43 U.S.C. § 251 (2024) — Title 43: PUBLIC LANDS / Chapter 7: HOMESTEADS / Subchapter VI: FINAL PROOF GENERALLY / Section 251: Repealed.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Repealed.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Status: repealed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 251, act Mar. 3, 1879, ch. 192, 20 Stat. 472; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to notice of intention to make final proof.

Section 252, act Mar. 2, 1889, ch. 381, §7, 25 Stat. 855, related to time of taking testimony for final proof in case of unavoidable delay.

Section 253, act June 3, 1878, ch. 152, 20 Stat. 91, related to publication of notice of contest.

Section 254, R.S. §2294; May 26, 1890, ch. 355, 26 Stat. 121; Mar. 3, 1893, ch. 208, 27 Stat. 593; Mar. 11, 1902, ch. 182, 32 Stat. 63; Mar. 4, 1904, ch. 394, 33 Stat. 59; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Feb. 23, 1923, ch. 105, 42 Stat. 1281; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Oct. 17, 1968, Pub. L. 90–578, title IV, §402(b)(2), 82 Stat. 1118, related to officers before whom affidavits or proofs may be made, perjury, and fees.

Section 255, R.S. §2293; Oct. 6, 1917, ch. 86, 40 Stat. 391; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to affidavits taken by commanding officer for person in military or naval service.

Section 256, act Mar. 4, 1913, ch. 149, §1, 37 Stat. 925, related to election as to law under which final proof may be made.

Section 256a, acts May 13, 1932, ch. 178, §§1, 2, 47 Stat. 153; June 16, 1933, ch. 99, 48 Stat. 274; July 26, 1935, ch. 419, 49 Stat. 504; June 16, 1937, ch. 361, 50 Stat. 303, related to extension of time for offering final proof, and promulgation of rules and regulations.

Section 256b, act Aug. 27, 1935, ch. 770, 49 Stat. 909, related to final proof by disabled World War I veterans.

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. § 688 (2024) — Title 43: PUBLIC LANDS / Chapter 16: SALE AND DISPOSAL OF PUBLIC LANDS / Section 688: Repealed. Pub. L. 94-579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Repealed. Pub. L. 94-579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Status: repealed

Section 688, R.S. §2361; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized issuance of multiple certificates in cases of two or more purchasers of same section of land.

Section 689, R.S. §2362, authorized refund of purchase money by the Secretary of the Interior.

Section 690, R.S. §2363, related to sources of funds for repayment.

Section 691, R.S. §2368, authorized purchase of lands located in good faith by claims arising under treaty of Sept. 30, 1854.

Section 692, R.S. §2366, authorized receipt of foreign coins in payment for purchases.

Section 693, R.S. §2369; acts Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to mistakes in entry of public lands purchased at private sale.

Section 694, R.S. §2370; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to mistakes in issuance of patents for lands.

Section 695, R.S. §2371, related to applicability of sections 693 and 694 of this title for mistakes in location of warrants.

Section 696, R.S. §2374, prohibited agreements to pay premiums to purchasers of public lands.

Section 697, R.S. §2372; acts Feb. 24, 1909, ch. 181, 35 Stat. 645; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; May 21, 1926, ch. 353, 44 Stat. 591; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to errors in entry, selection or location of public lands.

Section 698, R.S. §2375, authorized recovery of premiums paid under section 696 of this title.

Section 699, R.S. §2376, authorized discovery of agreements authorizing payments under section 696 of this title.

Section 700, act Mar. 2, 1889, ch. 381, §1, 25 Stat. 854, authorized private entry onto public lands of United States only in Missouri.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 16 (2024) — Title 43: PUBLIC LANDS / Chapter 1: BUREAU OF LAND MANAGEMENT / Section 16: Engrossing and recording patents
Engrossing and recording patents
Status: in_force

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

(Mar. 2, 1895, ch. 177, §3, 28 Stat. 807.)
43 U.S.C. § 498 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XI: MAINTENANCE AND OPERATION OF WORKS GENERALLY / Section 498: Transfer of management and operation of works to water users generally
Transfer of management and operation of works to water users generally
Status: in_force

When the payments required by this Act are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the Secretary of the Interior; Provided, That the title to and the management and operation of the reservoirs and the works necessary for their protection and operation shall remain in the Government until otherwise provided by Congress.

(June 17, 1902, ch. 1093, §6, 32 Stat. 389.)

Editorial Notes

References in Text

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

Codification

Section is comprised of part of section 6 of act June 17, 1902. Remainder of such section 6 is classified to section 491 of this title.

Statutory Notes and Related Subsidiaries

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
43 U.S.C. § 966 (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 966: Right of way in Arkansas to pipe-line companies
Right of way in Arkansas to pipe-line companies
Status: in_force

A right of way through the public lands of the United States in the State of Arkansas is granted for pipe-line purposes to any citizen of the United States or any company or corporation authorized by its charter to transport oil, crude or refined, or natural gas which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation, and due proof of organization under the same, to the extent of the ground occupied by the said pipe line and ten feet on each side of the center line of same.

(Apr. 12, 1910, ch. 155, §1, 36 Stat. 296.)

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 1241 (2024) — Title 43: PUBLIC LANDS / Chapter 28: MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS / Subchapter XIII: STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS / Section 1241: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 1241 was editorially reclassified as section 2701 of this title.
43 U.S.C. § 1742a (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter III: ADMINISTRATION / Section 1742a: Good Samaritan Search and Recovery Act
Good Samaritan Search and Recovery Act
Status: in_force

(a) Definitions

In this section:

(1) Eligible

The term "eligible", with respect to an organization or individual, means that the organization or individual, respectively, is—

(A) acting in a not-for-profit capacity; and

(B) composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have attained the age of majority under the law of the State where the mission takes place.

(2) Good Samaritan search-and-recovery mission

The term "good Samaritan search-and-recovery mission" means a search conducted by an eligible organization or individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated.

(3) Secretary

The term "Secretary" means the Secretary or the Secretary of Agriculture, as applicable.

(b) Process

(1) In general

Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions.

(2) Inclusions

The process developed and implemented under this subsection shall include provisions to clarify that—

(A) an eligible organization or individual granted access under this section—

(i) shall be acting for private purposes; and

(ii) shall not be considered to be a Federal volunteer;

(B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54;

(C) chapter 171 of title 28 (commonly known as the "Federal Tort Claims Act") shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and

(D) chapter 81 of title 5 (commonly known as the "Federal Employees Compensation Act") shall not apply to an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment.

(c) Release of Federal Government from liability

The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—

(1) acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and

(2) signs a waiver releasing the Federal Government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any conduct by the eligible organization or individual on Federal land.

(d) Approval and denial of requests

(1) In general

The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made.

(2) Denials

If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of—

(A) the reason for the denial of the request; and

(B) any actions that the eligible organization or individual can take to meet the requirements for the request to be approved.

(e) Partnerships

Each Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—

(1) to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and

(2) to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary.

(f) Report

Not later than 180 days after March 12, 2019, the Secretaries shall submit to Congress a joint report describing—

(1) plans to develop partnerships described in subsection (e)(1); and

(2) efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).

(Pub. L. 116–9, title IX, §9002, Mar. 12, 2019, 133 Stat. 830.)

Editorial Notes

Codification

Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition of "Secretary"

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of Title 16, Conservation.
43 U.S.C. § 48 (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 48: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Jan. 12, 1927, ch. 27, 44 Stat. 963, required amounts received by the Geological Survey from any State, Territory or political subdivision thereof in carrying on work involving cooperation to be used in reimbursing the appropriation from which the expense of such work was paid, was from the act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1928 and for other purposes, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following act: May 10, 1926, ch. 277, 44 Stat. 487.
43 U.S.C. § 908 (2024) — Title 43: PUBLIC LANDS / Chapter 21: GRANTS IN AID OF RAILROADS AND WAGON ROADS / Section 908: Deposits by railroad companies for costs of surveying and conveying unsurveyed lands granted
Deposits by railroad companies for costs of surveying and conveying unsurveyed lands granted
Status: in_force

To enable the Secretary of the Interior to complete the adjustment of land grants made by Congress to aid in the construction of railroads, and to subject the lands granted to taxation by States, Territories, and municipal authorities, any railroad corporation required by law to pay the costs of surveying, selecting, or conveying any lands granted to such company or corporation, or for its use and benefit, by any Act of Congress, is required, within ninety days from demand by the Secretary of the Interior, to deposit in a proper United States depository to the credit of the United States a sum sufficient to pay the cost of surveying, selecting, and conveying any of the unsurveyed lands granted to such company, or for its use and benefit, under any Act of Congress: Provided further, That the Secretary of the Interior shall determine and specify in the notice or demand to such company the amount of the required deposit, and may, in his discretion, demand a sum sufficient to cover the cost of the survey, selection, and conveyance of the entire area granted to any company, or for its use and benefit, then unsurveyed, or for such townships or fractional townships as he may prescribe and designate in the notice or demand to such company, as aforesaid: And provided further, That the amount deposited shall, subject to the rules and regulations of the Department of the Interior, under the direction of the Secretary of the Interior or such officer as he may designate, be disbursed for the surveying, including office and field work, selection, and conveyance of the lands granted and designated in the notice of the Secretary of the Interior, as aforesaid: And provided further, That in the event the money deposited by any railroad corporation under the provisions of sections 908 to 911 of this title shall exceed the cost of said surveys, the said excess thereof shall be repaid to the corporation so depositing the same, or to its assigns.

(June 25, 1910, ch. 406, §1, 36 Stat. 834; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Statutory Notes and Related Subsidiaries

Appropriations

Effective July 1, 1935, the continuing appropriation provided for in this section was repealed by act June 26, 1934, ch. 756, §1, 48 Stat. 1225.

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. § 752 (2024) — Title 43: PUBLIC LANDS / Chapter 18: SURVEY OF PUBLIC LANDS / Section 752: Boundaries and contents of public lands; how ascertained
Boundaries and contents of public lands; how ascertained
Status: in_force

The boundaries and contents of the several sections, half-sections, and quarter-sections of the public lands shall be ascertained in conformity with the following principles:

First. All the corners marked in the surveys, returned by the Secretary of the Interior or such agency as he may designate, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate; and the corners of half- and quarter-sections, not marked on the surveys, shall be placed as nearly as possible equidistant from two corners which stand on the same line.

Second. The boundary lines, actually run and marked in the surveys returned by the Secretary of the Interior or such agency as he may designate, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended, and the length of such lines as returned, shall be held and considered as the true length thereof. And the boundary lines which have not been actually run and marked shall be ascertained, by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the fractional townships where no such opposite corresponding corners have been or can be fixed, the boundary lines shall be ascertained by running from the established corners due north and south or east and west lines, as the case may be, to the watercourse, Indian boundary line, or other external boundary of such fractional township.

Third. Each section or subdivision of section, the contents whereof have been returned by the Secretary of the Interior or such agency as he may designate, shall be held and considered as containing the exact quantity expressed in such return; and the half sections and quarter sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one-half or the one-fourth part, respectively, of the returned contents of the section of which they may make part.

(R.S. §2396; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

Codification

R.S. §2396 derived from act Feb. 11, 1805, ch. 14, §2, 2 Stat. 313.

Statutory Notes and Related Subsidiaries

Abolition of Office of Surveyor General and Transfer of Functions

Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.

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.

In pars. "First", "Second" and "Third", reference to "Field Surveying Service" changed to "Secretary of the Interior or such agency as he may designate", on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 177 (2024) — Title 43: PUBLIC LANDS / Chapter 7: HOMESTEADS / Subchapter I: GENERAL PROVISIONS / Section 177: Patents for lands in New Mexico held under color of title
Patents for lands in New Mexico held under color of title
Status: in_force

Whenever it shall be shown to the satisfaction of the Secretary of the Interior that a tract or tracts of public land, not known to be mineral, in the State of New Mexico, not exceeding in the aggregate one hundred and sixty acres, has or have been held in good faith and in peaceful, adverse possession by a citizen of the United States, his ancestors or grantors, for more than twenty years under claim or color of title, and that valuable improvements have been placed on such land, or some part thereof has been reduced to cultivation, the Secretary may, in his discretion, upon the payment of $1.25 per acre, cause a patent or patents to issue for such land to any such citizen: Provided, That where the area or areas so held by any such citizen is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres in the aggregate, to any such citizen may be patented under this section: Provided further, That the term "citizen" as used in this section shall be held to include a corporation organized under the laws of the United States or any State or Territory thereof.

(June 8, 1926, ch. 501, 44 Stat. 709.)
43 U.S.C. § 1600a (2024) — Title 43: PUBLIC LANDS / Chapter 32B: COLORADO RIVER FLOODWAY / Section 1600a: Definitions
Definitions
Status: in_force

(a) The term "Committees" refers to the Committee on Natural Resources of the United States House of Representatives and the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the United States Senate.

(b) The term "financial assistance" means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance other than—

(1) general revenue-sharing grants made under section 6702 1 of title 31;

(2) deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions;

(3) the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation;

(4) assistance for environmental studies, plans, and assessments that are required incident to the issuance of permits or other authorizations under Federal law; and

(5) assistance pursuant to programs entirely unrelated to development, such as any Federal or federally assisted public assistance program or any Federal old-age, survivors, or disability insurance program.

Such term also includes flood insurance described in sections 2 4029(a) and (b) of title 42 on and after the dates on which the provisions of those sections 2 become effective.

(c) The term "Secretary" means the Secretary of the Interior.

(d) The term "water district" means any public agency providing water service, including water districts, county water districts, public utility districts, and irrigation districts.

(e) The term "Floodway" means the Colorado River Floodway established in section 1600c of this title.

(Pub. L. 99–450, §3, Oct. 8, 1986, 100 Stat. 1129; Pub. L. 103–437, §16(a)(4), Nov. 2, 1994, 108 Stat. 4594.)

Editorial Notes

References in Text

Chapter 67 of title 31, including section 6702, referred to in subsec. (b)(1), was repealed by Pub. L. 99–272, title XIV, §1400(a)(1), Apr. 7, 1986, 100 Stat. 327. See also Codification note below.

The dates on which the provisions of sections 4029(a) and (b) of title 42 become effective, referred to in subsec. (b), is Oct. 8, 1986, the date of enactment of Pub. L. 99–450 which enacted section 4029(a), (b) of Title 42, The Public Health and Welfare.

Codification

In subsec. (b)(1), "section 6702 of title 31" substituted for "section 102 of the State and Local Fiscal Assistance Amendments of 1972 (31 U.S.C. 1221)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1994—Subsec. (a). Pub. L. 103–437 substituted "Natural Resources" for "Interior and Insular Affairs" before "of the United States House".

1 See References in Text note below.

2 So in original. Probably should be in the singular.
43 U.S.C. § 2215 (2024) — Title 43: PUBLIC LANDS / Chapter 40: RECLAMATION STATES EMERGENCY DROUGHT RELIEF / Subchapter I: DROUGHT PROGRAM / Section 2215: Assistance for drought-related planning in reclamation States
Assistance for drought-related planning in reclamation States
Status: in_force

(a) In general

The Secretary may provide financial assistance in the form of cooperative agreements in States that are eligible to receive drought assistance under this subchapter to promote the development of drought contingency plans under subchapter II.

(b) Report

Not later than one year after December 23, 2000, the Secretary shall submit to the Congress a report and recommendations on the advisability of providing financial assistance for the development of drought contingency plans in all entities that are eligible to receive assistance under subchapter II.

(Pub. L. 102–250, title I, §105, as added Pub. L. 106–566, title II, §201(b), Dec. 23, 2000, 114 Stat. 2820.)
43 U.S.C. § 1600e (2024) — Title 43: PUBLIC LANDS / Chapter 32B: COLORADO RIVER FLOODWAY / Section 1600e: Exceptions
Exceptions
Status: in_force

Notwithstanding section 1600d of this title, the appropriate Federal officer, after consultation with the Secretary, may make Federal expenditures or financial assistance available within the Colorado River Floodway for—

(a) any dam, channel or levee construction, operation or maintenance for the purpose of flood control, water conservation, power or water quality;

(b) other remedial or corrective actions, including but not limited to drainage facilities essential to assist in controlling adjacent high ground water conditions caused by flood flows;

(c) the maintenance, replacement, reconstruction, repair, and expansion, of publicly or tribally owned or operated roads, structures (including bridges), or facilities: Provided, That, no such expansion shall be permitted unless—

(1) the expansion is designed and built in accordance with the procedures and standards established in section 650.101 of title 23, Code of Federal Regulations, and the following as they may be amended from time to time; and

(2) the boundaries of the Floodway are adjusted to account for changes in flows caused, directly or indirectly, by the expansion;

(d) military activities essential to national security;

(e) any of the following actions or projects, but only if the Secretary finds that the making available of expenditures or assistance therefor is consistent with the purposes of this chapter:

(1) projects for the study, management, protection and enhancement of fish and wildlife resources and habitats, including, but not limited to, acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational projects;

(2) the establishment, operation, and maintenance of air and water navigation aids and devices, and for access thereto;

(3) projects eligible for funding under chapter 2003 of title 54;

(4) scientific research, including but not limited to aeronautical, atmospheric, space, geologic, marine, fish and wildlife and other research, development, and applications;

(5) assistance for emergency actions essential to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 305 and 306 of the Disaster Relief Act of 1974 1 (42 U.S.C. 5145 and 5146) and are limited to actions that are necessary to alleviate the emergency. Disaster assistance under other provisions of the Disaster Relief Act of 1974 1 (Public Law 93–288, as amended) [42 U.S.C. 5121 et seq.] may also be provided with respect to persons residing within the Floodway, or structures or public infrastructure in existence or substantially under construction therein, on the date ninety days after October 8, 1986: Provided, That, such persons, or with respect to public infrastructure the State or local political entity which owns or controls such infrastructure, had purchased flood insurance for structures or infrastructure under the National Flood Insurance Program, if eligible, and had taken prudent and reasonable steps, as determined by the Administrator of the Federal Emergency Management Agency, to minimize damage from future floods or operations of the Floodway established in the chapter;

(6) other assistance for public health purposes, such as mosquito abatement programs;

(7) nonstructural projects for riverbank stabilization that are designed to enhance or restore natural stabilization systems;

(8) publicly or tribally financed, owned and operated compatible recreational developments such as regional parks, golf courses, docks, boat launching ramps (including steamboat and ferry landings), including compatible recreation uses and accompanying utility or interpretive improvements which are essential or closely related to the purpose of restoring the accuracy of a National Historical Landmark and which meet best engineering practices considering the nature of Floodway conditions;

(9) compatible agricultural uses that do not involve permanent crops and include only a minimal amount of permanent facilities in the Floodway.

(Pub. L. 99–450, §7, Oct. 8, 1986, 100 Stat. 1132; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 113–287, §5(l)(5), Dec. 19, 2014, 128 Stat. 3271.)

Editorial Notes

References in Text

The Disaster Relief Act of 1974, referred to in subsec. (e)(5), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. The 1974 Act was renamed "The Robert T. Stafford Disaster Relief and Emergency Assistance Act", and was substantially revised by Pub. L. 100–707, Nov. 23, 1988, 102 Stat. 4689. Section 102(b) of Pub. L. 100–707 provided that a reference in any other law to a provision of the Disaster Relief Act of 1974 shall be deemed to be a reference to such provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The Act was renamed the "Robert T. Stafford Disaster Relief and Emergency Assistance Act" by Pub. L. 106–390, title III, §301, Oct. 30, 2000, 1114 Stat. 1572. Section 105(d) of Pub. L. 100–707 repealed sections 305 and 306 of the Act (42 U.S.C. 5145 and 5146) and redesignated sections 308 and 309 of the Act (42 U.S.C. 5148 and 5149), and any references thereto, as sections 305 and 306, respectively. For corresponding provisions to former sections 305 and 306 of the Act, see sections 5170a, 5170b, and 5192 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Amendments

2014—Subsec. (e)(3). Pub. L. 113–287 substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)".

Statutory Notes and Related Subsidiaries

Change of Name

"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsec. (e)(5) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

1 See References in Text note below.
43 U.S.C. § 945b (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 945b: Jurisdiction; procedure
Jurisdiction; procedure
Status: in_force

Jurisdiction of an action brought by the United States or the landowner for the determination of just compensation pursuant to section 945a of this title is hereby conferred on the United States district court in the district in which any such land is situated, without limitation to the amount of compensation sought by such suit. The procedure for such an action shall be governed by the Federal Rules of Civil Procedure for the condemnation of real and personal property.

(Pub. L. 88–561, §2, as added Pub. L. 89–624, Oct. 4, 1966, 80 Stat. 874.)

Editorial Notes

References in Text

The Federal Rules of Civil Procedure for the condemnation of real and personal property, referred to in text, means rule 71A of the Federal Rules of Civil Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to Federal condemnation actions pending in any district court of the United States on or after Oct. 4, 1966, see section 3 of Pub. L. 88–561, as added by Pub. L. 89–624, set out as an Effective Date of 1966 Amendment note under section 945a of this title.
43 U.S.C. § 616aaaa (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter LI: MOUNTAIN PARK PROJECT, OKLAHOMA / Section 616aaaa: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 616aaaa, Pub. L. 90–503, §1, Sept. 21, 1968, 82 Stat. 853; Pub. L. 93–493, title III, §301, Oct. 27, 1974, 88 Stat. 1492; Pub. L. 103–434, title IV, §402(a), Oct. 31, 1994, 108 Stat. 4536, authorized construction, operation, and maintenance of the Mountain Park project, Oklahoma.

Section 616bbbb, Pub. L. 90–503, §2, Sept. 21, 1968, 82 Stat. 853, related to repayment of costs and the interest rate.

Section 616cccc, Pub. L. 90–503, §3, Sept. 21, 1968, 82 Stat. 854, related to transfer of the care, maintenance, and operation of project works to water users' organization.

Section 616dddd, Pub. L. 90–503, §4, Sept. 21, 1968, 82 Stat. 854, related to soil survey and land classification.

Section 616eeee, Pub. L. 90–503, §5, Sept. 21, 1968, 82 Stat. 854, related to conservation and development of fish and wildlife and enhancement of recreational opportunities in connection with this project.

Section 616ffff, Pub. L. 90–503, §6, Sept. 21, 1968, 82 Stat. 854, authorized appropriations for this project.

Section 616ffff–1, Pub. L. 93–493, title III, §302, Oct. 27, 1974, 88 Stat. 1492, authorized additional appropriations for this project.

Section 616ffff–2, Pub. L. 90–503, §7, as added Pub. L. 103–434, title IV, §402(b), Oct. 31, 1994, 108 Stat. 4536, authorized reallocation of project costs.
43 U.S.C. § 1624 (2024) — Title 43: PUBLIC LANDS / Chapter 33: ALASKA NATIVE CLAIMS SETTLEMENT / Section 1624: Regulations; issuance; publication in Federal Register
Regulations; issuance; publication in Federal Register
Status: in_force

The Secretary is authorized to issue and publish in the Federal Register, pursuant to subchapter II of chapter 5 of title 5, such regulations as may be necessary to carry out the purposes of this chapter.

(Pub. L. 92–203, §25, Dec. 18, 1971, 85 Stat. 715.)

Editorial Notes

Codification

"Subchapter II of chapter 5 of title 5" substituted for "the Administrative Procedure Act" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
43 U.S.C. § 424 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter V: ADMINISTRATION OF EXISTING PROJECTS / Section 424: Disposal of lands classified as temporarily or permanently unproductive; persons who may take
Disposal of lands classified as temporarily or permanently unproductive; persons who may take
Status: in_force

The Secretary of the Interior, hereinafter styled the Secretary, is authorized in connection with Federal irrigation projects to dispose of vacant public lands designated under sections 423 to 423g and 610 of this title, as temporarily unproductive or permanently unproductive to resident farm owners, and resident entrymen on Federal irrigation projects, in accordance with the provisions of sections 424 to 424e of this title.

(May 16, 1930, ch. 292, §1, 46 Stat. 367.)

Editorial Notes

References in Text

Sections 423 to 423g and 610 of this title, referred to in text, was in the original "the Act of May 25, 1926", meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sections 423 to 423g and 610 of this title. Section 610 of this title has been omitted from the Code. For complete classification of this Act to the Code, see Tables.

Hereinafter, referred to in text, means in sections 424a to 424d of this title.
43 U.S.C. § 364a (2024) — Title 43: PUBLIC LANDS / Chapter 11A: BOARD ON GEOGRAPHIC NAMES / Section 364a: Board on Geographic Names; establishment and membership; appointment and term of office
Board on Geographic Names; establishment and membership; appointment and term of office
Status: in_force

There is established a Board on Geographic Names, hereinafter called the Board. The membership of the Board shall include one representative from each of the Departments of State, Defense, Interior, Agriculture, and Commerce, and from the Government Publishing Office, the United States Postal Service, and the Library of Congress. The Board may also include representatives from such Federal agencies as the Secretary, upon recommendation of the Board, shall from time to time find desirable, even though these agencies are in the departments otherwise represented on the Board. The members of the Board shall be appointed by the respective heads of the departments or independent agencies that they represent. Each member shall be appointed for a two-year term but may be reappointed to successive terms. The members of the Board shall serve without additional compensation. The Board shall nominate a Chairman to be appointed by the Secretary, and shall establish such working committees as are found desirable.

(July 25, 1947, ch. 330, §2, 61 Stat. 456; Aug. 10, 1949, ch. 412, §4, 63 Stat. 579; Pub. L. 91–375, §§4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)

Editorial Notes

Amendments

1949—Act Aug. 10, 1949, established Department of Defense as an Executive Department and reduced Departments of the Army, Navy, and Air Force to status of military departments in Department of Defense.

Statutory Notes and Related Subsidiaries

Change of Name

"Government Publishing Office" substituted for "Government Printing Office" in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

"United States Postal Service" substituted for "Post Office Department" in text on authority of Pub. L. 91–375, §§4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished Post Office Department, transferred its functions to United States Postal Service, and provided that references in other laws to Post Office Department be considered a reference to United States Postal Service.
43 U.S.C. § 618n (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter II: BOULDER CANYON PROJECT ADJUSTMENT ACT / Section 618n: Wages of employees
Wages of employees
Status: in_force

All laborers and mechanics employed in the construction of any part of the project, or in the operation, maintenance, or replacement of any part of the Hoover Dam, shall be paid not less than the prevailing rate of wages or compensation for work of a similar nature prevailing in the locality of the project. In the event any dispute arises as to what are the prevailing rates, the determination thereof shall be made by the Secretary of the Interior, and his decision, subject to the concurrence of the Secretary of Labor, shall be final.

(July 19, 1940, ch. 643, §15, 54 Stat. 779; Apr. 30, 1947, ch. 46, 61 Stat. 56.)

Statutory Notes and Related Subsidiaries

Change of Name

"Hoover Dam" substituted in text for "Boulder Dam" on authority of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover Dam.
43 U.S.C. § 1745 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter III: ADMINISTRATION / Section 1745: Disclaimer of interest in lands
Disclaimer of interest in lands
Status: in_force

(a) Issuance of recordable document; criteria

After consulting with any affected Federal agency, the Secretary is authorized to issue a document of disclaimer of interest or interests in any lands in any form suitable for recordation, where the disclaimer will help remove a cloud on the title of such lands and where he determines (1) a record interest of the United States in lands has terminated by operation of law or is otherwise invalid; or (2) the lands lying between the meander line shown on a plat of survey approved by the Bureau or its predecessors and the actual shoreline of a body of water are not lands of the United States; or (3) accreted, relicted, or avulsed lands are not lands of the United States.

(b) Procedures applicable

No document or disclaimer shall be issued pursuant to this section unless the applicant therefor has filed with the Secretary an application in writing and notice of such application setting forth the grounds supporting such application has been published in the Federal Register at least ninety days preceding the issuance of such disclaimer and until the applicant therefor has paid to the Secretary the administrative costs of issuing the disclaimer as determined by the Secretary. All receipts shall be deposited to the then-current appropriation from which expended.

(c) Construction as quit-claim deed from United States

Issuance of a document of disclaimer by the Secretary pursuant to the provisions of this section and regulations promulgated hereunder shall have the same effect as a quit-claim deed from the United States.

(Pub. L. 94–579, title III, §315, Oct. 21, 1976, 90 Stat. 2770.)
43 U.S.C. § 618p (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter II: BOULDER CANYON PROJECT ADJUSTMENT ACT / Section 618p: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Oct. 12, 1949, ch. 680, title I, §101, in part, 63 Stat. 784, related to reports to Congressional appropriations committees on Colorado River dam funds, was from the Interior Department Appropriation Act, 1950, and was not repeated in subsequent appropriation acts. Similar provisions were contained in act June 29, 1948, ch. 754, §1, 62 Stat. 1130.
43 U.S.C. § 401 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter II: RECLAMATION FUND GENERALLY / Section 401: Amounts collected from defaulting contractors and their sureties
Amounts collected from defaulting contractors and their sureties
Status: in_force

Any amounts collected from defaulting contractors or their sureties, including collections heretofore made, in connection with contracts entered into under the reclamation law, either collected in cash or by deduction from amounts otherwise due such contractors, shall be covered into the reclamation fund and shall be credited to the project or operation for or on account of which such contract was made.

(June 6, 1930, ch. 410, 46 Stat. 522.)
43 U.S.C. § 1167 (2024) — Title 43: PUBLIC LANDS / Chapter 28: MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS / Subchapter II: DISPOSITION OF SUSPENDED ENTRIES AND CLAIMS; INVALID AND DEFECTIVE CLAIMS AND PATENTS THEREFOR / Section 1167: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 1167 was editorially reclassified as section 2507 of this title.
43 U.S.C. § 433a (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter VI: WATER RIGHT APPLICATIONS AND LAND ENTRIES / Section 433a: Preference of needy families
Preference of needy families
Status: in_force

It is declared to be the policy of the Congress that, in the opening to entry of newly irrigated public lands, preference shall be given to families who have no other means of earning a livelihood, or who have been compelled to abandon, through no fault of their own, other farms in the United States, and with respect to whom it appears after careful study, in the case of each such family, that there is a probability that such family will be able to earn a livelihood on such irrigated lands.

(June 18, 1940, ch. 395, §1, 54 Stat. 439.)
43 U.S.C. § 940 (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 940: Forfeiture of rights where railroad not constructed in five years after location
Forfeiture of rights where railroad not constructed in five years after location
Status: in_force

Each and every grant of right of way and station grounds made prior to February 25, 1909, to any railroad corporation under sections 934 to 939 of this title, where such railroad had not been constructed and the period of five years next following the location of said road, or any section thereof, had on that date expired, is declared forfeited to the United States, to the extent of any portion of such located line then remaining unconstructed, and the United States resumes the full title to the lands covered thereby free and discharged from such easement, and the forfeiture declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land conveyed by the United States prior to such date subject to any such grant of right of way or station grounds: Provided, That no right of way on which construction was progressing in good faith on February 25, 1909, shall be in any wise affected, validated, or invalidated, by the provisions of this section.

(June 26, 1906, ch. 3350, 34 Stat. 482; Feb. 25, 1909, ch. 191, 35 Stat. 647.)
43 U.S.C. § 757 (2024) — Title 43: PUBLIC LANDS / Chapter 18: SURVEY OF PUBLIC LANDS / Section 757: Cost of survey of private land claims to be reported and paid
Cost of survey of private land claims to be reported and paid
Status: in_force

An accurate account shall be kept by the Secretary of the Interior or such officer as he may designate of the cost of surveying and platting every private land claim to be reported to the Bureau of Land Management with the map of such claim; and a patent shall not issue nor shall any copy of any such survey be furnished for any such private claim until the cost of survey and platting shall have been paid into the Treasury of the United States by the party or parties in interest in said grant or by any other party.

(July 31, 1876, ch. 246, 19 Stat. 121; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Statutory Notes and Related Subsidiaries

Abolition of Office of Surveyor General and Transfer of Functions

Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Surveys.

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.

"Field Surveying Service" changed to "Secretary of the Interior or such agency as he may designate" and "General Land Office" changed to "Bureau of Land Management", on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 2423 (2024) — Title 43: PUBLIC LANDS / Chapter 42: RURAL WATER SUPPLY / Subchapter II: TWENTY-FIRST CENTURY WATER WORKS / Section 2423: Loan guarantees
Loan guarantees
Status: in_force

(a) Authority

Subject to the availability of appropriations, the Secretary may make available to lenders for a project meeting the eligibility criteria established in section 2422 of this title loan guarantees to supplement private-sector or lender financing for the project.

(b) Terms and limitations

(1) In general

Loan guarantees under this section for a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements as the Secretary determines to be appropriate to protect the financial interests of the United States.

(2) Amount

Loan guarantees by the Secretary shall not exceed an amount equal to 90 percent of the cost of the project that is the subject of the loan guarantee, as estimated at the time at which the loan guarantee is issued.

(3) Interest rate

An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines to be appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks.

(4) Amortization

A loan guarantee under this section shall provide for complete amortization of the loan guarantee within not more than 40 years.

(5) Nonsubordination

An obligation shall be subject to the condition that the obligation is not subordinate to other financing.

(c) Prepayment and refinancing

Any prepayment or refinancing terms on a loan guarantee shall be negotiated between the non-Federal borrower and the lender with the consent of the Secretary.

(Pub. L. 109–451, title II, §204, Dec. 22, 2006, 120 Stat. 3358.)
43 U.S.C. § 955 (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 955: Amendment, alteration, or repeal
Amendment, alteration, or repeal
Status: in_force

Congress may at any time amend, alter, or repeal sections 952 to 955 of this title.

(Jan. 13, 1897, ch. 11, §4, 29 Stat. 484.)

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 1061 (2024) — Title 43: PUBLIC LANDS / Chapter 25: UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING SETTLEMENT OR TRANSIT / Section 1061: Inclosure of or assertion of right to public lands without title
Inclosure of or assertion of right to public lands without title
Status: in_force

All inclosures of any public lands in any State or Territory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and prohibited.

(Feb. 25, 1885, ch. 149, §1, 23 Stat. 321.)
43 U.S.C. § 505 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XI: MAINTENANCE AND OPERATION OF WORKS GENERALLY / Section 505: Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress
Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress
Status: in_force

Funds appropriated for the construction of irrigation works authorized to be undertaken pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), the Act of August 11, 1939 (53 Stat. 1418), as amended [16 U.S.C. 590y et seq.], or other Acts of Congress may, insofar as such funds are available for the construction of drainage facilities and other minor items, be utilized by the Secretary of the Interior to accomplish such work by contract, by force account or, notwithstanding any other law and subject only to such reasonable terms and conditions as the Secretary shall deem appropriate for the protection of the United States, by contract entered into with the repayment organization concerned whereby said organization shall perform such work: Provided, That in the event construction work to be accomplished by any one repayment organization, pursuant to contract with the United States, exceeds a total cost of $200,000, such contract shall not be executed by the Secretary prior to the expiration of sixty calendar days (which sixty days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three days to a day certain) from the date on which it has been submitted to the Speaker of the House and the President of the Senate for reference to the appropriate Committees, except that such contract may be executed prior to expiration of such sixty days in any case in which both such Committees approve said contract and notify the Secretary in writing of such approval.

(June 13, 1956, ch. 382, 70 Stat. 274.)

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.

Act of August 11, 1939, referred to in text, is classified generally to subchapter II (§590y et seq.) of chapter 3C of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.
43 U.S.C. § 571 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XV: TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES / Section 571: Sale of unplatted portions of Government town sites; authorization
Sale of unplatted portions of Government town sites; authorization
Status: in_force

The Secretary of the Interior is authorized, in his discretion, to appraise, and sell, at public auction, to the highest bidder, from time to time, under such terms as to time of payment as he may require, but in no event for any longer period than five years, any or all of the unplatted portions of Government town sites created under the Act of April 16, 1906 (34 Stat. 116), on any irrigation project constructed under the Act of June 17, 1902 (32 Stat. 388), or Acts amendatory thereof or supplementary thereto: Provided, That any land so offered for sale and not disposed of may afterwards be sold, at not less than the appraised value, at private sale, under such regulations as the Secretary of the Interior may prescribe. Patents made in pursuance of such sale shall convey all the right, title, and interest of the United States in or to the land so sold.

(Mar. 2, 1929, ch. 541, §1, 45 Stat. 1522; Feb. 14, 1931, ch. 176, 46 Stat. 1107.)

Editorial Notes

References in Text

Act of April 16, 1906, referred to in text, is act Apr. 16, 1906, ch. 1631, 34 Stat. 116, which enacted sections 522, 561, 562, 566, and 567 of this title. For complete classification of this Act to the Code, see Tables.

Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to 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.

Amendments

1931—Act Feb. 14, 1931, substituted "under such terms as to time of payment as he may require, but in no event for any longer period than five years" for "for cash".
43 U.S.C. § 860 (2024) — Title 43: PUBLIC LANDS / Chapter 20: RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES / Section 860: Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029
Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029
Status: repealed

Section, act Feb. 27, 1913, ch. 85, §§1–3, 37 Stat. 687, related to selection of phosphate or oil lands by State of Idaho under indemnity and other land grants. See sections 121 to 123 of Title 30, Mineral Lands and Mining.
43 U.S.C. § 356 (2024) — Title 43: PUBLIC LANDS / Chapter 10: UNDERGROUND-WATER RECLAMATION GRANTS / Section 356: Repealed. Pub. L. 94-579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Repealed. Pub. L. 94-579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789
Status: repealed

Section, act Sept. 22, 1922, ch. 400, 42 Stat. 1012, extended time for development of underground water supplies with reclamation grants.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976.

Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 128 (2024) — Title 43: PUBLIC LANDS / Chapter 5: LAND DISTRICTS / Section 128: Division or change of boundaries; continuance of business of original district
Division or change of boundaries; continuance of business of original district
Status: in_force

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

(R.S. §2254.)

Editorial Notes

Codification

R.S. §2254 derived from act May 31, 1872, ch. 241, 17 Stat. 192.

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. § 620f (2024) — Title 43: PUBLIC LANDS / Chapter 12B: COLORADO RIVER STORAGE PROJECT / Section 620f: Powerplant operations
Powerplant operations
Status: in_force

The hydroelectric powerplants and transmission lines authorized by this chapter to be constructed, operated, and maintained by the Secretary shall be operated in conjunction with other Federal powerplants, present and potential, so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates, but in the exercise of the authority hereby granted he shall not affect or interfere with the operation of the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, the Boulder Canyon Project Act [43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et seq.], and any contract lawfully entered into under said Compacts and Acts. Subject to the provisions of the Colorado River Compact, neither the impounding nor the use of water for the generation of power and energy at the plants of the Colorado River storage project shall preclude or impair the appropriation of water for domestic or agricultural purposes pursuant to applicable State law.

(Apr. 11, 1956, ch. 203, §7, 70 Stat. 109; Pub. L. 87–483, §18, June 13, 1962, 76 Stat. 102.)

Editorial Notes

References in Text

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.

Amendments

1962—Pub. L. 87–483 substituted "into" for "unto".
43 U.S.C. § 2243 (2024) — Title 43: PUBLIC LANDS / Chapter 40: RECLAMATION STATES EMERGENCY DROUGHT RELIEF / Subchapter III: GENERAL AND MISCELLANEOUS PROVISIONS / Section 2243: Temperature control at Shasta Dam, Central Valley Project
Temperature control at Shasta Dam, Central Valley Project
Status: in_force

The Secretary is authorized to complete the design and specifications for construction of a device to control the temperature of water releases from Shasta Dam, Central Valley Project, California, and to construct facilities needed to attach such device to the dam. There is authorized to be appropriated to carry out the authority of this section not more than $12,000,000.

(Pub. L. 102–250, title III, §303, Mar. 5, 1992, 106 Stat. 58.)
43 U.S.C. § 2906 (2024) — Title 43: PUBLIC LANDS / Chapter 47: RECLAMATION TITLE TRANSFER / Section 2906: Benefits
Benefits
Status: in_force

After a conveyance of an eligible facility under this chapter—

(1) the conveyed property shall no longer be considered to be part of a Reclamation project;

(2) except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and

(3) the qualifying entity to which the conveyed property is conveyed may be eligible to receive project use power if—

(A) the qualifying entity is receiving project use power as of March 12, 2019;

(B) the project use power will be used for the delivery of Reclamation project water; and

(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.

(Pub. L. 116–9, title VIII, §8006, Mar. 12, 2019, 133 Stat. 808.)
43 U.S.C. § 182 (2024) — Title 43: PUBLIC LANDS / Chapter 7: HOMESTEADS / Subchapter II: RIGHT OF PARTICULAR PERSONS TO MAKE ENTRY / Section 182: 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 182, act Sept. 5, 1914, ch. 294, 38 Stat. 712, related to entry after forfeiture of prior entry without fault.

Section 183, R.S. §2300; Aug. 31, 1918, ch. 166, §8, 40 Stat. 957; Sept. 13, 1918, ch. 173, 40 Stat. 960, related to minor veterans, service in military establishment, and relinquishment of entries.

Section 184, R.S. §2302, prohibited discrimination based on race or color in construction or execution of certain laws.

Section 185, acts May 14, 1880, ch. 89, §2, 21 Stat. 141; Mar. 3, 1891, ch. 561, §4, 26 Stat. 1097; July 26, 1892, ch. 251, 27 Stat. 270; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to preference right of entry of successful contestants.

Sections 186, acts Feb. 14, 1920, ch. 76, §§1, 2, 41 Stat. 434, 435; Jan. 21, 1922, ch. 32, §§1, 2, 42 Stat. 358; Dec. 28, 1922, ch. 19, 42 Stat. 1067; June 12, 1930, ch. 471, 46 Stat. 580, related to preference right of entry of veterans, and promulgation of rules and regulations.

Section 187, act Feb. 25, 1925, ch. 326, 43 Stat. 981, related to entrants on ceded Indian reservations.

Section 187a, act June 21, 1934, ch. 690, 48 Stat. 1185, related to new homestead entry on ceded Indian reservations.

Section 187b, act May 22, 1902, ch. 821, §2, 32 Stat. 203, related to second homestead entry by certain settlers.

Section 188, act June 5, 1900, ch. 716, §3, 31 Stat. 270, related to purchaser of Flathead Indian land, Montana.

Section 189, act Mar. 3, 1875, ch. 131, §15, 18 Stat. 420, related to Indians abandoning tribal relations and consequences thereof.

Section 190, act July 4, 1884, ch. 180, §1, 23 Stat. 96, related to patents for Indians located on public lands.

Section 190a, act Mar. 1, 1933, ch. 160, §1, 47 Stat. 1418, related to Indian allotments or homesteads in San Juan County, Utah.

Section 191, R.S. §§2310, 2311, related to entry, etc., rights, of Stockbridge Munsee Indians.

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. § 510a (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XI: MAINTENANCE AND OPERATION OF WORKS GENERALLY / Section 510a: Guidelines and inspection of project facilities and technical assistance to transferred works operating entities
Guidelines and inspection of project facilities and technical assistance to transferred works operating entities
Status: in_force

(a) Guidelines and inspections

(1) Development of guidelines

Not later than 1 year after March 30, 2009, the Secretary in consultation with transferred works operating entities shall develop, consistent with existing transfer contracts, specific inspection guidelines for project facilities which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such project facilities were to fail.

(2) Conduct of inspections

Not later than 3 years after March 30, 2009, the Secretary shall conduct inspections of those project facilities, which are in proximity to urbanized areas and which could pose a risk to public safety or property damage if such facilities were to fail, using such specific inspection guidelines and criteria developed pursuant to paragraph (1). In selecting project facilities to inspect, the Secretary shall take into account the potential magnitude of public safety and economic damage posed by each project facility.

(3) Treatment of costs

The costs incurred by the Secretary in conducting these inspections shall be nonreimbursable.

(b) Use of inspection data

The Secretary shall use the data collected through the conduct of the inspections under subsection (a)(2) to—

(1) provide recommendations to the transferred works operating entities for improvement of operation and maintenance processes, operating procedures including operation guidelines consistent with existing transfer contracts, and structural modifications to those transferred works;

(2) determine an appropriate inspection frequency for such nondam project facilities which shall not exceed 6 years; and

(3) provide, upon request of transferred work operating entities, local governments, or State agencies, information regarding potential hazards posed by existing or proposed residential, commercial, industrial or public-use development adjacent to project facilities.

(c) Technical assistance to transferred works operating entities

(1) Authority of Secretary to provide technical assistance

The Secretary is authorized, at the request of a transferred works operating entity in proximity to an urbanized area, to provide technical assistance to accomplish the following, if consistent with existing transfer contracts:

(A) Development of documented operating procedures for a project facility.

(B) Development of documented emergency notification and response procedures for a project facility.

(C) Development of facility inspection criteria for a project facility.

(D) Development of a training program on operation and maintenance requirements and practices for a project facility for a transferred works operating entity's workforce.

(E) Development of a public outreach plan on the operation and risks associated with a project facility.

(F) Development of any other plans or documentation which, in the judgment of the Secretary, will contribute to public safety and the sage operation of a project facility.

(2) Costs

The Secretary is authorized to provide, on a non-reimbursable basis, up to 50 percent of the cost of such technical assistance, with the balance of such costs being advanced by the transferred works operating entity or other non-Federal source. The non-Federal 50 percent minimum cost share for such technical assistance may be in the form of in-lieu contributions of resources by the transferred works operating entity or other non-Federal source.

(Pub. L. 111–11, title IX, §9602, Mar. 30, 2009, 123 Stat. 1347.)
43 U.S.C. § 2424 (2024) — Title 43: PUBLIC LANDS / Chapter 42: RURAL WATER SUPPLY / Subchapter II: TWENTY-FIRST CENTURY WATER WORKS / Section 2424: Defaults
Defaults
Status: in_force

(a) Payments by Secretary

(1) In general

If a borrower defaults on the obligation, the holder of the loan guarantee shall have the right to demand payment of the unpaid amount from the Secretary.

(2) Payment required

By such date as may be specified in the loan guarantee or related agreements, the Secretary shall pay to the holder of the loan guarantee the unpaid interest on, and unpaid principal of, the obligation with respect to which the borrower has defaulted, unless the Secretary finds that there was not default by the borrower in the payment of interest or principal or that the default has been remedied.

(3) Forbearance

Nothing in this subsection precludes any forbearance by the holder of the obligation for the benefit of the non-Federal borrower that may be agreed on by the parties to the obligation and approved by the Secretary.

(b) Subrogation

(1) In general

If the Secretary makes a payment under subsection (a), the Secretary shall be subrogated to the rights of the recipient of the payment as specified in the loan guarantee or related agreements, including, as appropriate, the authority (notwithstanding any other provision of law) to—

(A) complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to the loan guarantee or related agreements; or

(B) permit the non-Federal borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project if the Secretary determines the purposes to be in the public interest.

(2) Superiority of rights

The rights of the Secretary, with respect to any property acquired pursuant to a loan guarantee or related agreement, shall be superior to the rights of any other person with respect to the property.

(c) Payment of principal and interest by Secretary

With respect to any obligation guaranteed under this section, the Secretary may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the non-Federal borrower, from funds appropriated for that purpose, the principal and interest payments that become due and payable on the unpaid balance of the obligation if the Secretary finds that—

(1)(A) the non-Federal borrower is unable to meet the payments and is not in default;

(B) it is in the public interest to permit the non-Federal borrower to continue to pursue the purposes of the project; and

(C) the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default;

(2) the amount of the payment that the Secretary is authorized to pay shall be no greater than the amount of principal and interest that the non-Federal borrower is obligated to pay under the agreement being guaranteed; and

(3) the borrower agrees to reimburse the Secretary for the payment (including interest) on terms and conditions that are satisfactory to the Secretary.

(d) Action by Attorney General

(1) Notification

If the non-Federal borrower defaults on an obligation, the Secretary shall notify the Attorney General of the default.

(2) Recovery

On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from—

(A) such assets of the defaulting non-Federal borrower as are associated with the obligation; or

(B) any other security pledged to secure the obligation.

(Pub. L. 109–451, title II, §205, Dec. 22, 2006, 120 Stat. 3358.)
43 U.S.C. § 2241 (2024) — Title 43: PUBLIC LANDS / Chapter 40: RECLAMATION STATES EMERGENCY DROUGHT RELIEF / Subchapter III: GENERAL AND MISCELLANEOUS PROVISIONS / Section 2241: Authorization of appropriations
Authorization of appropriations
Status: in_force

Except as otherwise provided in section 2243 of this title (relating to temperature control devices at Shasta Dam, California), there is authorized to be appropriated not more than $120,000,000 1 in total for the period of fiscal years 2006 through 2028.

(Pub. L. 102–250, title III, §301, Mar. 5, 1992, 106 Stat. 58; Pub. L. 104–206, title II, Sept. 30, 1996, 110 Stat. 2992; Pub. L. 106–60, title II, Sept. 29, 1999, 113 Stat. 488; Pub. L. 106–377, §1(a)(2) [title II], Oct. 27, 2000, 114 Stat. 1441, 1441A–67; Pub. L. 107–66, title II, Nov. 12, 2001, 115 Stat. 498; Pub. L. 108–7, div. D, title II, Feb. 20, 2003, 117 Stat. 144; Pub. L. 108–137, title II, Dec. 1, 2003, 117 Stat. 1847; Pub. L. 109–234, title II, §2306(b), June 15, 2006, 120 Stat. 457; Pub. L. 111–212, title I, §404(b), July 29, 2010, 124 Stat. 2314; Pub. L. 113–235, div. D, title II, §204, Dec. 16, 2014, 128 Stat. 2311; Pub. L. 115–141, div. D, title II, §203(b), Mar. 23, 2018, 132 Stat. 519; Pub. L. 116–260, div. D, title II, §207(b), Dec. 27, 2020, 134 Stat. 1363; Pub. L. 117–103, div. D, title II, §206(b), Mar. 15, 2022, 136 Stat. 221; Pub. L. 118–170, §2(b), Dec. 23, 2024, 138 Stat. 2589.)

Editorial Notes

Amendments

2024—Pub. L. 118–170 substituted "2028" for "2022".

2022—Pub. L. 117–103 substituted "2022" for "2021".

2020—Pub. L. 116–260 substituted "2021" for "2020".

2018—Pub. L. 115–141 substituted "$120,000,000" for "$90,000,000" and "2020" for "2017".

2014—Pub. L. 113–235 substituted "2017" for "2012".

2010—Pub. L. 111–212 substituted "through 2012" for "through 2010".

2006—Pub. L. 109–234 substituted "the period of fiscal years 2006 through 2010" for "fiscal years 1992, 1993, 1994, 1995, 1996, 1999, 2000, 2001, 2002, 2003, and 2004".

2003—Pub. L. 108–137 substituted "2003, and 2004" for "and 2003".

Pub. L. 108–7 substituted "2002, and 2003" for "and 2002".

2001—Pub. L. 107–66 substituted "2001, and 2002" for "and 2001".

2000—Pub. L. 106–377 substituted "2000, and 2001" for "and 2000".

1999—Pub. L. 106–60 substituted "1999, and 2000" for "and 1997".

1996—Pub. L. 104–206 substituted "1996, and 1997" for "and 1996".

Statutory Notes and Related Subsidiaries

Extension of Authorization of Appropriations

Pub. L. 118–42, div. D, title II, §206(b), Mar. 9, 2024, 138 Stat. 194, provided that: "Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting '2024' for '2022' and by substituting '$130,000,000' for '$120,000,000'."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 117–328, div. D, title II, §206(b), Dec. 29, 2022, 136 Stat. 4631.

1 See Extension of Authorization of Appropriations note below.
43 U.S.C. § 2905 (2024) — Title 43: PUBLIC LANDS / Chapter 47: RECLAMATION TITLE TRANSFER / Section 2905: Liability
Liability
Status: in_force

(a) In general

Effective on the date of conveyance of any eligible facility under this chapter, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the eligible facility, other than damages caused by acts of negligence committed by the United States or by agents or employees of the United States prior to the date of the conveyance.

(b) Effect

Nothing in this section increases the liability of the United States beyond that currently provided in chapter 171 of title 28 (commonly known as the "Federal Tort Claims Act").

(Pub. L. 116–9, title VIII, §8005, Mar. 12, 2019, 133 Stat. 808.)
43 U.S.C. § 152 (2024) — Title 43: PUBLIC LANDS / Chapter 6: WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY / Section 152: Restoration of lands previously withdrawn
Restoration of lands previously withdrawn
Status: in_force

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

(Sept. 30, 1913, ch. 15, §2, 38 Stat. 114.)
43 U.S.C. § 1905 (2024) — Title 43: PUBLIC LANDS / Chapter 37: PUBLIC RANGELANDS IMPROVEMENT / Section 1905: Grazing fees; economic value of use of land; fair market value components; annual percentage change limitation
Grazing fees; economic value of use of land; fair market value components; annual percentage change limitation
Status: in_force

For the grazing years 1979 through 1985, the Secretaries of Agriculture and Interior shall charge the fee for domestic livestock grazing on the public rangelands which Congress finds represents the economic value of the use of the land to the user, and under which Congress finds fair market value for public grazing equals the $1.23 base established by the 1966 Western Livestock Grazing Survey multiplied by the result of the Forage Value Index (computed annually from data supplied by the Economic Research Service) added to the Combined Index (Beef Cattle Price Index minus the Price Paid Index) and divided by 100: Provided, That the annual increase or decrease in such fee for any given year shall be limited to not more than plus or minus 25 per centum of the previous year's fee.

(Pub. L. 95–514, §6(a), Oct. 25, 1978, 92 Stat. 1806.)

Executive Documents

Ex. Ord. No. 12548. Grazing Fees

Ex. Ord. No. 12548, Feb. 14, 1986, 51 F.R. 5985, provided:

By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to provide for establishment of appropriate fees for the grazing of domestic livestock on public rangelands, it is ordered as follows:

Section 1. Determination of Fees. The Secretaries of Agriculture and the Interior are directed to exercise their authority, to the extent permitted by law under the various statutes they administer, to establish fees for domestic livestock grazing on the public rangelands which annually equals the $1.23 base established by the 1966 Western Livestock Grazing Survey multiplied by the result of the Forage Value Index (computed annually from data supplied by the Statistical Reporting Service) added to the Combined Index (Beef Cattle Price Index minus the Prices Paid Index) and divided by 100; provided, that the annual increase or decrease in such fee for any given year shall be limited to not more than plus or minus 25 percent of the previous year's fee, and provided further, that the fee shall not be less than $1.35 per animal unit month.

Sec. 2. Definitions. As used in this Order, the term:

(a) "Public rangelands" has the same meaning as in the Public Rangelands Improvement Act of 1978 (Public Law 95–514) [this chapter];

(b) "Forage Value Index" means the weighted average estimate of the annual rental charge per head per month for pasturing cattle on private rangelands in the 11 Western States (Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California) (computed by the Statistical Reporting Service from the June Enumerative Survey) divided by $3.65 and multiplied by 100;

(c) "Beef Cattle Price Index" means the weighted average annual selling price for beef cattle (excluding calves) in the 11 Western States (Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California) for November through October (computed by the Statistical Reporting Service) divided by $22.04 per hundred weight and multiplied by 100; and

(d) "Prices Paid Index" means the following selected components from the Statistical Reporting Service's Annual National Index of Prices Paid by Farmers for Goods and Services adjusted by the weights indicated in parentheses to reflect livestock production costs in the Western States: 1. Fuels and Energy (14.5); 2. Farm and Motor Supplies (12.0); 3. Autos and Trucks (4.5); 4. Tractors and Self-Propelled Machinery (4.5); 5. Other Machinery (12.0); 6. Building and Fencing Materials (14.5); 7. Interest (6.0); 8. Farm Wage Rates (14.0); 9. Farm Services (18.0).

Sec. 3. Any and all existing rules, practices, policies, and regulations relating to the administration of the formula for grazing fees in section 6(a) of the Public Rangelands Improvement Act of 1978 [43 U.S.C. 1905] shall continue in full force and effect.

Sec. 4. This Order shall be effective immediately.

Ronald Reagan.
43 U.S.C. § 913 (2024) — Title 43: PUBLIC LANDS / Chapter 21: GRANTS IN AID OF RAILROADS AND WAGON ROADS / Section 913: Conveyance by land grant railroads of portions of rights of way to State, county, or municipality
Conveyance by land grant railroads of portions of rights of way to State, county, or municipality
Status: in_force

All railroad companies to which grants for rights of way through the public lands have been made by Congress, or their successors in interest or assigns, are authorized to convey to any State, county, or municipality any portion of such right of way to be used as a public highway or street: Provided, That no such conveyance shall have the effect to diminish the right of way of such railroad company to a less width than 50 feet on each side of the center of the main track of the railroad as now established and maintained.

(May 25, 1920, ch. 197, 41 Stat. 621.)
43 U.S.C. § 2605 (2024) — Title 43: PUBLIC LANDS / Chapter 44: OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS / Subchapter I: ADMINISTRATION / Section 2605: Oregon and California land-grant fund; annual distribution of moneys
Oregon and California land-grant fund; annual distribution of moneys
Status: in_force

On and after March 1, 1938, all moneys deposited in the Treasury of the United States in the special fund designated the "Oregon and California land-grant fund" shall be distributed annually as follows:

(a) Fifty per centum to the counties in which the lands revested under the Act of June 9, 1916 (39 Stat. 218), are situated, to be payable on or after June 30, 1938, and each year thereafter to each of said counties in the proportion that the total assessed value of the Oregon and California grant lands in each of said counties for the year 1915 bears to the total assessed value of all of said lands in the State of Oregon for said year, such moneys to be used as other county funds: Provided, however, That for the purposes of this subsection the portion of the said revested Oregon and California railroad grant lands in each of said counties which was not assessed for the year 1915 shall be deemed to have been assessed at the average assessed value of the grant lands in said county.

(b) Twenty-five per centum to said counties as money in lieu of taxes accrued or which shall accrue to them prior to March 1, 1938, under the provisions of the Act of July 13, 1926 (44 Stat. 915), and which taxes are unpaid on said date, such moneys to be paid to said counties severally by the Secretary of the Treasury of the United States, upon certification by the Secretary of the Interior, until such tax indebtedness as shall have accrued prior to March 1, 1938, is extinguished.

From and after payment of the above accrued taxes said 25 per centum shall be accredited annually to the general fund in the Treasury of the United States until all reimbursable charges against the Oregon and California land-grant fund owing to the general fund in the Treasury have been paid: Provided, That if for any year after the extinguishment of the tax indebtedness accruing to the counties prior to March 1, 1938, under the provisions of Forty-fourth Statutes, page 915, the total amount payable under subsection (a) of this section is less than 78 per centum of the aggregate amount of tax claims which accrued to said counties under said Act for the year 1934, there shall be additionally payable for such year such portion of said 25 per centum (but not in excess of three-fifths of said 25 per centum), as may be necessary to make up the deficiency. When the general fund in the Treasury has been fully reimbursed for the expenditures which were made charges against the Oregon and California land-grant fund said 25 per centum shall be paid annually, on or after September 30, to the several counties in the manner provided in subsection (a) hereof.

(c) Twenty-five per centum to be available for the administration of this subchapter, in such annual amounts as the Congress shall from time to time determine. Any part of such per centum not used for administrative purposes shall be covered into the general fund of the Treasury of the United States: Provided, That moneys covered into the Treasury in such manner shall be used to satisfy the reimbursable charges against the Oregon and California land-grant fund mentioned in subsection (b) so long as any such charges shall exist.

(Aug. 28, 1937, ch. 876, title II, 50 Stat. 875; June 24, 1954, ch. 357, §1(b), 68 Stat. 271; Pub. L. 94–273, §2(28), Apr. 21, 1976, 90 Stat. 376.)

Editorial Notes

References in Text

Act of June 9, 1916, referred to in subsec. (a), is act June 9, 1916, ch. 137, 39 Stat. 218, which is not classified to the Code.

Act of July 13, 1926 (44 Stat. 915), Forty-fourth Statutes, page 915, and said Act, referred to in subsec. (b), mean act July 13, 1926, ch. 897, 44 Stat. 915, which is not classified to the Code.

This subchapter, referred to in subsec. (c), was in the original "this Act", meaning act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 1181f of this title prior to editorial reclassification and renumbering as this section.

Section comprises all of title II of act Aug. 28, 1937, except the last par. which is set out as a Repeals note under section 2601 of this title.

Amendments

1976—Subsec. (b). Pub. L. 94–273 substituted "September" for "June".

1954—Subsec. (a). Act June 24, 1954, inserted proviso relating to determination of assessment.
43 U.S.C. § 600g (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XIX: NUECES RIVER PROJECT, TEXAS / Section 600g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 600g, Pub. L. 93–493, title X, §1001, Oct. 27, 1974, 88 Stat. 1496, related to authorization for construction, operation, and maintenance of Nueces River project.

Section 600g–1, Pub. L. 93–493, title X, §1002, Oct. 27, 1974, 88 Stat. 1496, related to repayment costs of Nueces River project.

Section 600g–2, Pub. L. 93–493, title X, §1003, Oct. 27, 1974, 88 Stat. 1496, related to water delivery and reimbursable construction cost repayment contracts.

Section 600g–3, Pub. L. 93–493, title X, §1004, Oct. 27, 1974, 88 Stat. 1497, related to conservation and development of fish and wildlife resources and enhancement of recreation opportunities.

Section 600g–4, Pub. L. 93–493, title X, §1005, Oct. 27, 1974, 88 Stat. 1497, related to authorization of appropriations for Nueces River project.
43 U.S.C. § 1642 (2024) — Title 43: PUBLIC LANDS / Chapter 33A: IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND ALASKA STATEHOOD / Section 1642: Land conveyances
Land conveyances
Status: in_force

Solely for the purpose of bringing claims that arise from the discharge of oil, the Congress confirms that all right, title, and interest of the United States in and to the lands validly selected pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by Alaska Native corporations are deemed to have vested in the respective corporations as of March 23, 1989. This section shall take effect with respect to each Alaska Native corporation only upon its irrevocable election to accept an interim conveyance of such land and notice of such election has been formally transmitted to the Secretary of the Interior.

(Pub. L. 96–487, title XIV, §1438, as added Pub. L. 101–380, title VIII, §8301, Aug. 18, 1990, 104 Stat. 572.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in text, 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.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as a note under section 2701 of Title 33, Navigation and Navigable Waters.
43 U.S.C. § 2244 (2024) — Title 43: PUBLIC LANDS / Chapter 40: RECLAMATION STATES EMERGENCY DROUGHT RELIEF / Subchapter III: GENERAL AND MISCELLANEOUS PROVISIONS / Section 2244: Effect of chapter on other laws
Effect of chapter on other laws
Status: in_force

(a) Conformity with State and Federal law

All actions taken pursuant to this chapter pertaining to the diversion, storage, use, or transfer of water shall be in conformity with applicable State and applicable Federal law.

(b) Effect on jurisdiction, authority, and water rights

Nothing in this chapter shall be construed as expanding or diminishing State, Federal, or tribal jurisdiction or authority over water resources development, control, or water rights.

(Pub. L. 102–250, title III, §304, Mar. 5, 1992, 106 Stat. 59.)
43 U.S.C. § 1637 (2024) — Title 43: PUBLIC LANDS / Chapter 33A: IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND ALASKA STATEHOOD / Section 1637: Use of protraction diagrams
Use of protraction diagrams
Status: in_force

With the agreement of the party to whom a patent is to be issued under this chapter, or the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the Secretary, in his discretion, may base such patent on protraction diagrams in lieu of field surveys. Any person or corporation receiving a patent under this chapter or the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] on the basis of a protraction diagram shall receive any gain or bear any loss of acreage due to errors, if any, in such protraction diagram.

(Pub. L. 96–487, title IX, §909, Dec. 2, 1980, 94 Stat. 2447.)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in text, 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.
43 U.S.C. § 899 (2024) — Title 43: PUBLIC LANDS / Chapter 21: GRANTS IN AID OF RAILROADS AND WAGON ROADS / Section 899: Limitation of quantity to be conveyed
Limitation of quantity to be conveyed
Status: in_force

No more lands shall be certified or conveyed to any State or to any corporation or individual, for the benefit of either of the companies herein mentioned, where it shall appear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands to which such State, corporation, or individual would be rightfully entitled.

(Mar. 3, 1887, ch. 376, §7, 24 Stat. 558.)
43 U.S.C. § 617f (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter I: BOULDER CANYON PROJECT ACT / Section 617f: Canals and appurtenant structures; transfer of title; power development
Canals and appurtenant structures; transfer of title; power development
Status: in_force

The Secretary of the Interior may, in his discretion, when repayments to the United States of all money advanced, with interest, reimbursable hereunder, shall have been made, transfer the title to said canal and appurtenant structures, except the Laguna Dam and the main canal and appurtenant structures down to and including Syphon Drop, to the districts or other agencies of the United States having a beneficial interest therein in proportion to their respective capital investments under such form of organization as may be acceptable to him. The said districts or other agencies shall have the privilege at any time of utilizing by contract or otherwise such power possibilities as may exist upon said canal, in proportion to their respective contributions or obligations toward the capital cost of said canal and appurtenant structures from and including the diversion works to the point where each respective power plant may be located. The net proceeds from any power development on said canal shall be paid into the fund and credited to said districts or other agencies on their said contracts, in proportion to their rights to develop power, until the districts or other agencies using said canal shall have paid thereby and under any contract or otherwise an amount of money equivalent to the operation and maintenance expense and cost of construction thereof.

(Dec. 21, 1928, ch. 42, §7, 45 Stat. 1062.)
43 U.S.C. § 2008 (2024) — Title 43: PUBLIC LANDS / Chapter 38: CRUDE OIL TRANSPORTATION SYSTEMS / Section 2008: Procedures for waiver of Federal law
Procedures for waiver of Federal law
Status: in_force

(a) Waiver of provisions of Federal law

The President may identify those provisions of Federal law (including any law or laws regarding the location of a crude oil transportation system but not including any provision of the antitrust laws) which, in the national interest, as determined by the President, should be waived in whole or in part to facilitate construction or operation of any such system approved under section 2007 of this title or of the Long Beach-Midland project, and he shall submit any such proposed waiver to both Houses of the Congress. The provisions so identified shall be waived with respect to actions to be taken to construct or operate such system or project only upon enactment of a joint resolution within the first period of 60 calendar days of continuous session of Congress beginning on the date of receipt by the House of Representatives and the Senate of such proposal.

(b) Joint resolution

The resolving clause of the joint resolution referred to in subsection (a) is as follows: "That the House of Representatives and Senate approve the waiver of the provisions of law (    ) as proposed by the President, submitted to the Congress on      , 19 .". The first blank space therein being filled with the citation to the provisions of law proposed to be waived by the President and the second blank space therein being filled with the date on which the President submits his decision to wave 1 such provisions of law to the House of Representatives and the Senate. Rules and procedures for consideration of any such joint resolution shall be governed by section 719f(c) and (d) of title 15, other than paragraph (2) of section 719f(d) of title 15, except that for the purposes of this subsection, the phrase "a waiver of provisions of law" shall be substituted in section 719f(d) of title 15 each place where the phrase "an Alaska natural gas transportation system" appears.

(Pub. L. 95–617, title V, §508, Nov. 9, 1978, 92 Stat. 3162.)

Statutory Notes and Related Subsidiaries

Definitions

The definition of "antitrust laws" in section 2602 of Title 16, Conservation, applies to this section.

1 So in original. Probably should be "waive".
43 U.S.C. § 36 (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 36: Purchase of books
Purchase of books
Status: in_force

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

(June 28, 1902, ch. 1301, §1, 32 Stat. 455.)

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. § 475 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter IX: CONSTRUCTION CHARGES / Section 475: Annual installments on entries and contracts prior to August 13, 1914
Annual installments on entries and contracts prior to August 13, 1914
Status: in_force

Any person whose land or entry, prior to August 13, 1914, became subject to the terms and conditions of the reclamation law shall pay the construction charge, or the portion of the construction charge remaining unpaid, in twenty annual installments, the first of which shall become due and payable on December 1 of the year in which the public notice affecting his land is issued, and subsequent installments on December 1 of each year thereafter. The first four of such installments shall each be 2 per centum, the next two installments shall each be 4 per centum, and the next fourteen each 6 per centum of the total construction charge, or the portion of the construction charge unpaid at the beginning of such installments.

Any person whose land or entry prior to August 13, 1914, became subject to the reclamation law, who desires to secure the benefits of the extension of the period of payments provided by sections 373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to 481, 492, 493, 494 to 497 and 499 of this title, shall, within six months after the issuance of the first public notice hereunder affecting his land or entry, notify the Secretary of the Interior, in the manner to be prescribed by said Secretary, of his acceptance of all the terms and conditions of such sections, and thereafter his lands or entry shall be subject to all of the provisions of such sections: Provided, That upon sufficient showing the Secretary of the Interior may, in his discretion, permit notice of acceptance of all the terms and conditions of such sections to be filed at any time after the time limit hereinbefore fixed for filing such acceptance shall have expired, conditioned, however, that where the applicant for such acceptance is in arrears on construction charges, he shall at the time of acceptance pay such installments of the construction charge as he would have been required to pay had he accepted the benefits of such sections within the time limit hereinabove fixed, plus the penalties that would have accrued had he so accepted, and such applicant shall thereafter be upon the same status that he would have been had he accepted the provisions of such sections within the time limit hereinabove fixed, and thereafter the lands or entry of any such persons so filing such notice of acceptance shall be subject to all the provisions of such sections.

(Aug. 13, 1914, ch. 247, §§2, 14, 38 Stat. 687, 690; July 26, 1916, ch. 257, 39 Stat. 390.)

Editorial Notes

References in Text

The reclamation law, referred to in text, is defined in section 472 of this title.
43 U.S.C. § 1600 (2024) — Title 43: PUBLIC LANDS / Chapter 32B: COLORADO RIVER FLOODWAY / Section 1600: Findings and purposes
Findings and purposes
Status: in_force

(a) Findings

The Congress finds that—

(1) there are multiple purposes established by law for the dams and other control structures administered by the Secretary of the Interior on the Colorado River;

(2) the maintenance of the Colorado River Floodway established in this chapter is essential to accomplish these multiple purposes;

(3) developments within the Floodway are and will continue to be vulnerable to damaging flows such as the property damage which occurred in 1983 and may occur in the future;

(4) certain Federal programs which subsidize or permit development within the Floodway threaten human life, health, property, and natural resources; and

(5) there is a need for coordinated Federal, State, and local action to limit Floodway development.

(b) Purpose

The Congress declares that the purposes of this chapter are to—

(1) establish the Colorado River Floodway, as designated and described further in this chapter, so as to provide benefits to river users and to minimize the loss of human life, protect health and safety, and minimize damage to property and natural resources by restricting future Federal expenditures and financial assistance, except public health funds, which have the effect of encouraging development within the Colorado River Floodway; and

(2) establish a task force to advise the Secretary of the Interior and the Congress on establishment of the Floodway and on managing existing and future development within the Floodway, including the appropriateness of compensation in specified cases of extraordinary hardship.

(Pub. L. 99–450, §2, Oct. 8, 1986, 100 Stat. 1129.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 99–450, Oct. 8, 1986, 100 Stat. 1129, known as the Colorado River Floodway Protection Act, which enacted this chapter and section 4029 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 99–450, §1, Oct. 8, 1986, 100 Stat. 1129, provided that: "This Act [enacting this chapter and section 4029 of Title 42, The Public Health and Welfare] may be cited as the 'Colorado River Floodway Protection Act'."
43 U.S.C. § 315d (2024) — Title 43: PUBLIC LANDS / Chapter 8A: GRAZING LANDS / Subchapter I: GENERALLY / Section 315d: Grazing stock for domestic purposes; use of natural resources
Grazing stock for domestic purposes; use of natural resources
Status: in_force

The Secretary of the Interior shall permit, under regulations to be prescribed by him, the free grazing within such districts of livestock kept for domestic purposes; and provided that so far as authorized by existing law or laws hereinafter enacted, nothing contained in this subchapter shall prevent the use of timber, stone, gravel, clay, coal, and other deposits by miners, prospectors for mineral, bona fide settlers and residents, for firewood, fencing, buildings, mining, prospecting, and domestic purposes within areas subject to the provisions of this subchapter.

(June 28, 1934, ch. 865, §5, 48 Stat. 1271.)
43 U.S.C. § 1181f (2024) — Title 43: PUBLIC LANDS / Chapter 28: MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS / Subchapter V: OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LANDS / Section 1181f: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section 1181f was editorially reclassified as section 2605 of this title.

Statutory Notes and Related Subsidiaries

Sharing of Bureau of Land Management Timber Sale Receipts

Pub. L. 103–66, title XIII, §13983, Aug. 10, 1993, 107 Stat. 682, as amended by Pub. L. 103–443, §1(b), Nov. 2, 1994, 108 Stat. 4631, authorized the Secretary of the Treasury to make defined special payments in certain fiscal years to counties in Oregon and California in lieu of certain other payments under former sections 1181f and 1181f–1 et seq. of this title, prior to repeal by Pub. L. 106–393, title IV, §404, Oct. 30, 2000, 114 Stat. 1623.
43 U.S.C. § 82 (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 82: Repealed. Pub. L. 86-649, title II, §202(b), July 14, 1960, 74 Stat. 507
Repealed. Pub. L. 86-649, title II, §202(b), July 14, 1960, 74 Stat. 507
Status: repealed

Section, R.S. §2238; acts May 14, 1880, ch. 89, §2, 21 Stat. 141; Dec. 17, 1880, ch. 2, 21 Stat. 311; July 26, 1892, ch. 251, 27 Stat. 270; Mar. 22, 1904, ch. 748, 33 Stat. 144; May 29, 1908, ch. 220, §14, 35 Stat. 468; Jan. 24, 1923, ch. 42, 42 Stat. 1179; June 5, 1924, ch. 264, 43 Stat. 395; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees and commissions required to be collected by district land offices. See section 1734 of this title.
43 U.S.C. § 1863 (2024) — Title 43: PUBLIC LANDS / Chapter 36: OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT / Subchapter III: MISCELLANEOUS PROVISIONS / Section 1863: Unlawful employment practices; regulations
Unlawful employment practices; regulations
Status: in_force

Each agency or department given responsibility for the promulgation or enforcement of regulations under this chapter or the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] shall take such affirmative action as deemed necessary to prohibit all unlawful employment practices and to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving or participating in any activity, sale, or employment, conducted pursuant to the provisions of this chapter or the Outer Continental Shelf Lands Act. The agency or department shall promulgate such rules as it deems necessary to carry out the purposes of this section, and any rules promulgated under this section, whether through agency and department provisions or rules, shall be similar to those established and in effect under title VI and title VII of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq., 2000e et seq.].

(Pub. L. 95–372, title VI, §604, Sept. 18, 1978, 92 Stat. 695.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–372, Sept. 18, 1978, 92 Stat. 629, known as the Outer Continental Shelf Lands Act Amendments of 1978, which enacted this chapter, sections 1344 to 1356 of this title, and section 237 of Title 30, Mineral Lands and Mining, amended sections 1331 to 1334, 1337, 1340, and 1343 of this title, sections 1456, 1456a, and 1464 of Title 16, Conservation, and section 6213 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under sections 1348 and 1811 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345, 67 Stat. 462, 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.

The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI and VII of the Civil Rights Act of 1964 are classified generally to subchapters V (§2000d et seq.) and VI (§2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
43 U.S.C. § 888 (2024) — Title 43: PUBLIC LANDS / Chapter 21: GRANTS IN AID OF RAILROADS AND WAGON ROADS / Section 888: Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers
Selection by railroads of lands in lieu of lands entered subsequent to accrual of rights; title of settlers
Status: in_force

In the adjustment of all railroad land grants, whether made directly to any railroad company or to any State for railroad purposes, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowed under the preemption or homestead laws of the United States subsequent to the time at which, by the decision of the land office, the right of said road was declared to have attached to such lands, the grantees, upon a proper relinquishment of the lands so entered or filed for, shall be entitled to select an equal quantity of other lands in lieu thereof from any of the public lands not mineral and within the limits of the grant not otherwise appropriated at the date of selection, to which they shall receive title the same as though originally granted. And any such entries or filings thus relieved from conflict may be perfected into complete title as if such lands had not been granted: Provided, That nothing herein contained shall in any manner be so construed as to enlarge or extend any grant to any such railroad or to extend to lands reserved in any land grant made for railroad purposes: And provided further, That this section shall not be construed so as in any manner to confirm or legalize any decision or ruling of the Interior Department under which lands have been certified to any railroad company when such lands have been entered by a preemption or homestead settler after the location of the line of the road and prior to the notice to the local land office of the withdrawal of such lands from market.

(June 22, 1874, ch. 400, 18 Stat. 194.)
43 U.S.C. § 1477 (2024) — Title 43: PUBLIC LANDS / Chapter 31: DEPARTMENT OF THE INTERIOR / Section 1477: Snow water supply forecasting
Snow water supply forecasting
Status: in_force

(a) Short title

This section may be cited as the "Snow Water Supply Forecasting Program Authorization Act".

(b) Definition of program

In this section, the term "program" means the Snow Water Supply Forecasting Program established by subsection (c).

(c) Snow Water Supply Forecasting Program

(1) Program establishment

The Snow Water Supply Forecasting Program is hereby established within the Department of the Interior.

(2) Program implementation

To implement the program, the Secretary shall—

(A) develop the program framework in coordination with other Federal agencies pursuant to subsection (d), culminating in the report required under subsection (d)(3); and

(B) after submitting the report required by subsection (d)(3), implement activities to improve snowpack measurement in particular watersheds pursuant to subsection (e).

(d) Development of program framework in coordination with other Federal agencies

(1) Snowpack measurement data

When determining water supply forecasts or allocations to Federal water contractors, the Secretary, acting through the Commissioner of the Bureau of Reclamation, shall incorporate, to the greatest extent practicable, information from emerging technologies for snowpack measurement, such as—

(A) synthetic aperture radar;

(B) laser altimetry; and

(C) other emerging technologies that the Secretary determines are likely to provide more accurate or timely snowpack measurement data.

(2) Coordination

In carrying out paragraph (1), the Secretary shall coordinate data use and collection efforts with other Federal agencies that use or may benefit from the use of emerging technologies for snowpack measurement.

(3) Emerging technologies report

Not later than October 1, 2021, the Secretary shall submit to Congress a report that—

(A) summarizes the use of emerging technologies pursuant to this section;

(B) describes benefits derived from the use of technologies summarized under subparagraph (A) related to the environment and increased water supply reliability; and

(C) describes how Federal agencies will coordinate to implement emerging technologies.

(e) Program implementation

(1) Activities implementing framework

After submitting the report required under subsection (d)(3), the Secretary shall participate with program partners in implementing activities to improve snowpack measurement in particular watersheds.

(2) Focus

The program shall focus on activities that will maintain, establish, expand, or advance snowpack measurement consistent with the report required by subsection (d)(3), with an emphasis on—

(A) enhancing activities in river basins to achieve improved snow and water supply forecasting results;

(B) activities in river basins where snow water supply forecasting related activities described in this section are not occurring on December 27, 2020; and

(C) demonstrating or testing new, or improving existing, snow and water supply forecasting technology.

(3) Information sharing

The Secretary may provide information collected and analyzed under this section to program partners through appropriate mechanisms, including interagency agreements with Federal agencies, States, State agencies, or a combination thereof, leases, contracts, cooperative agreements, grants, loans, and memoranda of understanding.

(4) Program partners

Program partners with whom the Secretary enters into cooperative agreements pursuant to paragraph (5) may include water districts, irrigation districts, water associations, universities, State agencies, other Federal agencies, private sector entities, non-governmental organizations, and other entities, as determined by the Secretary.

(5) Cooperative agreements

The Secretary may—

(A) enter into cooperative agreements with program partners to allow the program to be administered efficiently and cost effectively through cost-sharing or by providing additional in-kind resources necessary for program implementation; and

(B) provide nonreimbursable matching funding for programmatic and operational activities under this section in consultation with program partners.

(6) Environmental laws

Nothing in this section shall modify any obligation of the Secretary to comply with applicable Federal and State environmental laws in carrying out this section.

(f) Program implementation report

Not later than 4 years after December 27, 2020, the Secretary shall submit a report to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, that includes—

(1) a list of basins and sub-basins for which snowpack measurement technologies are being used under the program, including a description of each technology used; and

(2) a list of Federal agencies and program partners participating in each basin or sub-basin listed in paragraph (1).

(g) Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $15,000,000, in the aggregate, for fiscal years 2022 through 2026.

(Pub. L. 116–260, div. FF, title XI, §1111, Dec. 27, 2020, 134 Stat. 3249.)

References in Text

This section, referred to in subsecs. (b), (d)(3)(A), (e)(2)(B), (3), (5)(B), (6), and (g), was in the original "this Act", which was translated as meaning section 1111 of Pub. L. 116–260, div. FF, Dec. 27, 2020, 134 Stat. 3249, to reflect the probable intent of Congress.

Definitions

For definition of "Secretary" as used in this section, see section 1115 of div. FF of Pub. L. 116–260, set out as a note under section 2330c of Title 33, Navigation and Navigable Waters.
43 U.S.C. § 36d (2024) — Title 43: PUBLIC LANDS / Chapter 2: UNITED STATES GEOLOGICAL SURVEY / Section 36d: Cooperative agreements
Cooperative agreements
Status: in_force

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

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

Editorial Notes

References in Text

The Federal Grant and Cooperative Agreement Act of 1977, referred to in text, is Pub. L. 95–224, Feb. 3, 1978, 92 Stat. 3, which was classified generally to chapter 8 (§501 et seq.) of former Title 41, Public Contracts, and was repealed and reenacted as chapter 63 (§6301 et seq.) of Title 31, Money and Finance, by Pub. L. 97–258, §§1, 5(b), Sept. 13, 1982, 96 Stat. 877, 1068.

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

Statutory Notes and Related Subsidiaries

Similar Provisions

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

Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 228.
43 U.S.C. § 161 (2024) — Title 43: PUBLIC LANDS / Chapter 7: HOMESTEADS / Subchapter I: GENERAL PROVISIONS / Section 161: 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 161, R.S. §2289; Mar. 3, 1891, ch. 561, §5, 26 Stat. 1097, related to entry of unappropriated public lands.

Section 162, R.S. §2290; Mar. 3, 1891, ch. 561, §5, 26 Stat. 1097; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to application for entry on public lands, and contents for affidavit for application.

Section 163, R.S. §2295; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to record of application, registration, and return to Bureau of Land Management.

Section 164, R.S. §2291; June 6, 1912, ch. 153, 37 Stat. 123, related to issuance, etc., of certificate or patent for entered lands.

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. § 81 (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 81: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646
Status: repealed

Section, R.S. §2243; acts Oct. 28, 1921, ch. 115, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to commencement of compensation of registers.
43 U.S.C. § 154 (2024) — Title 43: PUBLIC LANDS / Chapter 6: WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY / Section 154: Vacation of withdrawals under reclamation law; lands valuable for minerals; reservation of rights, ways, and easements; rules and regulations
Vacation of withdrawals under reclamation law; lands valuable for minerals; reservation of rights, ways, and easements; rules and regulations
Status: in_force

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

The Secretary of the Interior may prescribe such rules and regulations as may be necessary to enable him to enforce the provisions of this section.

(Apr. 23, 1932, ch. 134, §§1, 2, 47 Stat. 136, 137; 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.

"Bureau of Land Management" substituted for "General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 146 (2024) — Title 43: PUBLIC LANDS / Chapter 6: WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY / Section 146: Patents to purchasers of lands withdrawn
Patents to purchasers of lands withdrawn
Status: in_force

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

(Jan. 26, 1921, ch. 27, §2, 41 Stat. 1089.)
43 U.S.C. § 1315 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter II: LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES / Section 1315: Rights acquired under laws of United States unaffected
Rights acquired under laws of United States unaffected
Status: in_force

Nothing contained in this subchapter or subchapter I shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this subchapter or subchapter I and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this subchapter or subchapter I is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this subchapter or subchapter I, or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything contained in this subchapter or subchapter I.

(May 22, 1953, ch. 65, title II, §8, 67 Stat. 32.)
43 U.S.C. § 1907 (2024) — Title 43: PUBLIC LANDS / Chapter 37: PUBLIC RANGELANDS IMPROVEMENT / Section 1907: National Grasslands; exemptions
National Grasslands; exemptions
Status: in_force

All National Grasslands are exempted from the provisions of this chapter.

(Pub. L. 95–514, §11, Oct. 25, 1978, 92 Stat. 1808.)
43 U.S.C. § 2408 (2024) — Title 43: PUBLIC LANDS / Chapter 42: RURAL WATER SUPPLY / Subchapter I: RECLAMATION RURAL WATER SUPPLY / Section 2408: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) In general

There is authorized to be appropriated to carry out this subchapter $15,000,000 for each of fiscal years 2007 through 2016, to remain available until expended.

(b) Rural water programs assessment

Of the amounts made available under subsection (a), not more than $1,000,000 may be made available to carry out section 2403 of this title for each of fiscal years 2007 and 2008.

(c) Construction costs

No amounts made available under this section shall be used to pay construction costs associated with any rural water supply project.

(Pub. L. 109–451, title I, §109, Dec. 22, 2006, 120 Stat. 3356.)
43 U.S.C. § 373a (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 373a: Commissioner of Reclamation; appointment
Commissioner of Reclamation; appointment
Status: in_force

Under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the Act of June 17, 1902, and Acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation who shall be appointed by the President by and with the advice and consent of the Senate.

(May 26, 1926, ch. 401, 44 Stat. 657; Pub. L. 97–293, title II, §229, Oct. 12, 1982, 96 Stat. 1274.)

Editorial Notes

References in Text

Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to 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.

Codification

Provisions of this section which prescribed the basic compensation of Commissioner were omitted to conform to the provisions of the Executive Schedule. See section 5316 of Title 5, Government Organization and Employees.

Amendments

1982—Pub. L. 97–293 inserted requirement that Commissioner of Reclamation be appointed by and with advice and consent of Senate.

Statutory Notes and Related Subsidiaries

Use of Private Sector

Pub. L. 108–7, div. D, title II, §208, Feb. 20, 2003, 117 Stat. 146, provided that: "The Commissioner of the Bureau of Reclamation is directed to increase the use of the private sector in performing planning, engineering and design work for Bureau of Reclamation projects to 10 percent in fiscal year 2003, and in each subsequent year until the level of work is at least 40 percent for the planning, engineering and design work conducted by the Bureau of Reclamation."

Compensation of Commissioner

Compensation of Commissioner, see section 5316 of Title 5, Government Organization and Employees.

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. § 334 (2024) — Title 43: PUBLIC LANDS / Chapter 9: DESERT-LAND ENTRIES / Section 334: Further extension of time for final proofs
Further extension of time for final proofs
Status: in_force

The Secretary of the Interior may, in his discretion, in addition to the extension authorized by section 333 of this title or other law existing prior to April 30, 1912, grant to any entryman under the desert-land laws a further extension of the time within which he is required to make final proof: Provided, That such entryman shall, by his corroborated affidavit filed in the land office of the district where such land is located, show to the satisfaction of the Secretary that because of unavoidable delay in the construction of irrigation works intended to convey water to the land embraced in his entry he is, without fault on his part, unable to make proof of the reclamation and cultivation of said lands as required by law within the time limited therefor; but such extension shall not be granted for a period of more than three years, and this section shall not affect contests initiated for a valid existing reason: Provided, That the total extension of the statutory period for making final proof that may be allowed in any one case under this section, and any other statutes existing prior to April 30, 1912, of either general or local application, shall be limited to six years in the aggregate.

(Apr. 30, 1912, ch. 101, 37 Stat. 106.)
43 U.S.C. § 3208 (2024) — Title 43: PUBLIC LANDS / Chapter 50: WESTERN WATER INFRASTRUCTURE / Section 3208: Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects
Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects
Status: in_force

(a) In general

The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for—

(1) groundwater recharge projects;

(2) aquifer storage and recovery projects; or

(3) water source substitution for aquifer protection projects.

(b) Limitation

Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded.

(c) Requirement

A construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under section 3202(a)(2)(C)(ii) of this title.

(d) Cost sharing

Cost sharing for a project funded under this section shall be in accordance with section 3202(b) of this title.

(e) Environmental laws

In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including —

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

(2) any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and

(3) any applicable Federal or State laws (including regulations).

(f) Authorization by Congress for major project construction

A project with a total estimated cost of $500,000,000 or more shall only be eligible for construction funding under this section if the project is authorized for construction by an Act of Congress.

(Pub. L. 117–58, div. D, title IX, §40910, Nov. 15, 2021, 135 Stat. 1126.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (e)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.
43 U.S.C. § 422h (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter IV: CONSTRUCTION OF SMALL PROJECTS / Section 422h: Planning and construction; transfer of funds
Planning and construction; transfer of funds
Status: in_force

The planning and construction of projects undertaken pursuant to this subchapter shall be subject to all procedural requirements and other provisions of the Fish and Wildlife Coordination Act (48 Stat. 401), as amended (16 U.S.C. 661 et seq.). The Secretary shall transfer to the Fish and Wildlife Service or to the National Marine Fisheries Service, out of appropriations or other funds made available under this subchapter, such funds as may be necessary to conduct the investigations required to carry out the purposes of this section.

(Aug. 6, 1956, ch. 972, §8, 70 Stat. 1047; Pub. L. 89–553, §1(5), Sept. 2, 1966, 80 Stat. 377; Pub. L. 99–546, title III, §308, Oct. 27, 1986, 100 Stat. 3055.)

Editorial Notes

References in Text

The Fish and Wildlife Coordination Act (48 U.S.C. 401), as amended, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables.

Amendments

1986—Pub. L. 99–546 inserted provisions which related to transfer of funds for conduct of investigations to Fish and Wildlife Service or to National Marine Fisheries Service.

1966—Pub. L. 89–553 substituted "the Fish and Wildlife Coordination Act, as amended" for "the Act of Aug. 14, 1946 (60 Stat. 1080)".
43 U.S.C. § 664 (2024) — Title 43: PUBLIC LANDS / Chapter 15: APPROPRIATION OF WATERS; RESERVOIR SITES / Section 664: Rights of way over reservoir sites generally
Rights of way over reservoir sites generally
Status: in_force

All reservoir sites reserved or to be reserved shall be open to use and occupation under sections 946 to 949 1 of this title, and any State is authorized to improve and occupy such reservoir sites to the same extent as an individual or private corporation, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the charges for water coming in whole or part from reservoir sites used or occupied under the provisions of this section shall always be subject to the control and regulation of the respective States and Territories in which such reservoirs are in whole or part situate.

(Feb. 26, 1897, ch. 335, 29 Stat. 599.)

Editorial Notes

References in Text

Sections 946 to 949 of this title, referred to in text, were 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.

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

1 See References in Text note below.
43 U.S.C. § 993 (2024) — Title 43: PUBLIC LANDS / Chapter 23: GRANTS OF SWAMP AND OVERFLOWED LANDS / Section 993: Sale of lands in Louisiana; preference rights; application for purchase; appraisal; payment for land
Sale of lands in Louisiana; preference rights; application for purchase; appraisal; payment for land
Status: in_force

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

Any citizen of the United States who, or whose ancestors in title in good faith under color of title or claiming as a riparian owner, prior to February 19, 1925, placed valuable improvements upon or reduced to cultivation any of the lands subject to the operation of this section, shall have a preferred right to file in the office of the officer, as the Secretary of the Interior may designate, of the United States land office of the district in which the lands are situated, an application to purchase the lands thus improved by them at any time within ninety days from February 19, 1925, if the lands have been surveyed and plats filed in the United States land office; otherwise within ninety days from official notice to such claimant of the filing of such plats. Every such application must be accompanied with satisfactory proof that the applicant is entitled to such preference right and that the lands which he applies to purchase are not in the legal possession of an adverse claimant or in the actual possession of a person or persons who have improved the property and who have attempted to enter same in compliance with the laws and regulations of the United States land office.

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

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

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

All purchases made and patents issued under the provisions of this section shall be subject to and contain a reservation to the United States of all the coal, oil, gas, and other minerals in the lands so purchased and patented, together with the right to prospect for, mine, and remove the same.

(Feb. 19, 1925, ch. 268, §§1, 2, 43 Stat. 951, 952; 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. § 421f (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter III: INSTITUTION AND CONSTRUCTION OF PROJECTS / Section 421f: Existing loan contracts; negotiation by Secretary of amendments
Existing loan contracts; negotiation by Secretary of amendments
Status: in_force

The Secretary is hereby authorized to negotiate amendments to existing water service and irrigation distribution system loan contracts to conform said contracts to the provisions of sections 421a to 421h of this title.

(July 4, 1955, ch. 271, §6, as added Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 805.)
43 U.S.C. § 772 (2024) — Title 43: PUBLIC LANDS / Chapter 18: SURVEY OF PUBLIC LANDS / Section 772: Resurveys or retracements to mark boundaries of undisposed lands
Resurveys or retracements to mark boundaries of undisposed lands
Status: in_force

The Secretary of the Interior may, as of March 3, 1909, in his discretion cause to be made, as he may deem wise under the rectangular system on that date provided by law, such resurveys or retracements of the surveys of public lands as, after full investigation, he may deem essential to properly mark the boundaries of the public lands remaining undisposed of: Provided, That no such resurvey or retracement shall be so executed as to impair the bona fide rights or claims of any claimant, entryman, or owner of lands affected by such resurvey or retracement.

(Mar. 3, 1909, ch. 271, 35 Stat. 845; June 25, 1910, No. 40, 36 Stat. 884; Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792.)

Editorial Notes

Amendments

1976—Pub. L. 94–579 struck out proviso authorizing that not more than 20 per centum of relevant appropriations be used for resurveys and retracements under this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–579, title VII, §705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 705(a) is effective on and after Oct. 21, 1976.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 89 (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 89: Monthly returns of district land offices
Monthly returns of district land offices
Status: in_force

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

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

Editorial Notes

Codification

The office of receiver consolidated with that of register by act Mar. 3, 1925, under a register only, the office of receiver being abolished. See, also, Transfer of Functions note below.

R.S. §2245 derived from act July 4, 1836, ch. 352, §9, 5 Stat. 111.

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 "registers", "district land offices" substituted for "their several offices", and former last sentence relating to returns to Commissioner of the General Land Office omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 104 (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 104: Disobedience to subpoena
Disobedience to subpoena
Status: in_force

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

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

Editorial Notes

Codification

Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.
43 U.S.C. § 57 (2024) — Title 43: PUBLIC LANDS / Chapter 3: SURVEYS / Section 57: Authenticated copies or extracts from records as evidence
Authenticated copies or extracts from records as evidence
Status: in_force

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

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

Editorial Notes

Codification

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

R.S. §2224 derived from act Mar. 3, 1853, ch. 145, §§2, 11, 10 Stat. 245, 248.

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 "Supervisor of Surveys" on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title.
43 U.S.C. § 971d (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 971d: Effect on valid existing Alaskan rights
Effect on valid existing Alaskan rights
Status: in_force

Nothing in sections 971a to 971e of this title shall affect adversely any valid existing rights.

(Aug. 1, 1956, ch. 848, §4, 70 Stat. 898.)

Editorial Notes

Codification

Section was formerly classified to section 420c of Title 48, Territories and Insular Possessions.
43 U.S.C. § 364f (2024) — Title 43: PUBLIC LANDS / Chapter 11A: BOARD ON GEOGRAPHIC NAMES / Section 364f: Application to naming of offices or establishments
Application to naming of offices or establishments
Status: in_force

Nothing in this chapter shall be construed as applying to the naming of the offices or establishments of any Federal agency.

(July 25, 1947, ch. 330, §7, 61 Stat. 457.)
43 U.S.C. § 647 (2024) — Title 43: PUBLIC LANDS / Chapter 14: GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION / Section 647: Grant extended to desert lands within part of former Ute Indian Reservation in Colorado
Grant extended to desert lands within part of former Ute Indian Reservation in Colorado
Status: in_force

The provisions of sections 641, 642 and 643 1 of this title are extended over and shall apply to the desert lands within the limits of all that portion of the former Ute Indian Reservation, not included in any national forest, in the State of Colorado, described and embraced in the Act entitled "An Act relating to lands in Colorado lately occupied by the Uncompahgre and White River Ute Indians," approved July 28, 1882: Provided, That before a patent shall issue for any of the lands aforesaid under the terms of the said sections the State of Colorado shall pay into the Treasury of the United States the sum of $1.25 per acre for the lands so patented, and the money so paid shall be subject to the provisions of section 3 of the Act of June 15, 1880, entitled "An Act to accept and ratify the agreements submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State, and for other purposes, and to make the necessary appropriation for carrying out same."

No lands shall be included in any tract to be segregated under the provisions of this section on which the United States Government has valuable improvements, or which have been reserved for any Indian schools or farm purposes.

(Feb. 24, 1909, ch. 178, §§1, 2, 35 Stat. 644, 645.)

Editorial Notes

References in Text

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

Act approved July 28, 1882, referred to in text, is act July 28, 1882, ch. 357, 22 Stat. 178, which is not classified to the Code.

Section 3 of the Act of June 15, 1880, referred to in text, is section 3 of act June 15, 1880, ch. 223, 21 Stat. 199, which is not classified to the Code.

1 See References in Text note below.
43 U.S.C. § 861 (2024) — Title 43: PUBLIC LANDS / Chapter 20: RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES / Section 861: Preference right of selection granted certain Western States; bona fide settlers
Preference right of selection granted certain Western States; bona fide settlers
Status: in_force

The States of North Dakota, South Dakota, Montana, Idaho, and Washington shall have a preference right over any person or corporation to select lands subject to entry by said States by the Act of Congress approved February 22, 1889, for a period of sixty days after lands have been surveyed and duly declared to be subject to selection and entry under the general land laws of the United States.

Such preference right shall not accrue against bona fide homestead or preemption settlers on any of said lands at the date of filing of the plat of survey of any township in any local land office of said States.

(Mar. 3, 1893, ch. 208, 27 Stat. 592.)

Editorial Notes

References in Text

Act February 22, 1889, referred to in text, is act Feb. 22, 1889, ch. 180, 25 Stat. 676. Provisions relating to admission of the enumerated States into the Union are not classified to the Code.
43 U.S.C. § 2406 (2024) — Title 43: PUBLIC LANDS / Chapter 42: RURAL WATER SUPPLY / Subchapter I: RECLAMATION RURAL WATER SUPPLY / Section 2406: Miscellaneous
Miscellaneous
Status: in_force

(a) Authority of Secretary

The Secretary may enter into contracts, financial assistance agreements, and such other agreements, and promulgate such regulations, as are necessary to carry out this subchapter.

(b) Transfer of projects

Nothing in this subchapter authorizes the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership or from private to Federal ownership.

(c) Federal reclamation law

Nothing in this subchapter supersedes or amends any Federal law associated with a project, or portion of a project, constructed under Federal reclamation law.

(d) Interagency coordination

The Secretary shall coordinate the Program carried out under this subchapter with existing Federal and State rural water and wastewater programs to facilitate the most efficient and effective solution to meeting the water needs of the non-Federal project sponsors.

(e) Multiple Indian tribes

In any case in which a contract is entered into with, or a grant is made, to 1 an organization to perform services benefitting more than 1 Indian tribe under this subchapter, the approval of each such Indian tribe shall be a prerequisite to entering into the contract or making the grant.

(f) Ownership of facilities

Title to any facility planned, designed, and recommended for construction under this subchapter shall be held by the non-Federal project entity.

(g) Expedited procedures

If the Secretary determines that a community to be served by a proposed rural water supply project has urgent and compelling water needs, the Secretary shall, to the maximum extent practicable, expedite appraisal investigations and reports conducted under section 2404 of this title and feasibility studies and reports conducted under section 2405 of this title.

(h) Effect on State water law

(1) In general

Nothing in this subchapter preempts or affects State water law or an interstate compact governing water.

(2) Compliance required

The Secretary shall comply with State water laws in carrying out this subchapter.

(i) No additional requirements

Nothing in this subchapter requires a feasibility study for, or imposes any other additional requirements with respect to, rural water supply projects or programs that are authorized before December 22, 2006.

(Pub. L. 109–451, title I, §107, Dec. 22, 2006, 120 Stat. 3355.)

1 So in original. The comma probably should follow "to".
43 U.S.C. § 2101 (2024) — Title 43: PUBLIC LANDS / Chapter 39: ABANDONED SHIPWRECKS / Section 2101: Findings
Findings
Status: in_force

The Congress finds that—

(a) States have the responsibility for management of a broad range of living and nonliving resources in State waters and submerged lands; and

(b) included in the range of resources are certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished ownership rights with no retention.

(Pub. L. 100–298, §2, Apr. 28, 1988, 102 Stat. 432.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 100–298, §1, Apr. 28, 1988, 102 Stat. 432, provided that: "This Act [enacting this chapter] may be cited as the 'Abandoned Shipwreck Act of 1987'."
43 U.S.C. § 1314 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter II: LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES / Section 1314: Rights and powers retained by United States; purchase of natural resources; condemnation of lands
Rights and powers retained by United States; purchase of natural resources; condemnation of lands
Status: in_force

(a) The United States retains all its navigational servitude and rights in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically recognized, confirmed, established, and vested in and assigned to the respective States and others by section 1311 of this title.

(b) In time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor.

(May 22, 1953, ch. 65, title II, §6, 67 Stat. 32.)
43 U.S.C. § 618d (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter II: BOULDER CANYON PROJECT ADJUSTMENT ACT / Section 618d: Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements
Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements
Status: in_force

If at any time there shall be insufficient sums in the Colorado River Dam Fund to meet the cost of replacements, however necessitated, in addition to meeting the other requirements of this subchapter, or of regulations authorized hereby and promulgated by the Secretary, the Secretary of the Treasury, upon request of the Secretary of the Interior, shall readvance to the said fund, in amounts not exceeding, in the aggregate, moneys repaid to the Treasury pursuant to section 618a(b) of this title, the amount required for replacements, however necessitated, in excess of the amount currently available therefor in said Colorado River Dam Fund. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums, not exceeding said aggregate amount, as may be necessary to permit the Secretary of the Treasury to make such readvances. All such readvances shall bear interest.

(July 19, 1940, ch. 643, §5, 54 Stat. 777.)

Statutory Notes and Related Subsidiaries

Readvances to Colorado River Dam Fund; Interest Rate on Readvances

Pub. L. 103–316, title II, Aug. 26, 1994, 108 Stat. 1713, which provided in part that amounts required for replacement work on the Boulder Canyon Project that would require readvances to the Colorado River Dam Fund from the total appropriated for operation and maintenance of reclamation projects were to be so readvanced pursuant to this section, and that readvances after Oct. 1, 1984, were to bear a prescribed interest rate, was from the Energy and Water Development Appropriations Act, 1995, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:

Pub. L. 103–126, title II, Oct. 28, 1993, 107 Stat. 1323.

Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1328.

Pub. L. 102–104, title II, Aug. 17, 1991, 105 Stat. 523.

Pub. L. 101–514, title II, Nov. 5, 1990, 104 Stat. 2084.

Pub. L. 101–101, title II, Sept. 29, 1989, 103 Stat. 653.

Pub. L. 100–371, title II, July 19, 1988, 102 Stat. 863.

Pub. L. 100–202, §101(d) [title II], Dec. 22, 1987, 101 Stat. 1329–104, 1329–115.

Pub. L. 99–500, §101(e) [title II], Oct. 18, 1986, 100 Stat. 1783–194, 1783–201, and Pub. L. 99–591, §101(e) [title II], Oct. 30, 1986, 100 Stat. 3341–194, 3341–201.

Pub. L. 99–141, title II, Nov. 1, 1985, 99 Stat. 568.
43 U.S.C. § 617i (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter I: BOULDER CANYON PROJECT ACT / Section 617i: Modification of existing compact relating to Laguna Dam
Modification of existing compact relating to Laguna Dam
Status: in_force

Nothing in this subchapter shall be construed as modifying in any manner the existing contract, dated October 23, 1918, between the United States and the Imperial Irrigation District, providing for a connection with Laguna Dam; but the Secretary of the Interior is authorized to enter into contract or contracts with the said district or other districts, persons, or agencies for the construction, in accordance with this subchapter of said canal and appurtenant structures, and also for the operation and maintenance thereof, with the consent of the other users.

(Dec. 21, 1928, ch. 42, §10, 45 Stat. 1063.)
43 U.S.C. § 2012 (2024) — Title 43: PUBLIC LANDS / Chapter 38: CRUDE OIL TRANSPORTATION SYSTEMS / Section 2012: Authorization for appropriation
Authorization for appropriation
Status: in_force

There are authorized to be appropriated to the Secretary of the Interior to carry out his responsibilities under this chapter not to exceed $500,000 for the fiscal year ending on September 30, 1978, and not to exceed $1,000,000 for the fiscal year ending on September 30, 1979.

(Pub. L. 95–617, title V, §512, Nov. 9, 1978, 92 Stat. 3164.)
43 U.S.C. § 986 (2024) — Title 43: PUBLIC LANDS / Chapter 23: GRANTS OF SWAMP AND OVERFLOWED LANDS / Section 986: Selection of lands confirmed
Selection of lands confirmed
Status: in_force

All land selected and reported to the General Land Office as swamp and overflowed land by the several States entitled to the provisions of said Act of September 28, 1850, prior to March 3, A.D. 1857, are confirmed to said States respectively so far as the same remained vacant and unappropriated and not interfered with by an actual settlement under any law of the United States.

(R.S. §2484.)

Editorial Notes

Codification

R.S. §2484 derived from act Mar. 3, 1857, ch. 117, 11 Stat. 251.

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.

General Land Office and office of Commissioner of General Land Office abolished by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. Functions of former transferred to Bureau of Land Management, and functions of latter transferred to Secretary of the Interior or that officer as he may designate, by that Plan. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.
43 U.S.C. § 381 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter I: GENERAL PROVISIONS / Section 381: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 639
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 639
Status: repealed

Section, acts June 17, 1902, ch. 1093, §5, 32 Stat. 389; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for commissions of registers and receivers of land offices.
43 U.S.C. § 1542 (2024) — Title 43: PUBLIC LANDS / Chapter 32: COLORADO RIVER BASIN PROJECT / Subchapter IV: LOWER COLORADO RIVER BASIN DEVELOPMENT FUND / Section 1542: Repayment capability of Indian lands
Repayment capability of Indian lands
Status: in_force

The Secretary shall determine the repayment capability of Indian lands within, under, or served by any unit of the project. Construction costs allocated to irrigation of Indian lands (including provision of water for incidental domestic and stock water uses) and within the repayment capability of such lands shall be subject to section 386a of title 25, and such costs that are beyond repayment capability of such lands shall be nonreimbursable.

(Pub. L. 90–537, title IV, §402, Sept. 30, 1968, 82 Stat. 894.)
43 U.S.C. § 316c (2024) — Title 43: PUBLIC LANDS / Chapter 8A: GRAZING LANDS / Subchapter II: ALASKA / Section 316c: Alteration of grazing districts
Alteration of grazing districts
Status: in_force

After any district is established the area embraced therein may be altered in any of the following ways:

(1) The Secretary may add to such districts any public lands which, in his opinion, should be made a part of the district.

(2) The Secretary, subject to existing rights of any lessee, may exclude from such district any lands which he determines are no longer valuable for grazing purposes or are more valuable for other purposes.

(3) The Secretary may enter into cooperative agreement with any person, in respect of the administration, as a part of a district, of lands owned by such person which are contiguous or adjacent to such district or any part thereof.

(Mar. 4, 1927, ch. 513, §4, 44 Stat. 1452.)

Editorial Notes

Codification

Section was formerly classified to section 471c of Title 48, Territories and Insular Possessions.
43 U.S.C. § 1302 (2024) — Title 43: PUBLIC LANDS / Chapter 29: SUBMERGED LANDS / Subchapter I: GENERAL PROVISIONS / Section 1302: Resources seaward of Continental Shelf
Resources seaward of Continental Shelf
Status: in_force

Nothing in this subchapter or subchapter II shall be deemed to affect in any wise the rights of the United States to the natural resources of that portion of the subsoil and seabed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, as defined in section 1301 of this title, all of which natural resources appertain to the United States, and the jurisdiction and control of which by the United States is confirmed.

(May 22, 1953, ch. 65, title II, §9, 67 Stat. 32.)
43 U.S.C. § 90 (2024) — Title 43: PUBLIC LANDS / Chapter 4: DISTRICT LAND OFFICES / Section 90: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act July 1, 1946, ch. 529, 60 Stat. 352, which required authorization of Commissioner of the General Land Office for expenses chargeable to the Government incurred by registers, was omitted pursuant to Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title, which abolished the offices of registers and Commissioner of the General Land Office. Section was not repeated in the Interior Department Appropriation Act, 1948, act July 25, 1947, ch. 337, 61 Stat. 460. Similar provisions were contained in the following prior appropriation acts:

July 3, 1945, ch. 262, 59 Stat. 323.

June 28, 1944, ch. 298, 58 Stat. 468.

July 12, 1943, ch. 219, 57 Stat. 455.

July 2, 1942, ch. 473, 56 Stat. 511.

June 28, 1941, ch. 259, 55 Stat. 310.

June 18, 1940, ch. 395, 54 Stat. 412.

May 10, 1939, ch. 119, 53 Stat. 692.

May 9, 1938, ch. 187, 52 Stat. 297.

Aug. 9, 1937, ch. 570, 50 Stat. 569.

June 22, 1936, ch. 691, 49 Stat. 1762.

May 9, 1935, ch. 101, 49 Stat. 180.

Mar. 2, 1934, ch. 38, 48 Stat. 366.

Feb. 17, 1933, ch. 98, 47 Stat. 823.

Apr. 22, 1932, ch. 125, 47 Stat. 93.

Feb. 14, 1931, ch. 187, 46 Stat. 1117.

May 14, 1930, ch. 273, 46 Stat. 283.

Mar. 4, 1929, ch. 705, 45 Stat. 1565.

Mar. 7, 1938, ch. 137, 45 Stat. 203.

Jan. 12, 1927, ch. 27, 44 Stat. 938.

May 10, 1926, ch. 277, 44 Stat. 457.

June 5, 1924, ch. 264, 43 Stat. 395.

Jan. 24, 1923, ch. 42, 42 Stat. 1179.

May 24, 1922, ch. 199, 42 Stat. 557.

June 12, 1917, ch. 27, 40 Stat. 142.

Mar. 3, 1915, ch. 75, 38 Stat. 855.
43 U.S.C. § 351 (2024) — Title 43: PUBLIC LANDS / Chapter 10: UNDERGROUND-WATER RECLAMATION GRANTS / Section 351: 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 351, act Oct. 22, 1919, ch. 77, §1, 41 Stat. 293, authorized Secretary of the Interior to grant permits to explore for underground water.

Section 352, acts Oct. 22, 1919, ch. 77, §2, 41 Stat. 294; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to designation by Secretary of lands subject to disposal.

Section 353, acts Oct. 22, 1919, ch. 77, §3, 41 Stat. 294; Oct. 28, 1921, ch. 114, §1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, related to application for permit to explore for under-ground water.

Section 354, act Oct. 22, 1919, ch. 77, §4, 41 Stat. 294, related to conditions of permit and its cancellation for failure to meet them.

Section 355, act Oct. 22, 1919, ch. 77, §5, 41 Stat. 294, related to issuance of a patent to land on the development of a water supply.

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 88–417, §1, Aug. 11, 1964, 78 Stat. 389, provided: "That, subject to any valid rights and obligations existing on the date of approval of this Act [Aug. 11, 1964], the Act of October 22, 1919 (41 Stat. 293; 43 U.S.C. 351–355, 357–360), is hereby repealed."

Processing of Applications Filed Prior to August 11, 1964

Pub. L. 88–417, §2, Aug. 11, 1964, 78 Stat. 389, provided that: "Any valid application for permit under that Act [this chapter], on file with the Secretary of the Interior on the effective date of this Act [Aug. 11, 1964], may be processed in the same manner as if this Act [repealing sections 351 to 355 and 357 to 360 of this title] had not been enacted."
43 U.S.C. § 157 (2024) — Title 43: PUBLIC LANDS / Chapter 6: WITHDRAWAL FROM SETTLEMENT, LOCATION, SALE, OR ENTRY / Section 157: Application for withdrawal, reservation, or restriction; specifications
Application for withdrawal, reservation, or restriction; specifications
Status: in_force

Any application filed on and after February 28, 1958 for a withdrawal, reservation, or restriction, the approval of which will, under section 156 of this title, require an Act of Congress, shall specify—

(1) the name of the requesting agency and intended using agency;

(2) location of the area involved, to include a detailed description of the exterior boundaries and excepted areas, if any, within such proposed withdrawal, reservation, or restriction;

(3) gross land and water acreage within the exterior boundaries of the requested withdrawal, reservation, or restriction, and net public land, water, or public land and water acreage covered by the application;

(4) the purpose or purposes for which the area is proposed to be withdrawn, reserved, or restricted, or if the purpose or purposes are classified for national security reasons, a statement to that effect;

(5) whether the proposed use will result in contamination of any or all of the requested withdrawal, reservation, or restriction area, and if so, whether such contamination will be permanent or temporary;

(6) the period during which the proposed withdrawal, reservation, or restriction will continue in effect;

(7) whether, and if so to what extent, the proposed use will affect continuing full operation of the public land laws and Federal regulations relating to conservation, utilization, and development of mineral resources, timber and other material resources, grazing resources, fish and wildlife resources, water resources, and scenic, wilderness, and recreation and other values; and

(8) if effecting the purpose for which the area is proposed to be withdrawn, reserved, or restricted, will involve the use of water in any State, whether, subject to existing rights under law, the intended using agency has acquired, or proposes to acquire, rights to the use thereof in conformity with State laws and procedures relating to the control, appropriation, use, and distribution of water.

(Pub. L. 85–337, §3, Feb. 28, 1958, 72 Stat. 28.)
43 U.S.C. § 616g (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XXXIX: MANN CREEK PROJECT, IDAHO / Section 616g: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 616g, Pub. L. 87–589, §1, Aug. 16, 1962, 76 Stat. 388, authorized construction, operation, and maintenance of Mann Creek project, Idaho.

Section 616h, Pub. L. 87–589, §2, Aug. 16, 1962, 76 Stat. 388, related to repayment of construction costs and to costs allocated to irrigation.

Section 616i, Pub. L. 87–589, §3, Aug. 16, 1962, 76 Stat. 389, related to construction, operation, and maintenance of public recreational facilities and conservation and development of fish and wildlife in connection with this project.

Section 616j, Pub. L. 87–589, §4, Aug. 16, 1962, 76 Stat. 389; Pub. L. 89–60, June 30, 1965, 79 Stat. 207, authorized appropriations for this project.
43 U.S.C. § 1600h (2024) — Title 43: PUBLIC LANDS / Chapter 32B: COLORADO RIVER FLOODWAY / Section 1600h: Separability
Separability
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

(Pub. L. 99–450, §10, Oct. 8, 1986, 100 Stat. 1134.)
43 U.S.C. § 1442 (2024) — Title 43: PUBLIC LANDS / Chapter 30: ADMINISTRATION OF PUBLIC LANDS / Subchapter VIII: PUBLIC AIRPORTS / Section 1442: Terms of lease; public lands for public airports
Terms of lease; public lands for public airports
Status: in_force

Any lease under section 1441 of this title shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions:

(a) That an annual rental of such sum as the Secretary of the Interior may fix for the use of the lands shall be paid to the United States.

(b) That the lessee shall maintain the lands in such condition, and provide for the furnishing of such facilities, service, fuel, and other supplies, as are necessary to make the lands available for public use as an airport of a rating which may be prescribed by the Administrator of the Federal Aviation Agency.

(c) That the lessee shall make reasonable regulations to govern the use of the airport, but such regulations shall take effect only upon approval by the Administrator of the Federal Aviation Agency.

(d) That all departments and agencies of the United States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.

(e) That whenever the President may deem it necessary for military purposes, the Secretary of the Army may assume full control of the airport.

(May 24, 1928, ch. 728, §2, 45 Stat. 728; June 23, 1938, ch. 601, §1107(b), 52 Stat. 1027; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 85–726, title XIV, §§1401(b), 1402(a), Aug. 23, 1958, 72 Stat. 806.)

Editorial Notes

Codification

Section was previously classified to section 212 of former Title 49, Transportation.

Amendments

1958—Subsecs. (b), (c). Pub. L. 85–726, §1402(a), substituted "Administrator of the Federal Aviation Agency" for "Civil Aeronautics Authority".

1938—Subsecs. (b), (c). Act June 23, 1938, substituted "Civil Aeronautics Authority" for "Secretary of Commerce".

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of a Secretary of the Army.

Effective Date of 1958 Amendment

Pub. L. 85–726, title XV, §1505(2), Aug. 23, 1958, 72 Stat. 811, provided that the amendment made by Pub. L. 85–726 is effective on 60th day following date on which Administrator of Federal Aviation Agency first appointed under Pub. L. 85–726 qualifies and takes office. Administrator appointed, qualified, and took office Oct. 31, 1958.

Executive Documents

Transfer of Functions

For transfer of certain real property and functions relating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 14 [§2(17)], eff. July 1, 1948.
43 U.S.C. § 4 (2024) — Title 43: PUBLIC LANDS / Chapter 1: BUREAU OF LAND MANAGEMENT / Section 4: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 641
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 641
Status: repealed

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

Section 5, R.S. §447, provided for a recorder of the former General Land Office.
43 U.S.C. § 417 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter III: INSTITUTION AND CONSTRUCTION OF PROJECTS / Section 417: Reservation of easements in public lands for reclamation projects
Reservation of easements in public lands for reclamation projects
Status: in_force

Where, in the opinion of the Secretary, a right of way or easement of any kind over public land is required in connection with a project the Secretary may reserve the same to the United States by filing in the Bureau of Land Management and in the appropriate local land office copies of an instrument giving a description of the right of way or easement and notice that the same is reserved to the United States for Federal irrigation purposes under sections 371, 376, 377, 412, 417, 433, 438,1 462, 463,1 466, 473,1 474,1 478, 493, 494, 500, 501, and 526 of this title, in which event entry for such land and the patent issued therefor shall be subject to the right of way or easement so described in such instrument; and reference to each such instrument shall be made in the appropriate tract books and also in the patent.

(Dec. 5, 1924, ch. 4, §4, subsec. P, 43 Stat. 704; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

Editorial Notes

References in Text

Section 438 of this title, referred to in text, was repealed by act Aug. 13, 1953, ch. 428, §10, 67 Stat. 568.

Sections 463, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383, §47, 44 Stat. 650.

Statutory Notes and Related Subsidiaries

Definitions

The definitions in section 371 of this title apply to this section.

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.

"Bureau of Land Management" substituted for "General Land Office" on authority of section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

1 See References in Text note below.
43 U.S.C. § 616ww (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XLVI: McKAY DAM AND RESERVOIR, UMATILLA PROJECT, OREGON / Section 616ww: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 616ww, Pub. L. 94–228, title III, §301, Mar. 11, 1976, 90 Stat. 207, authorized construction of McKay Dam and Reservoir, Umatilla project, Oregon, and provided for allocation of costs.

Section 616ww–1, Pub. L. 94–228, title III, §302, Mar. 11, 1976, 90 Stat. 207, authorized modifications to spillway structure of McKay Dam.

Section 616ww–2, Pub. L. 94–228, title III, §303, Mar. 11, 1976, 90 Stat. 207, related to maximum storage capacity allocated for primary purpose of retaining and regulating flood control.

Section 616ww–3, Pub. L. 94–228, title III, §304, Mar. 11, 1976, 90 Stat. 207, related to allocation of costs for modification of McKay Dam and to allocation of all other costs.

Section 616ww–4, Pub. L. 94–228, title III, §305, Mar. 11, 1976, 90 Stat. 207, related to repayment contracts and reimbursable costs.

Section 616ww–5, Pub. L. 94–228, title III, §306, Mar. 11, 1976, 90 Stat. 207, authorized appropriations for this project.
43 U.S.C. § 934 (2024) — Title 43: PUBLIC LANDS / Chapter 22: RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS / Section 934: Right of way through public lands granted to railroads
Right of way through public lands granted to railroads
Status: in_force

The right of way through the public lands of the United States is granted to any railroad company duly organized under the laws of any State or Territory, except the District of Columbia, or by the Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road.

(Mar. 3, 1875, ch. 152, §1, 18 Stat. 482.)

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
43 U.S.C. § 421h (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter III: INSTITUTION AND CONSTRUCTION OF PROJECTS / Section 421h: Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title
Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title
Status: in_force

Works financed by loans made under sections 421a to 421h of this title shall be subject to all procedural and substantive requirements of the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(July 4, 1955, ch. 271, §8, as added Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 806.)

Editorial Notes

References in Text

The Fish and Wildlife Coordination Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables.

The Federal Water Pollution Control Act, as amended, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
43 U.S.C. § 53 (2024) — Title 43: PUBLIC LANDS / Chapter 3: SURVEYS / Section 53: Powers devolved on Secretary of the Interior on turning over of papers to States
Powers devolved on Secretary of the Interior on turning over of papers to States
Status: in_force

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

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

Editorial Notes

Codification

R.S. §2219 derived from act Jan. 22, 1853, ch. 24, §1, 10 Stat. 152.

Statutory Notes and Related Subsidiaries

Surveyor General

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

Executive Documents

Transfer of Functions

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

"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. § 1742 (2024) — Title 43: PUBLIC LANDS / Chapter 35: FEDERAL LAND POLICY AND MANAGEMENT / Subchapter III: ADMINISTRATION / Section 1742: Search, rescue, and protection forces; emergency situations authorizing hiring
Search, rescue, and protection forces; emergency situations authorizing hiring
Status: in_force

Where in his judgment sufficient search, rescue, and protection forces are not otherwise available, the Secretary is authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or in cooperating in the search for and rescue of, persons lost on the public lands, (b) in protecting or rescuing, or in cooperating in the protection and rescue of, persons or animals endangered by an act of God, and (c) in transporting deceased persons or persons seriously ill or injured to the nearest place where interested parties or local authorities are located.

(Pub. L. 94–579, title III, §312, Oct. 21, 1976, 90 Stat. 2768.)
43 U.S.C. § 596 (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter XVII: LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY / Section 596: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act May 20, 1921, ch. 9, 42 Stat. 7, gave ex-service men, successful at drawing held March 5, 1920, but unable to make entry because of reinstatement of conflicting claims, preference for not less than thirty days before next opening of lands to other entry.
43 U.S.C. § 873 (2024) — Title 43: PUBLIC LANDS / Chapter 20: RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES / Section 873: Lands granted for erecting public buildings; purpose of grant
Lands granted for erecting public buildings; purpose of grant
Status: in_force

In any case in which public lands of the United States have been granted to a State, before May 16, 1958, for the purpose of erecting public buildings at the capital of such State for legislative, executive, and judicial purposes, the purpose of such grant shall be deemed to include construction, reconstruction, repair, renovation, and other permanent improvements of such public buildings, the acquisition of necessary land for such buildings, furnishings and equipment for such buildings, and the payment of principal and interest on bonds issued for any such purpose.

(Pub. L. 85–411, May 16, 1958, 72 Stat. 117.)
43 U.S.C. § 774 (2024) — Title 43: PUBLIC LANDS / Chapter 18: SURVEY OF PUBLIC LANDS / Section 774: Protection of surveyor by marshal
Protection of surveyor by marshal
Status: in_force

Whenever the President is satisfied that forcible opposition has been offered, or is likely to be offered, to any surveyor or deputy surveyor in the discharge of his duties in surveying the public lands, it may be lawful for the President to order the marshal of the State or district, by himself or deputy, to attend such surveyor or deputy surveyor with sufficient force to protect such officer in the execution of his duty, and to remove force should any be offered.

(R.S. §2413.)

Editorial Notes

Codification

R.S. §2413 derived from act May 29, 1830, ch. 163, §2, 4 Stat. 417.
43 U.S.C. § 663 (2024) — Title 43: PUBLIC LANDS / Chapter 15: APPROPRIATION OF WATERS; RESERVOIR SITES / Section 663: Restriction of sites to inclusion of necessary lands
Restriction of sites to inclusion of necessary lands
Status: in_force

Reservoir sites located or selected and to be located and selected shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs.

(Mar. 3, 1891, ch. 561, §17, 26 Stat. 1101.)
43 U.S.C. § 618j (2024) — Title 43: PUBLIC LANDS / Chapter 12A: BOULDER CANYON PROJECT / Subchapter II: BOULDER CANYON PROJECT ADJUSTMENT ACT / Section 618j: Effect of refusal to modify existing contracts
Effect of refusal to modify existing contracts
Status: in_force

Any contractor for energy from the project failing or refusing to execute a contract modifying its existing contract to conform to this subchapter shall continue to pay the rates and charges provided for in its existing contract, subject to such periodic readjustments as are therein provided, in all respects as if this subchapter had not been passed, and so far as necessary to support such existing contract all of the provisions of the Project Act [43 U.S.C. 617 et seq.] shall remain in effect, anything in this subchapter inconsistent therewith notwithstanding.

(July 19, 1940, ch. 643, §11, 54 Stat. 778.)

Editorial Notes

References in Text

The Project Act, referred to in text, is defined in section 618k of this title.
43 U.S.C. § 2304 (2024) — Title 43: PUBLIC LANDS / Chapter 41: FEDERAL LAND TRANSACTION FACILITATION / Section 2304: Disposal of public land
Disposal of public land
Status: in_force

(a) In general

The Secretary shall establish a program, using funds made available under section 2305 of this title—

(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 1712 of this title;

(2) not later than 180 days after March 23, 2018, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and

(3) to maintain the database referred to in paragraph (2).

(b) Sale of public land

(1) In general

The sale of public land so identified shall be conducted in accordance with sections 1713 and 1719 of this title.

(2) Exceptions to competitive bidding requirements

The exceptions to competitive bidding requirements under section 1713(f) of this title shall apply to this section in cases in which the Secretary determines it to be necessary.

(c) Report in Public Land Statistics

The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section.

(Pub. L. 106–248, title II, §205, July 25, 2000, 114 Stat. 615; Pub. L. 111–212, title III, §3007(a), July 29, 2010, 124 Stat. 2339; Pub. L. 115–141, div. O, title III, §302(4), Mar. 23, 2018, 132 Stat. 1075.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–141, §302(4)(A), substituted "section 2305 of this title—" and pars. (1) to (3) for "section 2305 of this title, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans (as in effect on July 25, 2000) under section 1712 of this title."

Subsec. (d). Pub. L. 115–141, §302(4)(B), struck out subsec. (d). Text read as follows: "The authority provided under this section shall terminate 11 years after July 25, 2000."

2010—Subsec. (d). Pub. L. 111–212 substituted "11 years" for "10 years".
43 U.S.C. § 422k (2024) — Title 43: PUBLIC LANDS / Chapter 12: RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT / Subchapter IV: CONSTRUCTION OF SMALL PROJECTS / Section 422k: Supplement to Federal reclamation laws; short title
Supplement to Federal reclamation laws; short title
Status: in_force

This subchapter shall be a supplement to the Federal reclamation laws and may be cited as the Small Reclamation Projects Act of 1956.

(Aug. 6, 1956, ch. 972, §11, 70 Stat. 1047.)

Editorial Notes

References in Text

The Federal reclamation laws, referred to in text, are defined in section 422b of this title.