, §2(d)(1), (f), redesignated par. (3) as (4) and amended par. (4) generally. Prior to amendment, par. (4) read as follows: "Subdivision E of the 'General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects' published in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the 'Criteria' or as the 'Regulations' shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said Regulations to such modifications." Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 112–72, §2(d)(1), redesignated par. (4) as (5).

Subsec. (a)(5)(A). Pub. L. 112–72, §2(g)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "expire September 30, 2017;".

Subsec. (a)(5)(B). Pub. L. 112–72, §2(g)(2), substituted "shall allocate" for "shall use" and struck out "and" after semicolon.

Subsec. (a)(5)(D) to (F). Pub. L. 112–72, §2(g)(3), (4), added subpars. (D) to (F).

Subsec. (b). Pub. L. 112–72, §2(h), substituted "2067" for "2017".

Subsec. (c). Pub. L. 112–72, §2(i), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to execution of contract with parties to certain litigation and offer of contract to other entities.

Subsec. (d). Pub. L. 112–72, §2(j), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The uprating program authorized under section 619(a) of this title shall be undertaken with funds advanced under contracts made with the Secretary of the Interior by non-Federal purchasers described in subsection (a)(1)(B) of this section. Funding provided by non-Federal purchasers shall be advanced to the Secretary of the Interior pursuant to the terms and conditions of such contracts."

Subsec. (e). Pub. L. 112–72, §2(l), struck out "the renewal of" before "contracts for electrical energy" in first sentence and substituted "October 1, 2017, and ending September 30, 2067" for "June 1, 1987, and ending September 30, 2017" in second sentence.

Pub. L. 112–72, §2(k), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: "Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program shall be deposited in the Colorado River Dam Fund and shall be available for the uprating program."

Subsec. (f). Pub. L. 112–72, §2(k), redesignated subsec. (h) as (f) and struck out former subsec. (f) which read as follows: "Those amounts advanced by non-Federal purchasers shall be financially integrated as capital costs with other project costs for rate-setting purposes, and shall be returned to those purchasers advancing funds throughout the contract period through credits which include interest costs incurred by such purchasers for funds contributed to the Secretary of the Interior for the uprating program."

Subsec. (f)(1). Pub. L. 112–72, §2(m), substituted "December 20, 2011" for "August 17, 1984" in first sentence.

Subsec. (g). Pub. L. 112–72, §2(n), substituted "this subchapter" for "subsections (c), (g), and (h) of this section" and "October 1, 2017, and ending September 30, 2067" for "June 1, 1987, and ending September 30, 2017".

Pub. L. 112–72, §2(k)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).

Subsecs. (h), (i). Pub. L. 112–72, §2(k)(2), redesignated subsecs. (h) and (i) as (f) and (g), respectively.

1992—Subsec. (h)(1). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

1 So in original. The word "said" probably should not appear.

2 So in original. Probably should be "subdivision".
43 U.S.C. § 502 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XI: MAINTENANCE AND OPERATION OF WORKS GENERALLY / Section 502: Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law
Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law
Status: in_force

In order to assure continuous operation of all projects and project facilities governed by the Federal reclamation law (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), including any project and facilities constructed with funds provided by the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory thereof or supplementary thereto) [43 U.S.C. 422a et seq.] or with funds provided by the Distribution System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts amendatory thereof or supplementary thereto), there is hereby authorized to be appropriated from the reclamation fund an emergency fund which shall be available for defraying expenses which the Commissioner of Reclamation determines are required to be incurred because of unusual or emergency conditions.

(June 26, 1948, ch. 676, §1, 62 Stat. 1052; Pub. L. 97–275, Oct. 1, 1982, 96 Stat. 1185.)

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.

The Small Reclamation Projects Act, referred to in text, probably means the Small Reclamation Projects Act of 1956, act Aug. 6, 1956, ch. 972, 70 Stat. 1044, which is classified generally to subchapter IV (§422a et seq.) of this chapter. For complete classification of this Act to the Code, see section 422k of this title and Tables.

The Distribution System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts amendatory thereof or supplementary thereto), referred to in text, probably means act July 4, 1955, ch. 271, 69 Stat. 244, which is classified generally to sections 421a to 421h of this title. Act May 14, 1956, ch. 268, 70 Stat. 155, amended section 421c of this title. For complete classification of this Act to the Code, see Tables.

Amendments

1982—Pub. L. 97–275 substituted "all projects and project facilities governed by the Federal reclamation law (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), including any project and facilities constructed with funds provided by the Small Reclamation Projects Act (Act of August 6, 1956, 70 Stat. 1044, and Acts amendatory thereof or supplementary thereto) or with funds provided by the Distribution System Loans Act (Act of May 14, 1956, 69 Stat. 244, and Acts amendatory thereof or supplementary thereto)" for "irrigation or power systems operated and maintained by the Bureau of Reclamation, Department of the Interior".

Statutory Notes and Related Subsidiaries

Emergency Drought Authority

Pub. L. 100–387, title IV, subtitle B, Aug. 11, 1988, 102 Stat. 957, provided that:

"part 1—reclamation states drought assistance

"SEC. 411. SHORT TITLE.

"This part may be cited as the 'Reclamation States Drought Assistance Act of 1988'.

"SEC. 412. ASSISTANCE DURING DROUGHT.

"The Secretary of the Interior, acting under the authorities of the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388) [see Short Title note under section 371 of this title], and Acts supplementary thereto and amendatory thereof) and other appropriate authorities of the Secretary shall—

"(1)(A) perform studies to identify opportunities to augment, make use of, or conserve water supplies available to Federal reclamation projects and Indian water resource developments, which studies shall be completed no later than March 1, 1990; and

"(B) consistent with existing contractual arrangements and State law, and without further authorization, undertake construction, management, and conservation activities that will mitigate or can be expected to have an effect in mitigating losses and damages resulting from drought conditions in 1987, 1988, or 1989, which construction shall be completed by December 31, 1989; and

"(2) assist willing buyers in their purchase of available water supplies from willing sellers and redistribute such water based upon priorities to be determined by the Secretary consistent with State law, with the objective of minimizing losses and damages resulting from drought conditions in 1987, 1988, and 1989.

"SEC. 413. AVAILABILITY OF WATER ON A TEMPORARY BASIS.

"(a) General Authority.—The Secretary of the Interior may make available, by contract, consistent with existing contracts or agreements and State law, water or canal capacity at existing Federal reclamation projects to water users and others, on a temporary basis to mitigate losses and damages resulting from drought conditions in 1987, 1988, and 1989.

"(b) Contracts.—Any contract signed under this section shall provide that—

"(1) the price for the use of such water shall be at least sufficient to recover all Federal operation and maintenance costs, and an appropriate share of capital costs, except that, for water delivered to a landholding in excess of 960 acres of class I lands or the equivalent thereof for a qualified recipient and 320 acres of class I lands or the equivalent thereof for a limited recipient, the cost of such water shall be full cost (as defined in section 202(3)(A) of Public Law 97–293, 43 U.S.C. 390bb) for those acres in excess of 960 acres or 320 acres, as appropriate;

"(2) the lands not now subject to reclamation law that receive temporary irrigation water supplies under this section shall not become subject to the ownership limitations of Federal reclamation law because of the delivery of such temporary water supplies;

"(3) the lands that are subject to the ownership limitations of Federal reclamation law shall not be exempted from those limitations because of the delivery of such temporary water supplies; and

"(4) the contract shall terminate no later than December 31, 1989.

"(c) Fish and Wildlife.—The Secretary may make available water for the purposes of protecting fish and wildlife resources, including mitigating losses that occur as a result of drought conditions.

"SEC. 414. EMERGENCY LOAN PROGRAM.

"The Secretary of the Interior may make loans to water users for the purposes of undertaking management, conservation activities, or the acquisition and transportation of water consistent with State law, that can be expected to have an effect in mitigating losses and damages resulting from drought conditions in 1987, 1988, and 1989. Such loans shall be made available under such terms and conditions as the Secretary deems appropriate. Section 203(a) of the Reclamation Reform Act of 1982 (Public Law 97–293; 43 U.S.C. 390cc) shall not apply to any contract to repay such loan.

"SEC. 415. INTERAGENCY COORDINATION.

"The program established by this part, to the extent practicable, shall be coordinated with emergency and disaster relief operations conducted by other Federal and State agencies under other provisions of law. The Secretary of the Interior shall consult such other Federal and State agencies as he deems necessary. Other Federal agencies performing relief functions under other Federal authorities shall provide the Secretary with information and records that the Secretary deems necessary for the administration of this part.

"SEC. 416. REPORT.

"Not later than March 1, 1990, the Secretary of the Interior shall submit a report and recommendations to the President and Congress on—

"(1) expenditures and accomplishments under this part;

"(2) legislative and administrative recommendations for responding to droughts and drought related problems in the Reclamation States; and

"(3) structural and non-structural measures to mitigate the effects of droughts.

"SEC. 417. CARRYOVER STORAGE AND WATER, NEW MELONES UNIT, CENTRAL VALLEY PROJECT, CALIFORNIA.

"The first undesignated paragraph under the heading 'San Joaquin River Basin' in section 203 of the Flood Control Act of 1962 (Public Law 87–874, 76 Stat. 1191) is amended by inserting before the last period the following: ': And provided further, That the Secretary of the Interior is authorized to make available to the Oakdale and South San Joaquin irrigation districts, at the current contract rate, unallocated storage of such districts carried over from the previous year'.

"SEC. 418. INITIATION AND DEADLINE OF EMERGENCY DROUGHT PROGRAM.

"(a) Limitation.—The programs and authorities established under this part shall become operative in any Reclamation State only after—

"(1) the Governor of that State has declared a drought emergency; and

"(2) the affected area is declared eligible for Federal disaster relief under applicable rules and regulations.

"(b) Termination.—The programs and authorities established under this part shall terminate on December 31, 1989, unless otherwise specifically stated.

"part 2—water project

"SEC. 421. CENTRAL VALLEY PROJECT WATER RELEASES.

"The Secretary of the Interior is authorized to install a temperature control curtain as a demonstration project at Shasta Dam, Central Valley project, California, at a cost not to exceed $5,500,000. The purpose of the demonstration project is to determine the effectiveness of the temperature control curtain in controlling the temperature of water releases from Shasta Dam, so as to protect and enhance anadromous fisheries in the Sacramento River and San Francisco Bay/Sacramento-San Joaquin Delta and Estuary[.]

"part 3—authorization and savings clause

"SEC. 431. AUTHORIZATION OF APPROPRIATIONS.

"(a) There are authorized to be appropriated a total amount not to exceed $25,000,000 for section 412(1)(B) and section 414 of this subtitle.

"(b) Unless otherwise specified, there are authorized to be appropriated such sums as may be necessary to carry out the remaining provisions of this subtitle.

"SEC. 432. SAVINGS CLAUSE.

"Nothing in this subtitle shall be construed as limiting or restricting the power and authority of the United States or—

"(1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on public lands;

"(2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control;

"(3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two States and the Federal Government;

"(4) as superseding, modifying, or repealing, except as specifically set forth in this subtitle, existing law applicable to the various Federal agencies; or

"(5) as modifying the terms of any interstate compact."

Use of Western Area Power Administration Continuing Fund To Pay for Purchase Power and Wheeling Expenses To Meet Contractual Obligations During Periods of Below-Average Hydropower Generation

Pub. L. 101–101, title III, Sept. 29, 1989, 103 Stat. 661, provided: "That, the continuing fund established in Public Law 98–50 [July 14, 1983, 97 Stat. 247, 257] shall also be available on an ongoing basis for paying for purchase power and wheeling expenses when the Administrator determines that such expenditures are necessary to meet contractual obligations for the sale and delivery of power during periods of below-normal hydropower generation. Payments from the continuing fund shall be limited to the amount required to replace the generation deficiency, and only for the project where the deficiency occurred. Replenishment of the continuing fund shall occur within twelve months of the month in which the funds were first expended."

Emergency Fund

Provisions relating to appropriations for the emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law were contained in the following appropriation acts:

Pub. L. 103–316, title II, Aug. 26, 1994, 108 Stat. 1714.

Pub. L. 103–126, title II, Oct. 28, 1993, 107 Stat. 1324.

Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1329.

Pub. L. 102–104, title II, Aug. 17, 1991, 105 Stat. 524.

Pub. L. 101–514, title II, Nov. 5, 1990, 104 Stat. 2085.

Pub. L. 101–101, title II, Sept. 29, 1989, 103 Stat. 654.

Pub. L. 100–371, title II, July 19, 1988, 102 Stat. 864.

Pub. L. 100–202, §101(d) [title II], Dec. 22, 1987, 101 Stat. 1329–104, 1329–116.

Pub. L. 99–500, §101(e) [title II], Oct. 18, 1986, 100 Stat. 1783–194, 1783–202, and Pub. L. 99–591, §101(e) [title II], Oct. 30, 1986, 100 Stat. 3341–194, 3341–202.

Pub. L. 99–141, title II, title III, Nov. 1, 1985, 99 Stat. 569, 575.

Pub. L. 98–360, title II, title III, July 16, 1984, 98 Stat. 409, 416.

Pub. L. 98–50, title II, title III, July 14, 1983, 97 Stat. 252, 257.

Pub. L. 97–88, title III, Dec. 4, 1981, 95 Stat. 1145.

Pub. L. 96–367, title I, Oct. 1, 1980, 94 Stat. 1335.

Pub. L. 96–69, title I, Sept. 25, 1979, 93 Stat. 440.

Pub. L. 94–355, title III, July 12, 1976, 89 Stat. 895.

Pub. L. 93–393, title III, Aug. 28, 1974, 88 Stat. 787.

Pub. L. 93–97, title III, Aug. 16, 1973, 87 Stat. 321.

Pub. L. 92–134, title III, Oct. 5, 1971, 85 Stat. 370.

Pub. L. 91–144, title III, Dec. 11, 1969, 83 Stat. 331.

Pub. L. 89–689, title II, Oct. 15, 1966, 80 Stat. 1008.

Pub. L. 88–511, title II, Aug. 30, 1964, 78 Stat. 687.

Pub. L. 87–880, title II, Oct. 24, 1962, 76 Stat. 1221.

Temporary Authority of Secretary of the Interior To Facilitate Emergency Actions With Regard to 1976–1977 Drought

Pub. L. 95–18, Apr. 7, 1977, 91 Stat. 36, as amended by Pub. L. 95–107, Aug. 17, 1977, 91 Stat. 870; Pub. L. 95–226, Feb. 7, 1978, 92 Stat. 10, directed Secretary of the Interior to undertake construction, management and conservation activities designed to mitigate losses and damages to Federal reclamation projects and Indian irrigation projects resulting from 1976–1977 drought, to assist willing buyers in purchasing available water supplies from willing sellers, and to undertake studies of potential facilities to mitigate effects of a recurrence of drought and make recommendations to President and Congress evaluating potential undertakings, authorized Secretary to defer, without penalty, the 1977 installment payments on charges owed the United States and to make loans to irrigators for construction, management, conservation activities, or acquisition and transportation of water, appropriated $100,000,000 to carry out provisions of this Act and specified the availability of such funds for expenditures, directed Secretary, not later than May 1, 1978, to provide President and Congress a complete report on expenditures and accomplishments, and provided that authorities conferred by this Act terminate on Nov. 30, 1977.

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. § 1842 (2024) — Title 43: PUBLIC LANDS / Chapter 36: OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT / Subchapter II: FISHERMEN'S CONTINGENCY FUND / Section 1842: Fishermen's Contingency Fund
Fishermen's Contingency Fund
Status: in_force

(a) Establishment; availability; source of deposits; limitation on amount; interest-bearing accounts; litigation

(1) There is established in the Treasury of the United States a Fishermen's Contingency Fund. The Fund shall be available to the Secretary without fiscal year limitations as a revolving fund for the purpose of making payments pursuant to this section. The Fund shall consist of—

(A) revenues received from investments made under paragraph (3);

(B) amounts collected under subsection (b); and

(C) amounts recovered by the Secretary under section 1845(h)(2) of this title.

The total amount in the Fund that is collected under subsection (b) may at no time exceed $2,000,000; and the total amount in the Fund which is attributable to revenue received under paragraph (3) or recovered by the Secretary under section 1845(h)(2) of this title shall be expended prior to amounts collected under subsection (b). Not more than 8 percent of the total amount in the Fund may be expended in any fiscal year for paying the administrative and personnel expenses referred to in paragraph (2)(A).

(2) The Fund shall be available, as provided for in appropriation Acts solely for the payment of—

(A) the personnel and administrative expenses incurred in carrying out this subchapter;

(B) any claim, in accordance with procedures established under this section, for damages that are compensable under this subchapter; and

(C) attorney and other fees awarded under section 1845(e) of this title with respect to any such claim.

(3) Sums in the Fund that are not currently needed for the purposes of the Fund shall be kept on deposit in appropriate interest-bearing accounts that shall be established by the Secretary of the Treasury or invested in obligations of, or guaranteed by, the United States. Any revenue accruing from such deposits and investments shall be deposited into the Fund.

(4) The Fund may sue and be sued in its own name. All litigation by or against the Fund shall be referred to the Attorney General.

(b) Payments by each holder of lease, permit, easement, or right-of-way

(1) Except as provided in paragraph (2), each holder of a lease that is issued or maintained under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] and each holder of an exploration permit, or an easement or right-of-way for the construction of a pipeline in any area of the Outer Continental Shelf, shall pay an amount specified by the Secretary. The Secretary of the Interior shall collect such amount and deposit it into the Fund. In any calendar year, no holder of a lease, permit, easement, or right-of-way shall be required to pay an amount in excess of $5,000 per lease, permit, easement, or right-of-way.

(2) Payments may not be required under paragraph (1) by the Secretary of the Interior with respect to geological permits and geophysical permits, other than prelease exploratory drilling permits issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340).

(Pub. L. 95–372, title IV, §402, Sept. 18, 1978, 92 Stat. 686; Pub. L. 97–212, §2, June 30, 1982, 96 Stat. 143.)

Editorial Notes

References in Text

The Outer Continental Shelf Lands Act, referred to in subsec. (b)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

Amendments

1982—Subsec. (a). Pub. L. 97–212 redesignated subsec. (a) as subsec. (a)(1) and substituted provisions relating to the source of funds, that the total amount of the Fund would not exceed $2,000,000, that the total amount in the Fund which is attributable to revenue received under par. (3) as amended or recovered by the Secretary under section 1845(h)(2) of this title be expended prior to amounts collected under subsec. (b) as amended, and that not more than 8 percent of the total amount in the Fund be expended in any fiscal year for the paying of administrative and personnel expenses, for provisions that the amounts paid pursuant to former subsecs. (c) and (d) of this section be deposited in the Fund, and that the total amount in the Fund not exceed $1,000,000, redesignated as subsec. (a)(2) former subsec. (e), and struck out provision that the amounts disbursed for administrative or personnel expenses not exceed 15 percent of the amounts deposited in a revolving account for that fiscal year, added as subsec. (a)(3) provisions that the sums of the Fund be kept on deposit in interest-bearing accounts, and added as subsec. (a)(4) provision that all litigation be referred to the Attorney General.

Subsec. (b). Pub. L. 97–212 redesignated as subsec. (b)(1) provisions of former subsec. (c) and added as subsec. (b)(2) provision that payments not be required under par. (1) by the Secretary of the Interior with respect to geological and geophysical permits other than prelease exploratory drilling permits issued under section 1340 of this title. Former subsec. (b) relating to the establishment and maintenance of an area account within the Fund was struck out.

Subsec. (c). Pub. L. 97–212 redesignated subsec. (c) as (b)(1).

Subsec. (d). Pub. L. 97–212 struck out subsec. (d) which related to level of area account funds.

Subsec. (e). Pub. L. 97–212 redesignated subsec. (e) as (a)(2).

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–212 applicable with respect to claims for damages filed on or after June 30, 1982, with the Secretary of Commerce under section 1845(a) of this title, with provision for the refiling of previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.
43 U.S.C. § 357 (2024) — Title 43: PUBLIC LANDS / Chapter 10: UNDERGROUND-WATER RECLAMATION GRANTS / Section 357: Repealed. Pub. L. 88-417, §1, Aug. 11, 1964, 78 Stat. 389
Repealed. Pub. L. 88-417, §1, Aug. 11, 1964, 78 Stat. 389
Status: repealed

Section 357, act Oct. 22, 1919, ch. 77, §6, 41 Stat. 294, provided for disposition of land not included in patents.

Section 358, act Oct. 22, 1919, ch. 77, §7, 41 Stat. 295, provided for payment of proceeds of land sales into reclamation fund.

Section 359, acts Oct. 22, 1919, ch. 77, §8, 41 Stat. 295; 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, provided for reservation to the United States of coal and mineral rights, and for disposition of such reserved rights.

Section 360, act Oct. 22, 1919, ch. 77, §9, 41 Stat. 295, authorized Secretary to prescribe rules and regulations.

Statutory Notes and Related Subsidiaries

Savings Provision

Sections repealed subject to valid rights and obligations existing on Aug. 11, 1964, see section 1 of Pub. L. 88–417, set out as a note under sections 351 to 355 of this title.

Processing of Pending Applications

Processing of applications filed prior to Aug. 11, 1964, to be in same manner as if Pub. L. 88–417 had not been enacted, see section 2 of Pub. L. 88–417, set out as a note under sections 351 to 355 of this title.